[Congressional Record Volume 160, Number 66 (Monday, May 5, 2014)]
[Senate]
[Pages S2650-S2676]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2974. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title V, insert the following:

     SEC. 5__. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON 
                   FEDERAL LAND IN STATES.

       (a) In General.--The Mineral Leasing Act is amended--
       (1) by redesignating section 44 (30 U.S.C. 181 note) as 
     section 45; and
       (2) by inserting after section 43 (30 U.S.C. 226-3) the 
     following:

     ``SEC. 44. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON 
                   FEDERAL LAND IN STATES.

       ``(a) In General.--Subject to subsection (b), the Secretary 
     of the Interior shall not issue or promulgate any guideline 
     or regulation relating to oil or gas exploration or 
     production on Federal land in a State if the State has 
     otherwise met the requirements under this Act or any other 
     applicable Federal law.
       ``(b) Exception.--The Secretary may issue or promulgate 
     guidelines and regulations relating to oil or gas exploration 
     or production on Federal land in a State if the Secretary of 
     the Interior determines that as a result of the oil or gas 
     exploration or production there is an imminent and 
     substantial danger to the public health or environment.''.
       (b) Regulations.--Part E of the Safe Drinking Water Act (42 
     U.S.C. 300j et seq.) is amended by adding at the end the 
     following:

     ``SEC. 1459. REGULATIONS.

       ``(a) Comments Relating to Oil and Gas Exploration and 
     Production.--Before issuing or promulgating any guideline or 
     regulation relating to oil and gas exploration and production 
     on Federal, State, tribal, or fee land pursuant to this Act, 
     the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
     seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Act 
     entitled `An Act to regulate the leasing of certain Indian 
     lands for mining purposes', approved May 11, 1938 (commonly 
     known as the `Indian Mineral Leasing Act of 1938') (25 U.S.C. 
     396a et seq.), the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.), or any other provision of law or Executive order, the 
     head of a Federal department or agency shall seek comments 
     from and consult with the head of each affected State, State 
     agency, and Indian tribe at a location within the 
     jurisdiction of the State or Indian tribe, as applicable.
       ``(b) Statement of Energy and Economic Impact.--Each 
     Federal department or agency described in subsection (a) 
     shall develop a Statement of Energy and Economic Impact, 
     which shall consist of a detailed statement and analysis 
     supported by credible objective evidence relating to--
       ``(1) any adverse effects on energy supply, distribution, 
     or use, including a shortfall in supply, price increases, and 
     increased use of foreign supplies; and
       ``(2) any impact on the domestic economy if the action is 
     taken, including the loss of jobs and decrease of revenue to 
     each of the general and educational funds of the State or 
     affected Indian tribe.
       ``(c) Regulations.--
       ``(1) In general.--A Federal department or agency shall not 
     impose any new or modified regulation unless the head of the 
     applicable Federal department or agency determines--
       ``(A) that the rule is necessary to prevent imminent 
     substantial danger to the public health or the environment; 
     and
       ``(B) by clear and convincing evidence, that the State or 
     Indian tribe does not have an existing reasonable alternative 
     to the proposed regulation.
       ``(2) Disclosure.--Any Federal regulation promulgated on or 
     after the date of enactment of this paragraph that requires 
     disclosure of hydraulic fracturing chemicals shall refer to 
     the database managed by the Ground Water Protection Council 
     and the Interstate Oil and Gas Compact Commission (as in 
     effect on the date of enactment of this Act).
       ``(d) Judicial Review.--
       ``(1) In general.--With respect to any regulation described 
     in this section, a State or Indian tribe adversely affected 
     by an action carried out under the regulation shall be 
     entitled to review by a United States district court located 
     in the State or the District of Columbia of compliance by the 
     applicable Federal department or agency with the requirements 
     of this section.
       ``(2) Action by court.--
       ``(A) In general.--A district court providing review under 
     this subsection may enjoin or mandate any action by a 
     relevant Federal department or agency until the district 
     court determines that the department or agency has complied 
     with the requirements of this section.
       ``(B) Damages.--The court shall not order money damages.
       ``(3) Scope and standard of review.--In reviewing a 
     regulation under this subsection--
       ``(A) the court shall not consider any evidence outside of 
     the record that was before the agency; and
       ``(B) the standard of review shall be de novo.''.
                                 ______
                                 
  SA 2975. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of the bill, add the following:

                  DIVISION B--DOMESTIC ENERGY AND JOBS

     SEC. 2001. SHORT TITLE.

       This division may be cited as the ``Domestic Energy and 
     Jobs Act''.

       TITLE I--IMPACTS OF EPA RULES AND ACTIONS ON ENERGY PRICES

     SEC. 2101. SHORT TITLE.

       This title may be cited as the ``Gasoline Regulations Act 
     of 2014''.

     SEC. 2102. TRANSPORTATION FUELS REGULATORY COMMITTEE.

       (a) Establishment.--The President shall establish a 
     committee, to be known as the Transportation Fuels Regulatory 
     Committee (referred to in this title as the ``Committee''), 
     to analyze and report on the cumulative impacts of certain 
     rules and actions of the Environmental Protection Agency on 
     gasoline, diesel fuel, and natural gas prices, in accordance 
     with sections 2103 and 2104.
       (b) Members.--The Committee shall be composed of the 
     following officials (or their designees):
       (1) The Secretary of Energy, who shall serve as the Chair 
     of the Committee.
       (2) The Secretary of Transportation, acting through the 
     Administrator of the National Highway Traffic Safety 
     Administration.
       (3) The Secretary of Commerce, acting through the Chief 
     Economist and the Under Secretary for International Trade.

[[Page S2651]]

       (4) The Secretary of Labor, acting through the Commissioner 
     of the Bureau of Labor Statistics.
       (5) The Secretary of the Treasury, acting through the 
     Deputy Assistant Secretary for Environment and Energy of the 
     Department of the Treasury.
       (6) The Secretary of Agriculture, acting through the Chief 
     Economist.
       (7) The Administrator of the Environmental Protection 
     Agency.
       (8) The Chairman of the United States International Trade 
     Commission, acting through the Director of the Office of 
     Economics.
       (9) The Administrator of the Energy Information 
     Administration.
       (c) Consultation by Chair.--In carrying out the functions 
     of the Chair of the Committee, the Chair shall consult with 
     the other members of the Committee.
       (d) Consultation by Committee.--In carrying out this title, 
     the Committee shall consult with the National Energy 
     Technology Laboratory.
       (e) Termination.--The Committee shall terminate on the date 
     that is 60 days after the date of submission of the final 
     report of the Committee pursuant to section 2104(c).

     SEC. 2103. ANALYSES.

       (a) Definitions.--In this section:
       (1) Covered action.--The term ``covered action'' means any 
     action, to the extent that the action affects facilities 
     involved in the production, transportation, or distribution 
     of gasoline, diesel fuel, or natural gas, taken on or after 
     January 1, 2009, by the Administrator of the Environmental 
     Protection Agency, a State, a local government, or a 
     permitting agency as a result of the application of part C of 
     title I (relating to prevention of significant deterioration 
     of air quality), or title V (relating to permitting), of the 
     Clean Air Act (42 U.S.C. 7401 et seq.), to an air pollutant 
     that is identified as a greenhouse gas in the rule entitled 
     ``Endangerment and Cause or Contribute Findings for 
     Greenhouse Gases Under Section 202(a) of the Clean Air Act'' 
     (74 Fed. Reg. 66496 (December 15, 2009)).
       (2) Covered rule.--The term ``covered rule'' means the 
     following rules (and includes any successor or substantially 
     similar rules):
       (A) ``Control of Air Pollution From New Motor Vehicles: 
     Tier 3 Motor Vehicle Emission and Fuel Standards'', as 
     described in the Unified Agenda of Federal Regulatory and 
     Deregulatory Actions under Regulatory Identification Number 
     2060-AQ86.
       (B) ``National Ambient Air Quality Standards for Ozone'' 
     (73 Fed. Reg. 16436 (March 27, 2008)).
       (C) ``Reconsideration of the 2008 Ozone Primary and 
     Secondary National Ambient Air Quality Standards'', as 
     described in the Unified Agenda of Federal Regulatory and 
     Deregulatory Actions under Regulatory Identification Number 
     2060-AP98.
       (D) Any rule proposed after March 15, 2012, establishing or 
     revising a standard of performance or emission standard under 
     section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 
     7412) applicable to petroleum refineries.
       (E) Any rule proposed after March 15, 2012, to implement 
     any portion of the renewable fuel program under section 
     211(o) of the Clean Air Act (42 U.S.C. 7545(o)).
       (F) Any rule proposed after March 15, 2012, revising or 
     supplementing the national ambient air quality standards for 
     ozone under section 109 of the Clean Air Act (42 U.S.C. 
     7409).
       (b) Scope.--The Committee shall conduct analyses, for each 
     of calendar years 2016 and 2020, of the prospective 
     cumulative impact of all covered rules and covered actions.
       (c) Contents.--The Committee shall include in each analysis 
     conducted under this section--
       (1) estimates of the cumulative impacts of the covered 
     rules and covered actions relating to--
       (A) any resulting change in the national, State, or 
     regional price of gasoline, diesel fuel, or natural gas;
       (B) required capital investments and projected costs for 
     operation and maintenance of new equipment required to be 
     installed;
       (C) global economic competitiveness of the United States 
     and any loss of domestic refining capacity;
       (D) other cumulative costs and cumulative benefits, 
     including evaluation through a general equilibrium model 
     approach;
       (E) national, State, and regional employment, including 
     impacts associated with changes in gasoline, diesel fuel, or 
     natural gas prices and facility closures; and
       (F) any other matters affecting the growth, stability, and 
     sustainability of the oil and gas industries of the United 
     States, particularly relative to that of other nations;
       (2) an analysis of key uncertainties and assumptions 
     associated with each estimate under paragraph (1);
       (3) a sensitivity analysis reflecting alternative 
     assumptions with respect to the aggregate demand for 
     gasoline, diesel fuel, or natural gas; and
       (4) an analysis and, if feasible, an assessment of--
       (A) the cumulative impact of the covered rules and covered 
     actions on--
       (i) consumers;
       (ii) small businesses;
       (iii) regional economies;
       (iv) State, local, and tribal governments;
       (v) low-income communities;
       (vi) public health; and
       (vii) local and industry-specific labor markets; and
       (B) key uncertainties associated with each topic described 
     in subparagraph (A).
       (d) Methods.--In conducting analyses under this section, 
     the Committee shall use the best available methods, 
     consistent with guidance from the Office of Information and 
     Regulatory Affairs and the Office of Management and Budget 
     Circular A-4.
       (e) Data.--In conducting analyses under this section, the 
     Committee shall not be required to create data or to use data 
     that is not readily accessible.

     SEC. 2104. REPORTS; PUBLIC COMMENT.

       (a) Preliminary Report.--Not later than 90 days after the 
     date of enactment of this Act, the Committee shall make 
     public and submit to the Committee on Energy and Commerce of 
     the House of Representatives and the Committee on Environment 
     and Public Works of the Senate a preliminary report 
     containing the results of the analyses conducted under 
     section 2103.
       (b) Public Comment Period.--The Committee shall accept 
     public comments regarding the preliminary report submitted 
     under subsection (a) for a period of 60 days after the date 
     on which the preliminary report is submitted.
       (c) Final Report.--Not later than 60 days after the 
     expiration of the 60-day period described in subsection (b), 
     the Committee shall submit to Congress a final report 
     containing the analyses conducted under section 2103, 
     including--
       (1) any revisions to the analyses made as a result of 
     public comments; and
       (2) a response to the public comments.

     SEC. 2105. NO FINAL ACTION ON CERTAIN RULES.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency shall not finalize any of the following 
     rules until a date (to be determined by the Administrator) 
     that is at least 180 days after the date on which the 
     Committee submits the final report under section 2104(c):
       (1) ``Control of Air Pollution From New Motor Vehicles: 
     Tier 3 Motor Vehicle Emission and Fuel Standards'', as 
     described in the Unified Agenda of Federal Regulatory and 
     Deregulatory Actions under Regulatory Identification Number 
     2060-AQ86, and any successor or substantially similar rule.
       (2) Any rule proposed after March 15, 2012, establishing or 
     revising a standard of performance or emission standard under 
     section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 
     7412) that is applicable to petroleum refineries.
       (3) Any rule revising or supplementing the national ambient 
     air quality standards for ozone under section 109 of the 
     Clean Air Act (42 U.S.C. 7409).
       (b) Other Rules Not Affected.--Subsection (a) shall not 
     affect the finalization of any rule other than the rules 
     described in subsection (a).

     SEC. 2106. CONSIDERATION OF FEASIBILITY AND COST IN REVISING 
                   OR SUPPLEMENTING NATIONAL AMBIENT AIR QUALITY 
                   STANDARDS FOR OZONE.

       In revising or supplementing any national primary or 
     secondary ambient air quality standards for ozone under 
     section 109 of the Clean Air Act (42 U.S.C. 7409), the 
     Administrator of the Environmental Protection Agency shall 
     take into consideration feasibility and cost.

     SEC. 2107. FUEL REQUIREMENTS WAIVER AND STUDY.

       (a) Waiver of Fuel Requirements.--Section 211(c)(4)(C) of 
     the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended--
       (1) in clause (ii)(II), by inserting ``a problem with 
     distribution or delivery equipment that is necessary for the 
     transportation or delivery of fuel or fuel additives,'' after 
     ``equipment failure,'';
       (2) in clause (iii)(II), by inserting before the semicolon 
     at the end the following: ``(except that the Administrator 
     may extend the effectiveness of a waiver for more than 20 
     days if the Administrator determines that the conditions 
     under clause (ii) supporting a waiver determination will 
     exist for more than 20 days)'';
       (3) by redesignating the second clause (v) (relating to the 
     authority of the Administrator to approve certain State 
     implementation plans) as clause (vi); and
       (4) by adding at the end the following:
       ``(vii) Presumptive Approval.--Notwithstanding any other 
     provision of this subparagraph, if the Administrator does not 
     approve or deny a request for a waiver under this 
     subparagraph within 3 days after receipt of the request, the 
     request shall be deemed to be approved as received by the 
     Administrator and the applicable fuel standards shall be 
     waived for the period of time requested.''.
       (b) Fuel System Requirements Harmonization Study.--Section 
     1509 of the Energy Policy Act of 2005 (Public Law 109-58; 119 
     Stat. 1083) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(A), by inserting ``biofuels,'' after 
     ``oxygenated fuel,''; and
       (B) in paragraph (2)(G), by striking ``Tier II'' and 
     inserting ``Tier III''; and
       (2) in subsection (b)(1), by striking ``2008'' and 
     inserting ``2014''.

   TITLE II--QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION 
                                STRATEGY

     SEC. 2201. SHORT TITLE.

       This title may be cited as the ``Planning for American 
     Energy Act of 2014''.

     SEC. 2202. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.

       The Mineral Leasing Act is amended--

[[Page S2652]]

       (1) by redesignating section 44 (30 U.S.C. 181 note) as 
     section 45; and
       (2) by inserting after section 43 (30 U.S.C. 226-3) the 
     following:

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

       ``(a) Definitions.--In this section:
       ``(1) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(2) Strategic and critical energy minerals.--The term 
     `strategic and critical energy minerals' means--
       ``(A) minerals that are necessary for the energy 
     infrastructure of the United States, including pipelines, 
     refining capacity, electrical power generation and 
     transmission, and renewable energy production; and
       ``(B) minerals that are necessary to support domestic 
     manufacturing, including materials used in energy generation, 
     production, and transportation.
       ``(3) Strategy.--The term `Strategy' means the Quadrennial 
     Federal Onshore Energy Production Strategy required under 
     this section.
       ``(b) Strategy.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Agriculture with regard to land administered by 
     the Forest Service, shall develop and publish every 4 years a 
     Quadrennial Federal Onshore Energy Production Strategy.
       ``(2) Energy security.--The Strategy shall direct Federal 
     land energy development and department resource allocation to 
     promote the energy security of the United States.
       ``(c) Purposes.--
       ``(1) In general.--In developing a Strategy, the Secretary 
     shall consult with the Administrator of the Energy 
     Information Administration on--
       ``(A) the projected energy demands of the United States for 
     the 30-year period beginning on the date of initiation of the 
     Strategy; and
       ``(B) how energy derived from Federal onshore land can 
     place the United States on a trajectory to meet that demand 
     during the 4-year period beginning on the date of initiation 
     of the Strategy.
       ``(2) Energy security.--The Secretary shall consider how 
     Federal land will contribute to ensuring national energy 
     security, with a goal of increasing energy independence and 
     production, during the 4-year period beginning on the date of 
     initiation of the Strategy.
       ``(d) Objectives.--The Secretary shall establish a domestic 
     strategic production objective for the development of energy 
     resources from Federal onshore land that is based on 
     commercial and scientific data relating to the expected 
     increase in--
       ``(1) domestic production of oil and natural gas from the 
     Federal onshore mineral estate, with a focus on land held by 
     the Bureau of Land Management and the Forest Service;
       ``(2) domestic coal production from Federal land;
       ``(3) domestic production of strategic and critical energy 
     minerals from the Federal onshore mineral estate;
       ``(4) megawatts for electricity production from each of 
     wind, solar, biomass, hydropower, and geothermal energy 
     produced on Federal land administered by the Bureau of Land 
     Management and the Forest Service;
       ``(5) unconventional energy production, such as oil shale;
       ``(6) domestic production of oil, natural gas, coal, and 
     other renewable sources from tribal land for any federally 
     recognized Indian tribe that elects to participate in 
     facilitating energy production on the land of the Indian 
     tribe; and
       ``(7) domestic production of geothermal, solar, wind, or 
     other renewable energy sources on land defined as available 
     lands under section 203 of the Hawaiian Homes Commission Act, 
     1920 (42 Stat. 109, chapter 42), and any other land 
     considered by the Territory or State of Hawaii, as the case 
     may be, to be available lands.
       ``(e) Methodology.--The Secretary shall consult with the 
     Administrator of the Energy Information Administration 
     regarding the methodology used to arrive at the estimates 
     made by the Secretary to carry out this section.
       ``(f) Expansion of Plan.--The Secretary may expand a 
     Strategy to include other energy production technology 
     sources or advancements in energy production on Federal land.
       ``(g) Tribal Objectives.--
       ``(1) In general.--It is the sense of Congress that 
     federally recognized Indian tribes may elect to set the 
     production objectives of the Indian tribes as part of a 
     Strategy under this section.
       ``(2) Cooperation.--The Secretary shall work in cooperation 
     with any federally recognized Indian tribe that elects to 
     participate in achieving the strategic energy objectives of 
     the Indian tribe under this subsection.
       ``(h) Execution of Strategy.--
       ``(1) Definition of secretary concerned.--In this 
     subsection, the term `Secretary concerned' means--
       ``(A) the Secretary of Agriculture (acting through the 
     Chief of the Forest Service), with respect to National Forest 
     System land; and
       ``(B) the Secretary of the Interior, with respect to land 
     managed by the Bureau of Land Management (including land held 
     for the benefit of an Indian tribe).
       ``(2) Additional land.--The Secretary concerned may make 
     determinations regarding which additional land under the 
     jurisdiction of the Secretary concerned will be made 
     available in order to meet the energy production objectives 
     established by a Strategy.
       ``(3) Actions.--The Secretary concerned shall take all 
     necessary actions to achieve the energy production objectives 
     established under this section unless the President 
     determines that it is not in the national security and 
     economic interests of the United States--
       ``(A) to increase Federal domestic energy production; and
       ``(B) to decrease dependence on foreign sources of energy.
       ``(4) Leasing.--In carrying out this subsection, the 
     Secretary concerned shall only consider leasing Federal land 
     available for leasing at the time the lease sale occurs.
       ``(i) State, Federally Recognized Indian Tribes, Local 
     Government, and Public Input.--In developing a Strategy, the 
     Secretary shall solicit the input of affected States, 
     federally recognized Indian tribes, local governments, and 
     the public.
       ``(j) Annual Reports.--
       ``(1) In general.--The Secretary shall submit to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate an annual report describing the 
     progress made in meeting the production goals of a Strategy.
       ``(2) Contents.--In a report required under this 
     subsection, the Secretary shall--
       ``(A) make projections for production and capacity 
     installations;
       ``(B) describe any problems with leasing, permitting, 
     siting, or production that will prevent meeting the 
     production goals of a Strategy; and
       ``(C) make recommendations to help meet any shortfalls in 
     meeting the production goals.
       ``(k) Programmatic Environmental Impact Statement.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, 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 for carrying out 
     this section.
       ``(2) Compliance.--The programmatic environmental impact 
     statement shall be considered sufficient to comply with all 
     requirements under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) for all necessary resource 
     management and land use plans associated with the 
     implementation of a Strategy.
       ``(l) Congressional Review.--
       ``(1) In general.--Not later than 60 days before publishing 
     a proposed Strategy under this section, the Secretary shall 
     submit to Congress and the President the proposed Strategy, 
     together with any comments received from States, federally 
     recognized Indian tribes, and local governments.
       ``(2) Recommendations.--The submission shall indicate why 
     any specific recommendation of a State, federally recognized 
     Indian tribe, or local government was not accepted.
       ``(m) Administration.--Nothing in this section modifies or 
     affects any multiuse plan.
       ``(n) First Strategy.--Not later than 18 months after the 
     date of enactment of this subsection, the Secretary shall 
     submit to Congress the first Strategy.''.

            TITLE III--ONSHORE OIL AND GAS LEASING CERTAINTY

     SEC. 2301. SHORT TITLE.

       This title may be cited as the ``Providing Leasing 
     Certainty for American Energy Act of 2014''.

     SEC. 2302. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE 
                   SALES.

       Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is 
     amended--
       (1) by striking ``Sec. 17. (a) All lands'' and inserting 
     the following:

     ``SEC. 17. LEASE OF OIL AND GAS LAND.

       ``(a) Authority.--
       ``(1) In general.--All land''; and
       (2) in subsection (a) (as amended by paragraph (1)), by 
     adding at the end the following:
       ``(2) Minimum acreage requirement for onshore lease 
     sales.--
       ``(A) In general.--In conducting lease sales under this 
     section, each year, the Secretary shall offer for sale not 
     less than 25 percent of the annual nominated acreage not 
     previously made available for lease.
       ``(B) Review.--The offering of acreage offered for lease 
     under this paragraph shall not be subject to review.
       ``(C) Categorical exclusions.--Acreage offered for lease 
     under this paragraph shall be eligible for categorical 
     exclusions under section 390 of the Energy Policy Act of 2005 
     (42 U.S.C. 15942), except that extraordinary circumstances 
     shall not be required for a categorical exclusion under this 
     paragraph.
       ``(D) Leasing.--In carrying out this subsection, the 
     Secretary shall only consider leasing of Federal land that is 
     available for leasing at the time the lease sale occurs.''.

     SEC. 2303. LEASING CERTAINTY AND CONSISTENCY.

       Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) 
     (as amended by section 2302) is amended by adding at the end 
     the following:
       ``(3) Leasing certainty.--
       ``(A) In general.--The Secretary shall not withdraw 
     approval of any covered energy project involving a lease 
     under this Act without finding a violation of the terms of 
     the lease by the lessee.
       ``(B) Delay.--The Secretary shall not infringe on lease 
     rights under leases issued

[[Page S2653]]

     under this Act by indefinitely delaying issuance of project 
     approvals, drilling and seismic permits, and rights-of-way 
     for activities under a lease.
       ``(C) Availability of nominated areas.--Not later than 18 
     months after an area is designated as open under the 
     applicable land use plan, the Secretary shall make available 
     nominated areas for lease under paragraph (2).
       ``(D) Issuance of leases.--Notwithstanding any other 
     provision of law, the Secretary shall issue all leases sold 
     under this Act not later than 60 days after the last payment 
     is made.
       ``(E) Cancellation or withdrawal of lease parcels.--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) Appeals.--
       ``(i) In general.--The Secretary shall complete the review 
     of any appeal of a lease sale under this Act not later than 
     60 days after the receipt of the appeal.
       ``(ii) Constructive approval.--If the review of an appeal 
     is not conducted in accordance with clause (i), the appeal 
     shall be considered approved.
       ``(G) Additional stipulations.--The Secretary may not add 
     any additional lease stipulation for a parcel after the 
     parcel is sold unless the Secretary--
       ``(i) consults with the lessee and obtains the approval of 
     the lessee; or
       ``(ii) determines that the stipulation is an emergency 
     action that is necessary to conserve the resources of the 
     United States.
       ``(4) Leasing consistency.--A Federal land manager shall 
     comply with applicable resource management plans and continue 
     to actively lease in areas designated as open when resource 
     management plans are being amended or revised, until a new 
     record of decision is signed.''.

     SEC. 2304. REDUCTION OF REDUNDANT POLICIES.

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

                TITLE IV--STREAMLINED ENERGY PERMITTING

     SEC. 2401. SHORT TITLE.

       This title may be cited as the ``Streamlining Permitting of 
     American Energy Act of 2014''.

      Subtitle A--Application for Permits To Drill Process Reform

     SEC. 2411. PERMIT TO DRILL APPLICATION TIMELINE.

       Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) 
     is amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Applications for permits to drill reform and 
     process.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall decide whether to issue a permit to drill not 
     later than 30 days after the date on which the application 
     for the permit is received by the Secretary.
       ``(B) Extensions.--
       ``(i) In general.--The Secretary may extend the period 
     described in subparagraph (A) for up to 2 periods of 15 days 
     each, if the Secretary gives written notice of the delay to 
     the applicant.
       ``(ii) Notice.--The notice shall--

       ``(I) be in the form of a letter from the Secretary or a 
     designee of the Secretary; and
       ``(II) include--

       ``(aa) the names and positions of the persons processing 
     the application;
       ``(bb) the specific reasons for the delay; and
       ``(cc) a specific date on which a final decision on the 
     application is expected.
       ``(C) Notice of reasons for denial.--If the application is 
     denied, the Secretary shall provide the applicant--
       ``(i) a written notice that provides--

       ``(I) clear and comprehensive reasons why the application 
     was not accepted; and
       ``(II) detailed information concerning any deficiencies; 
     and

       ``(ii) an opportunity to remedy any deficiencies.
       ``(D) Application considered 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 for the 
     permit is received by the Secretary, the application shall be 
     considered approved unless applicable reviews under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) or the Endangered Species Act of 1973 (16 U.S.C. 1531 
     et seq.) are incomplete.
       ``(E) Denial of permit.--If the Secretary decides not to 
     issue a permit to drill under this paragraph, 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.
       ``(F) Fee.--
       ``(i) In general.--Subject to clauses (ii) and (iii) and 
     notwithstanding any other provision of 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 this 
     paragraph.
       ``(ii) Resubmitted applications.--The fee described in 
     clause (i) shall not apply to any resubmitted application.
       ``(iii) Treatment of permit processing fee.--Subject to 
     appropriation, of all fees collected under this paragraph, 50 
     percent shall be transferred to the field office where the 
     fees are collected and used to process leases, permits, and 
     appeals under this Act.''.

     SEC. 2412. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.

       Notwithstanding any other provision of law, each fiscal 
     year, of fees collected 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)), 50 percent shall be retained by the 
     Secretary of the Interior to be used, subject to 
     appropriation--
       (1) by the Bureau of Land Management to process permits, 
     right-of-way applications, and other activities necessary for 
     renewable development; and
       (2) at the option of the Secretary of the Interior, by the 
     United States Fish and Wildlife Service or other Federal 
     agencies involved in wind and solar permitting reviews to 
     facilitate the processing of wind energy and solar energy 
     permit applications on Bureau of Land Management land.

         Subtitle B--Administrative Appeal Documentation Reform

     SEC. 2421. ADMINISTRATIVE APPEAL DOCUMENTATION REFORM.

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

                    Subtitle C--Permit Streamlining

     SEC. 2431. FEDERAL ENERGY PERMIT COORDINATION.

       (a) Definitions.--In this section:
       (1) Energy projects.--The term ``energy projects'' means 
     oil, coal, natural gas, and renewable energy projects.
       (2) Project.--The term ``Project'' means the Federal Permit 
     Streamlining Project established under subsection (b).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Establishment.--The Secretary shall establish a Federal 
     Permit Streamlining Project in each Bureau of Land Management 
     field office with responsibility for issuing permits for 
     energy projects on Federal land.
       (c) 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 to carry out this section with--
       (A) the Secretary of Agriculture;
       (B) the Administrator of the Environmental Protection 
     Agency; and
       (C) the Secretary of the Army, acting through the Chief of 
     Engineers.
       (2) State participation.--The Secretary may request the 
     Governor of any State with energy projects on Federal land to 
     be a signatory to the memorandum of understanding.
       (d) 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 (c), 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 home office 
     of the employee; and
       (C) participate as part of the team of personnel working on 
     proposed energy projects, planning, and environmental 
     analyses on Federal land.
       (e) Additional Personnel.--The Secretary shall assign to 
     each Bureau of Land Management field office identified under 
     subsection (b) 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 requirements of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.).

[[Page S2654]]

       (f) Funding.--Funding for the additional personnel shall be 
     derived from the Department of the Interior reforms made by 
     sections 2411, 2412, and 2421 and the amendments made by 
     those sections.
       (g) 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.

     SEC. 2432. ADMINISTRATION OF CURRENT LAW.

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

                      Subtitle D--Judicial Review

     SEC. 2441. DEFINITIONS.

       In this title:
       (1) Covered civil action.--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 land.
       (2) Covered energy project.--
       (A) In general.--The term ``covered energy project'' means 
     the leasing of Federal land 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.
       (B) Exclusion.--The term ``covered energy project'' does 
     not include any disputes between the parties to a lease 
     regarding the obligations under the lease, including 
     regarding any alleged breach of the lease.

     SEC. 2442. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING 
                   TO COVERED ENERGY PROJECTS.

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

     SEC. 2443. TIMELY FILING.

       To ensure timely redress by the courts, a covered civil 
     action shall be filed not later than 90 days after the date 
     of the final Federal agency action to which the covered civil 
     action relates.

     SEC. 2444. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

       A court shall endeavor to hear and determine any covered 
     civil action as expeditiously as practicable.

     SEC. 2445. STANDARD OF REVIEW.

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

     SEC. 2446. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.

       (a) In General.--In a covered civil action, a court shall 
     not grant or approve any prospective relief unless the court 
     finds that the relief--
       (1) is narrowly drawn;
       (2) extends no further than necessary to correct the 
     violation of a legal requirement; and
       (3) is the least intrusive means necessary to correct the 
     violation.
       (b) Preliminary Injunctions.--
       (1) In general.--A court shall limit the duration of a 
     preliminary injunction to halt a covered energy project to 
     not more than 60 days, unless the court finds clear reasons 
     to extend the injunction.
       (2) Extensions.--Extensions under paragraph (1) shall--
       (A) only be in 30-day increments; and
       (B) require action by the court to renew the injunction.

     SEC. 2447. LIMITATION ON ATTORNEYS' FEES.

       (a) In General.--Sections 504 of title 5 and 2412 of title 
     28, United States Code (commonly known as the ``Equal Access 
     to Justice Act''), shall not apply to a covered civil action.
       (b) Attorney's Fees and Court Costs.--A party in a covered 
     civil action shall not receive payment from the Federal 
     Government for attorney's fees, expenses, or other court 
     costs.

     SEC. 2448. LEGAL STANDING.

       A challenger filing an appeal with the Interior Board of 
     Land Appeals shall meet the same standing requirements as a 
     challenger before a United States district court.

TITLE V--EXPEDITIOUS OIL AND GAS LEASING PROGRAM IN NATIONAL PETROLEUM 
                           RESERVE IN ALASKA

     SEC. 2501. SHORT TITLE.

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

     SEC. 2502. SENSE OF CONGRESS REAFFIRMING NATIONAL POLICY 
                   REGARDING NATIONAL PETROLEUM RESERVE IN ALASKA.

       It is the sense of Congress that--
       (1) the National Petroleum Reserve in the State of Alaska 
     (referred to in this title as the ``Reserve'') 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. 2503. COMPETITIVE LEASING OF OIL AND GAS.

       Section 107 of the Naval Petroleum Reserves Production Act 
     of 1976 (42 U.S.C. 6506a) is amended by striking subsection 
     (a) and inserting the following:
       ``(a) Competitive Leasing.--
       ``(1) In general.--The Secretary shall conduct an 
     expeditious program of competitive leasing of oil and gas in 
     the Reserve in accordance with this Act.
       ``(2) Inclusions.--The program under this subsection shall 
     include at least 1 lease sale annually in each area of the 
     Reserve that is most likely to produce commercial quantities 
     of oil and natural gas for each of calendar years 2013 
     through 2023.''.

     SEC. 2504. PLANNING AND PERMITTING PIPELINE AND ROAD 
                   CONSTRUCTION.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of the Interior, in consultation with the 
     Secretary of Transportation, shall facilitate and ensure 
     permits, in an environmentally responsible manner, for all 
     surface development activities, including for the 
     construction of pipelines and roads, necessary--
       (1) to develop and bring into production any areas within 
     the Reserve that are subject to oil and gas leases; and
       (2) to transport oil and gas from and through the Reserve 
     to existing transportation or processing infrastructure on 
     the North Slope of Alaska.
       (b) Timelines.--The Secretary shall ensure that any Federal 
     permitting agency shall issue permits in accordance with the 
     following timelines:
       (1) Existing leases.--Each permit for construction relating 
     to the transportation of oil and natural gas produced under 
     existing Federal oil and gas leases with respect to which the 
     Secretary of the Interior has issued a permit to drill shall 
     be approved by not later than 60 days after the date of 
     enactment of this Act.
       (2) Requested permits.--Each permit for construction for 
     transportation of oil and natural gas produced under Federal 
     oil and gas leases shall be approved by not later than 180 
     days after the date of submission to the Secretary of a 
     request for a permit to drill.
       (c) Plan.--To ensure timely future development of the 
     Reserve, not later than 270 days after the date of 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 to ensure that all leasable 
     tracts in the Reserve are located within 25 miles of an 
     approved road and pipeline right-of-way that can serve future 
     development of the Reserve.

     SEC. 2505. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     promulgate regulations to establish clear requirements to 
     ensure that the Department of the Interior is supporting 
     development of oil and gas leases in the Reserve.
       (b) Deadlines.--At a minimum, the regulations promulgated 
     pursuant to this section shall--
       (1) require the Secretary of the Interior to respond, 
     acknowledging receipt of any permit application for 
     development, by not later than 5 business days after the date 
     of receipt of the application; and
       (2) establish a timeline for the processing of each such 
     application that--
       (A) specifies deadlines for decisions and actions regarding 
     permit applications; and
       (B) provides that the period for issuing each permit after 
     the date of submission of the application shall not exceed 60 
     days, absent the concurrence of the applicant.
       (c) Actions Required for Failure To Comply With 
     Deadlines.--If the Secretary of the Interior fails to comply 
     with any deadline described in subsection (b) with respect to 
     a permit application, the Secretary shall notify the 
     applicant not less frequently than once every 5 days with 
     specific information regarding--
       (1) the reasons for the permit delay;
       (2) the name of each specific office of the Department of 
     the Interior responsible for--
       (A) issuing the permit; or
       (B) monitoring the permit delay; and
       (3) an estimate of the date on which the permit will be 
     issued.
       (d) Additional Infrastructure.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary of the 
     Interior, after consultation with the State of Alaska and 
     after providing notice and an opportunity for public comment, 
     shall approve right-of-way corridors for the construction of 
     2 separate additional bridges and pipeline rights-of-way to 
     help facilitate timely oil and gas development of the 
     Reserve.

     SEC. 2506. 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 Reserve, 
     including all conventional and unconventional oil and natural 
     gas.
       (b) Cooperation and Consultation.--The resource assessment 
     under 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 under subsection (a) 
     shall be completed by

[[Page S2655]]

     not later than 2 years after the date of enactment of this 
     Act.
       (d) Funding.--In carrying out this section, the United 
     States Geological Survey may cooperatively use resources and 
     funds provided by the State of Alaska.

     SEC. 2507. COLVILLE RIVER DELTA DESIGNATION.

       The designation by the Environmental Protection Agency of 
     the Colville River Delta as an aquatic resource of national 
     importance shall have no force or effect on this title or an 
     amendment made by this title.

        TITLE VI--INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES

     SEC. 2601. SHORT TITLE.

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

     SEC. 2602. 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 striking 
     ``Lease sales'' and inserting ``Except as provided in 
     subparagraph (C), lease sales''; and
       (2) by adding at the end the following:
       ``(C) In order to diversify and expand the United States 
     onshore leasing program to ensure the best return to Federal 
     taxpayers, to reduce fraud, and to secure the leasing 
     process, the Secretary may conduct onshore lease sales 
     through Internet-based bidding methods, each of which shall 
     be completed by not later than 7 days after the date of 
     initiation of the sale.''.
       (b) Report.--Not later than 90 days after the tenth 
     Internet-based lease sale conducted pursuant to subparagraph 
     (C) of section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 
     226(b)(1)) (as added by subsection (a)), the Secretary of the 
     Interior shall conduct, and submit to Congress a report 
     describing the results of, an analysis of the first 10 such 
     lease sales, including--
       (1) estimates of increases or decreases in the lease sales, 
     as compared to sales conducted by oral bidding, in--
       (A) the number of bidders;
       (B) the average amount of the bids;
       (C) the highest amount of the bids; and
       (D) the lowest amount of the bids;
       (2) an estimate on the total cost or savings to the 
     Department of the Interior as a result of the sales, as 
     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--
       (A) provide an opportunity to better maximize bidder 
     participation;
       (B) ensure the highest return to Federal taxpayers;
       (C) minimize opportunities for fraud or collusion; and
       (D) ensure the security and integrity of the leasing 
     process.

             TITLE VII--ADVANCING OFFSHORE WIND PRODUCTION

     SEC. 2701. SHORT TITLE.

       This title may be cited at the ``Advancing Offshore Wind 
     Production Act''.

     SEC. 2702. OFFSHORE METEOROLOGICAL SITE TESTING AND 
                   MONITORING PROJECTS.

       (a) Definition of 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 (as defined in section 2 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1331)) and 
     administered by the Department of the Interior to test or 
     monitor weather (including energy provided by weather, such 
     as 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 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 
     require, by regulation, that any applicant seeking to conduct 
     an offshore meteorological site testing and monitoring 
     project shall 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 by not 
     later than 30 days after the date of receipt of a relevant 
     application.
       (B) Public comment and consultation.--During the 30-day 
     period referred to in subparagraph (A) with respect to an 
     application for a permit and right-of-way under this 
     subsection, the Secretary shall--
       (i) provide an opportunity for submission of comments 
     regarding the application 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 the issuance of 
     the permit and right-of-way.
       (C) Denial of permit; opportunity to remedy deficiencies.--
     If an application is denied under this subsection, the 
     Secretary shall provide to the applicant--
       (i) in writing--

       (I) a list of clear and comprehensive reasons why the 
     application was denied; and
       (II) detailed information concerning any deficiencies in 
     the application; and

       (ii) an opportunity to remedy those 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.--Any information provided to 
     the Secretary of the Interior under subsection (a)(3) shall 
     be--
       (1) treated by the Secretary as proprietary information; 
     and
       (2) protected against disclosure.

                     TITLE VIII--CRITICAL MINERALS

     SEC. 2801. DEFINITIONS.

       In this title:
       (1) Applicable committees.--The term ``applicable 
     committees'' means--
       (A) the Committee on Energy and Natural Resources of the 
     Senate;
       (B) the Committee on Natural Resources of the House of 
     Representatives;
       (C) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (D) the Committee on Science, Space, and Technology of the 
     House of Representatives.
       (2) Clean energy technology.--The term ``clean energy 
     technology'' means a technology related to the production, 
     use, transmission, storage, control, or conservation of 
     energy that--
       (A) reduces the need for additional energy supplies by 
     using existing energy supplies with greater efficiency or by 
     transmitting, distributing, storing, or transporting energy 
     with greater effectiveness in or through the infrastructure 
     of the United States;
       (B) diversifies the sources of energy supply of the United 
     States to strengthen energy security and to increase supplies 
     with a favorable balance of environmental effects if the 
     entire technology system is considered; or
       (C) contributes to a stabilization of atmospheric 
     greenhouse gas concentrations through reduction, avoidance, 
     or sequestration of energy-related greenhouse gas emissions.
       (3) Critical mineral.--
       (A) In general.--The term ``critical mineral'' means any 
     mineral designated as a critical mineral pursuant to section 
     2802.
       (B) Exclusions.--The term ``critical mineral'' does not 
     include coal, oil, natural gas, or any other fossil fuels.
       (4) Critical mineral manufacturing.--The term ``critical 
     mineral manufacturing'' means--
       (A) the production, processing, refining, alloying, 
     separation, concentration, magnetic sintering, melting, or 
     beneficiation of critical minerals within the United States;
       (B) the fabrication, assembly, or production, within the 
     United States, of clean energy technologies (including 
     technologies related to wind, solar, and geothermal energy, 
     efficient lighting, electrical superconducting materials, 
     permanent magnet motors, batteries, and other energy storage 
     devices), military equipment, and consumer electronics, or 
     components necessary for applications; or
       (C) any other value-added, manufacturing-related use of 
     critical minerals undertaken within the United States.
       (5) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (6) Military equipment.--The term ``military equipment'' 
     means equipment used directly by the Armed Forces to carry 
     out military operations.
       (7) Rare earth element.--
       (A) In general.--The term ``rare earth element'' means the 
     chemical elements in the periodic table from lanthanum 
     (atomic number 57) up to and including lutetium (atomic 
     number 71).
       (B) Inclusions.--The term ``rare earth element'' includes 
     the similar chemical elements yttrium (atomic number 39) and 
     scandium (atomic number 21).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior--
       (A) acting through the Director of the United States 
     Geological Survey; and
       (B) in consultation with (as appropriate)--
       (i) the Secretary of Energy;
       (ii) the Secretary of Defense;
       (iii) the Secretary of Commerce;
       (iv) the Secretary of State;
       (v) the Secretary of Agriculture;
       (vi) the United States Trade Representative; and
       (vii) the heads of other applicable Federal agencies.
       (9) State.--The term ``State'' means--
       (A) a State;
       (B) the Commonwealth of Puerto Rico; and
       (C) any other territory or possession of the United States.

[[Page S2656]]

       (10) Value-added.--The term ``value-added'' means, with 
     respect to an activity, an activity that changes the form, 
     fit, or function of a product, service, raw material, or 
     physical good so that the resultant market price is greater 
     than the cost of making the changes.
       (11) Working group.--The term ``Working Group'' means the 
     Critical Minerals Working Group established under section 
     2805(a).

     SEC. 2802. DESIGNATIONS.

       (a) Draft Methodology.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary shall publish in 
     the Federal Register for public comment a draft methodology 
     for determining which minerals qualify as critical minerals 
     based on an assessment of whether the minerals are--
       (1) subject to potential supply restrictions (including 
     restrictions associated with foreign political risk, abrupt 
     demand growth, military conflict, and anti-competitive or 
     protectionist behaviors); and
       (2) important in use (including clean energy technology-, 
     defense-, agriculture-, and health care-related 
     applications).
       (b) Availability of Data.--If available data is 
     insufficient to provide a quantitative basis for the 
     methodology developed under this section, qualitative 
     evidence may be used.
       (c) Final Methodology.--After reviewing public comments on 
     the draft methodology under subsection (a) and updating the 
     draft methodology as appropriate, the Secretary shall enter 
     into an arrangement with the National Academy of Sciences and 
     the National Academy of Engineering to obtain, not later than 
     120 days after the date of enactment of this Act--
       (1) a review of the methodology; and
       (2) recommendations for improving the methodology.
       (d) Final Methodology.--After reviewing the recommendations 
     under subsection (c), not later than 150 days after the date 
     of enactment of this Act, the Secretary shall publish in the 
     Federal Register a description of the final methodology for 
     determining which minerals qualify as critical minerals.
       (e) Designations.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall publish in the 
     Federal Register a list of minerals designated as critical, 
     pursuant to the final methodology under subsection (d), for 
     purposes of carrying out this title.
       (f) Subsequent Review.--The methodology and designations 
     developed under subsections (d) and (e) shall be updated at 
     least every 5 years, or in more regular intervals if 
     considered appropriate by the Secretary.
       (g) Notice.--On finalization of the methodology under 
     subsection (d), the list under subsection (e), or any update 
     to the list under subsection (f), the Secretary shall submit 
     to the applicable committees written notice of the action.

     SEC. 2803. POLICY.

       (a) Policy.--It is the policy of the United States to 
     promote an adequate, reliable, domestic, and stable supply of 
     critical minerals, produced in an environmentally responsible 
     manner, in order to strengthen and sustain the economic 
     security, and the manufacturing, industrial, energy, 
     technological, and competitive stature, of the United States.
       (b) Coordination.--The President, acting through the 
     Executive Office of the President, shall coordinate the 
     actions of Federal agencies under this and other Acts--
       (1) to encourage Federal agencies to facilitate the 
     availability, development, and environmentally responsible 
     production of domestic resources to meet national critical 
     minerals needs;
       (2) to minimize duplication, needless paperwork, and delays 
     in the administration of applicable laws (including 
     regulations) and the issuance of permits and authorizations 
     necessary to explore for, develop, and produce critical 
     minerals and to construct and operate critical mineral 
     manufacturing facilities in an environmentally responsible 
     manner;
       (3) to promote the development of economically stable and 
     environmentally responsible domestic critical mineral 
     production and manufacturing;
       (4) to establish an analytical and forecasting capability 
     for identifying critical mineral demand, supply, and other 
     market dynamics relevant to policy formulation so that 
     informed actions may be taken to avoid supply shortages, 
     mitigate price volatility, and prepare for demand growth and 
     other market shifts;
       (5) to strengthen educational and research capabilities and 
     workforce training;
       (6) to bolster international cooperation through technology 
     transfer, information sharing, and other means;
       (7) to promote the efficient production, use, and recycling 
     of critical minerals;
       (8) to develop alternatives to critical minerals; and
       (9) to establish contingencies for the production of, or 
     access to, critical minerals for which viable sources do not 
     exist within the United States.

     SEC. 2804. RESOURCE ASSESSMENT.

       (a) In General.--Not later than 4 years after the date of 
     enactment of this Act, in consultation with applicable State 
     (including geological surveys), local, academic, industry, 
     and other entities, the Secretary shall complete a 
     comprehensive national assessment of each critical mineral 
     that--
       (1) identifies and quantifies known critical mineral 
     resources, using all available public and private information 
     and datasets, including exploration histories;
       (2) estimates the cost of production of the critical 
     mineral resources identified and quantified under this 
     section, using all available public and private information 
     and datasets, including exploration histories;
       (3) provides a quantitative and qualitative assessment of 
     undiscovered critical mineral resources throughout the United 
     States, including probability estimates of tonnage and grade, 
     using all available public and private information and 
     datasets, including exploration histories;
       (4) provides qualitative information on the environmental 
     attributes of the critical mineral resources identified under 
     this section; and
       (5) pays particular attention to the identification and 
     quantification of critical mineral resources on Federal land 
     that is open to location and entry for exploration, 
     development, and other uses.
       (b) Field Work.--If existing information and datasets prove 
     insufficient to complete the assessment under this section 
     and there is no reasonable opportunity to obtain the 
     information and datasets from nongovernmental entities, the 
     Secretary may carry out field work (including drilling, 
     remote sensing, geophysical surveys, geological mapping, and 
     geochemical sampling and analysis) to supplement existing 
     information and datasets available for determining the 
     existence of critical minerals on--
       (1) Federal land that is open to location and entry for 
     exploration, development, and other uses;
       (2) tribal land, at the request and with the written 
     permission of the Indian tribe with jurisdiction over the 
     land; and
       (3) State land, at the request and with the written 
     permission of the Governor of the State.
       (c) Technical Assistance.--At the request of the Governor 
     of a State or an Indian tribe, the Secretary may provide 
     technical assistance to State governments and Indian tribes 
     conducting critical mineral resource assessments on non-
     Federal land.
       (d) Financial Assistance.--The Secretary may make grants to 
     State governments, or Indian tribes and economic development 
     entities of Indian tribes, to cover the costs associated with 
     assessments of critical mineral resources on State or tribal 
     land, as applicable.
       (e) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     applicable committees a report describing the results of the 
     assessment conducted under this section.
       (f) Prioritization.--
       (1) In general.--The Secretary may sequence the completion 
     of resource assessments for each critical mineral such that 
     critical materials considered to be most critical under the 
     methodology established pursuant to section 2802 are 
     completed first.
       (2) Reporting.--If the Secretary sequences the completion 
     of resource assessments for each critical material, the 
     Secretary shall submit a report under subsection (e) on an 
     iterative basis over the 4-year period beginning on the date 
     of enactment of this Act.
       (g) Updates.--The Secretary shall periodically update the 
     assessment conducted under this section based on--
       (1) the generation of new information or datasets by the 
     Federal Government; or
       (2) the receipt of new information or datasets from 
     critical mineral producers, State geological surveys, 
     academic institutions, trade associations, or other entities 
     or individuals.

     SEC. 2805. PERMITTING.

       (a) Critical Minerals Working Group.--
       (1) In general.--There is established within the Department 
     of the Interior a working group to be known as the ``Critical 
     Minerals Working Group'', which shall report to the President 
     and the applicable committees through the Secretary.
       (2) Composition.--The Working Group shall be composed of 
     the following:
       (A) The Secretary of the Interior (or a designee), who 
     shall serve as chair of the Working Group.
       (B) A Presidential designee from the Executive Office of 
     the President, who shall serve as vice-chair of the Working 
     Group.
       (C) The Secretary of Energy (or a designee).
       (D) The Secretary of Agriculture (or a designee).
       (E) The Secretary of Defense (or a designee).
       (F) The Secretary of Commerce (or a designee).
       (G) The Secretary of State (or a designee).
       (H) The United States Trade Representative (or a designee).
       (I) The Administrator of the Environmental Protection 
     Agency (or a designee).
       (J) The Chief of Engineers of the Corps of Engineers (or a 
     designee).
       (b) Consultation.--The Working Group shall operate in 
     consultation with private sector, academic, and other 
     applicable stakeholders with experience related to--
       (1) critical minerals exploration;
       (2) critical minerals permitting;
       (3) critical minerals production; and
       (4) critical minerals manufacturing.
       (c) Duties.--The Working Group shall--
       (1) facilitate Federal agency efforts to optimize 
     efficiencies associated with the permitting of activities 
     that will increase exploration and development of domestic 
     critical minerals, while maintaining environmental standards;

[[Page S2657]]

       (2) facilitate Federal agency review of laws (including 
     regulations) and policies that discourage investment in 
     exploration and development of domestic critical minerals;
       (3) assess whether Federal policies adversely impact the 
     global competitiveness of the domestic critical minerals 
     exploration and development sector (including taxes, fees, 
     regulatory burdens, and access restrictions);
       (4) evaluate the sufficiency of existing mechanisms for the 
     provision of tenure on Federal land and the role of the 
     mechanisms in attracting capital investment for the 
     exploration and development of domestic critical minerals; 
     and
       (5) generate such other information and take such other 
     actions as the Working Group considers appropriate to achieve 
     the policy described in section 2803(a).
       (d) Report.--Not later than 300 days after the date of 
     enactment of this Act, the Working Group shall submit to the 
     applicable committees a report that--
       (1) describes the results of actions taken under subsection 
     (c);
       (2) evaluates the amount of time typically required 
     (including the range derived from minimum and maximum 
     durations, mean, median, variance, and other statistical 
     measures or representations) to complete each step (including 
     those aspects outside the control of the executive branch of 
     the Federal Government, such as judicial review, applicant 
     decisions, or State and local government involvement) 
     associated with the processing of applications, operating 
     plans, leases, licenses, permits, and other use 
     authorizations for critical mineral-related activities on 
     Federal land, which shall serve as a baseline for the 
     performance metric developed and finalized under subsections 
     (e) and (f), respectively;
       (3) identifies measures (including regulatory changes and 
     legislative proposals) that would optimize efficiencies, 
     while maintaining environmental standards, associated with 
     the permitting of activities that will increase exploration 
     and development of domestic critical minerals; and
       (4) identifies options (including cost recovery paid by 
     applicants) for ensuring adequate staffing of divisions, 
     field offices, or other entities responsible for the 
     consideration of applications, operating plans, leases, 
     licenses, permits, and other use authorizations for critical 
     mineral-related activities on Federal land.
       (e) Draft Performance Metric.--Not later than 330 days 
     after the date of enactment of this Act, and on completion of 
     the report required under subsection (d), the Working Group 
     shall publish in the Federal Register for public comment a 
     draft description of a performance metric for evaluating the 
     progress made by the executive branch of the Federal 
     Government on matters within the control of that branch 
     towards optimizing efficiencies, while maintaining 
     environmental standards, associated with the permitting of 
     activities that will increase exploration and development of 
     domestic critical minerals.
       (f) Final Performance Metric.--Not later than 1 year after 
     the date of enactment of this Act, and after consideration of 
     any public comments received under subsection (e), the 
     Working Group shall publish in the Federal Register a 
     description of the final performance metric.
       (g) Annual Report.--Not later than 2 years after the date 
     of enactment of this Act and annually thereafter, using the 
     final performance metric under subsection (f), the Working 
     Group shall submit to the applicable committees, as part of 
     the budget request of the Department of the Interior for each 
     fiscal year, each report that--
       (1) describes the progress made by the executive branch of 
     the Federal Government on matters within the control of that 
     branch towards optimizing efficiencies, while maintaining 
     environmental standards, associated with the permitting of 
     activities that will increase exploration and development of 
     domestic critical minerals; and
       (2) compares the United States to other countries in terms 
     of permitting efficiency, environmental standards, and other 
     criteria relevant to a globally competitive economic sector.
       (h) Report of Small Business Administration.--Not later 
     than 300 days after the date of enactment of this Act, the 
     Administrator of the Small Business Administration shall 
     submit to the applicable committees a report that assesses 
     the performance of Federal agencies in--
       (1) complying with chapter 6 of title 5, United States Code 
     (commonly known as the ``Regulatory Flexibility Act''), in 
     promulgating regulations applicable to the critical minerals 
     industry; and
       (2) performing an analysis of regulations applicable to the 
     critical minerals industry that may be outmoded, inefficient, 
     duplicative, or excessively burdensome.
       (i) Judicial Review.--
       (1) In general.--Nothing in this section affects any 
     judicial review of an agency action under any other provision 
     of law.
       (2) Construction.--This section--
       (A) is intended to improve the internal management of the 
     Federal Government; and
       (B) does not create any right or benefit, substantive or 
     procedural, enforceable at law or equity by a party against 
     the United States (including an agency, instrumentality, 
     officer, or employee) or any other person.

     SEC. 2806. RECYCLING AND ALTERNATIVES.

       (a) Establishment.--The Secretary of Energy shall conduct a 
     program of research and development to promote the efficient 
     production, use, and recycling of, and alternatives to, 
     critical minerals.
       (b) Cooperation.--In carrying out the program, the 
     Secretary of Energy shall cooperate with appropriate--
       (1) Federal agencies and National Laboratories;
       (2) critical mineral producers;
       (3) critical mineral manufacturers;
       (4) trade associations;
       (5) academic institutions;
       (6) small businesses; and
       (7) other relevant entities or individuals.
       (c) Activities.--Under the program, the Secretary of Energy 
     shall carry out activities that include the identification 
     and development of--
       (1) advanced critical mineral production or processing 
     technologies that decrease the environmental impact, and 
     costs of production, of such activities;
       (2) techniques and practices that minimize or lead to more 
     efficient use of critical minerals;
       (3) techniques and practices that facilitate the recycling 
     of critical minerals, including options for improving the 
     rates of collection of post-consumer products containing 
     critical minerals;
       (4) commercial markets, advanced storage methods, energy 
     applications, and other beneficial uses of critical minerals 
     processing byproducts; and
       (5) alternative minerals, metals, and materials, 
     particularly those available in abundance within the United 
     States and not subject to potential supply restrictions, that 
     lessen the need for critical minerals.
       (d) Report.--Not later than 2 years after the date of 
     enactment of this Act and every 5 years thereafter, the 
     Secretaries shall submit to the applicable committees a 
     report summarizing the activities, findings, and progress of 
     the program.

     SEC. 2807. ANALYSIS AND FORECASTING.

       (a) Capabilities.--In order to evaluate existing critical 
     mineral policies and inform future actions that may be taken 
     to avoid supply shortages, mitigate price volatility, and 
     prepare for demand growth and other market shifts, the 
     Secretary, in consultation with academic institutions, the 
     Energy Information Administration, and others in order to 
     maximize the application of existing competencies related to 
     developing and maintaining computer-models and similar 
     analytical tools, shall conduct and publish the results of an 
     annual report that includes--
       (1) as part of the annually published Mineral Commodity 
     Summaries from the United States Geological Survey, a 
     comprehensive review of critical mineral production, 
     consumption, and recycling patterns, including--
       (A) the quantity of each critical mineral domestically 
     produced during the preceding year;
       (B) the quantity of each critical mineral domestically 
     consumed during the preceding year;
       (C) market price data for each critical mineral;
       (D) an assessment of--
       (i) critical mineral requirements to meet the national 
     security, energy, economic, industrial, technological, and 
     other needs of the United States during the preceding year;
       (ii) the reliance of the United States on foreign sources 
     to meet those needs during the preceding year; and
       (iii) the implications of any supply shortages, 
     restrictions, or disruptions during the preceding year;
       (E) the quantity of each critical mineral domestically 
     recycled during the preceding year;
       (F) the market penetration during the preceding year of 
     alternatives to each critical mineral;
       (G) a discussion of applicable international trends 
     associated with the discovery, production, consumption, use, 
     costs of production, prices, and recycling of each critical 
     mineral as well as the development of alternatives to 
     critical minerals; and
       (H) such other data, analyses, and evaluations as the 
     Secretary finds are necessary to achieve the purposes of this 
     section; and
       (2) a comprehensive forecast, entitled the ``Annual 
     Critical Minerals Outlook'', of projected critical mineral 
     production, consumption, and recycling patterns, including--
       (A) the quantity of each critical mineral projected to be 
     domestically produced over the subsequent 1-year, 5-year, and 
     10-year periods;
       (B) the quantity of each critical mineral projected to be 
     domestically consumed over the subsequent 1-year, 5-year, and 
     10-year periods;
       (C) market price projections for each critical mineral, to 
     the maximum extent practicable and based on the best 
     available information;
       (D) an assessment of--
       (i) critical mineral requirements to meet projected 
     national security, energy, economic, industrial, 
     technological, and other needs of the United States;
       (ii) the projected reliance of the United States on foreign 
     sources to meet those needs; and
       (iii) the projected implications of potential supply 
     shortages, restrictions, or disruptions;
       (E) the quantity of each critical mineral projected to be 
     domestically recycled over

[[Page S2658]]

     the subsequent 1-year, 5-year, and 10-year periods;
       (F) the market penetration of alternatives to each critical 
     mineral projected to take place over the subsequent 1-year, 
     5-year, and 10-year periods;
       (G) a discussion of reasonably foreseeable international 
     trends associated with the discovery, production, 
     consumption, use, costs of production, prices, and recycling 
     of each critical mineral as well as the development of 
     alternatives to critical minerals; and
       (H) such other projections relating to each critical 
     mineral as the Secretary determines to be necessary to 
     achieve the purposes of this section.
       (b) Proprietary Information.--In preparing a report 
     described in subsection (a), the Secretary shall ensure 
     that--
       (1) no person uses the information and data collected for 
     the report for a purpose other than the development of or 
     reporting of aggregate data in a manner such that the 
     identity of the person who supplied the information is not 
     discernible and is not material to the intended uses of the 
     information;
       (2) no person discloses any information or data collected 
     for the report unless the information or data has been 
     transformed into a statistical or aggregate form that does 
     not allow the identification of the person who supplied 
     particular information; and
       (3) procedures are established to require the withholding 
     of any information or data collected for the report if the 
     Secretary determines that withholding is necessary to protect 
     proprietary information, including any trade secrets or other 
     confidential information.

     SEC. 2808. EDUCATION AND WORKFORCE.

       (a) Workforce Assessment.--Not later than 300 days after 
     the date of enactment of this Act, the Secretary of Labor (in 
     consultation with the Secretary of the Interior, the Director 
     of the National Science Foundation, and employers in the 
     critical minerals sector) shall submit to Congress an 
     assessment of the domestic availability of technically 
     trained personnel necessary for critical mineral assessment, 
     production, manufacturing, recycling, analysis, forecasting, 
     education, and research, including an analysis of--
       (1) skills that are in the shortest supply as of the date 
     of the assessment;
       (2) skills that are projected to be in short supply in the 
     future;
       (3) the demographics of the critical minerals industry and 
     how the demographics will evolve under the influence of 
     factors such as an aging workforce;
       (4) the effectiveness of training and education programs in 
     addressing skills shortages;
       (5) opportunities to hire locally for new and existing 
     critical mineral activities;
       (6) the sufficiency of personnel within relevant areas of 
     the Federal Government for achieving the policy described in 
     section 2803(a); and
       (7) the potential need for new training programs to have a 
     measurable effect on the supply of trained workers in the 
     critical minerals industry.
       (b) Curriculum Study.--
       (1) In general.--The Secretary and the Secretary of Labor 
     shall jointly enter into an arrangement with the National 
     Academy of Sciences and the National Academy of Engineering 
     under which the Academies shall coordinate with the National 
     Science Foundation on conducting a study--
       (A) to design an interdisciplinary program on critical 
     minerals that will support the critical mineral supply chain 
     and improve the ability of the United States to increase 
     domestic, critical mineral exploration, development, and 
     manufacturing;
       (B) to address undergraduate and graduate education, 
     especially to assist in the development of graduate level 
     programs of research and instruction that lead to advanced 
     degrees with an emphasis on the critical mineral supply chain 
     or other positions that will increase domestic, critical 
     mineral exploration, development, and manufacturing;
       (C) to develop guidelines for proposals from institutions 
     of higher education with substantial capabilities in the 
     required disciplines to improve the critical mineral supply 
     chain and advance the capacity of the United States to 
     increase domestic, critical mineral exploration, development, 
     and manufacturing; and
       (D) to outline criteria for evaluating performance and 
     recommendations for the amount of funding that will be 
     necessary to establish and carry out the grant program 
     described in subsection (c).
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a description of the results of the study required under 
     paragraph (1).
       (c) Grant Program.--
       (1) Establishment.--The Secretary and the National Science 
     Foundation shall jointly conduct a competitive grant program 
     under which institutions of higher education may apply for 
     and receive 4-year grants for--
       (A) startup costs for newly designated faculty positions in 
     integrated critical mineral education, research, innovation, 
     training, and workforce development programs consistent with 
     subsection (b);
       (B) internships, scholarships, and fellowships for students 
     enrolled in critical mineral programs; and
       (C) equipment necessary for integrated critical mineral 
     innovation, training, and workforce development programs.
       (2) Renewal.--A grant under this subsection shall be 
     renewable for up to 2 additional 3-year terms based on 
     performance criteria outlined under subsection (b)(1)(D).

     SEC. 2809. INTERNATIONAL COOPERATION.

       (a) Establishment.--The Secretary of State, in coordination 
     with the Secretary, shall carry out a program to promote 
     international cooperation on critical mineral supply chain 
     issues with allies of the United States.
       (b) Activities.--Under the program, the Secretary of State 
     may work with allies of the United States--
       (1) to increase the global, responsible production of 
     critical minerals, if a determination is made by the 
     Secretary of State that there is no viable production 
     capacity for the critical minerals within the United States;
       (2) to improve the efficiency and environmental performance 
     of extraction techniques;
       (3) to increase the recycling of, and deployment of 
     alternatives to, critical minerals;
       (4) to assist in the development and transfer of critical 
     mineral extraction, processing, and manufacturing 
     technologies that would have a beneficial impact on world 
     commodity markets and the environment;
       (5) to strengthen and maintain intellectual property 
     protections; and
       (6) to facilitate the collection of information necessary 
     for analyses and forecasts conducted pursuant to section 
     2807.

     SEC. 2810. REPEAL, AUTHORIZATION, AND OFFSET.

       (a) Repeal.--
       (1) In general.--The National Critical Materials Act of 
     1984 (30 U.S.C. 1801 et seq.) is repealed.
       (2) Conforming amendment.--Section 3(d) of the National 
     Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 
     5202(d)) is amended in the first sentence by striking ``, 
     with the assistance of the National Critical Materials 
     Council as specified in the National Critical Materials Act 
     of 1984 (30 U.S.C. 1801 et seq.),''.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this title and the amendments 
     made by this title $30,000,000.
       (c) Authorization Offset.--Section 207(c) of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17022(c)) is 
     amended by inserting before the period at the end the 
     following: ``, except that the amount authorized to be 
     appropriated to carry out this section not appropriated as of 
     the date of enactment of the Domestic Energy and Jobs Act 
     shall be reduced by $30,000,000''.

                        TITLE IX--MISCELLANEOUS

     SEC. 2901. LIMITATION ON TRANSFER OF FUNCTIONS UNDER THE 
                   SOLID MINERALS LEASING PROGRAM.

       The Secretary of the Interior may not transfer to the 
     Office of Surface Mining Reclamation and Enforcement any 
     responsibility or authority to perform any function performed 
     on the day before the date of enactment of this Act under the 
     solid minerals leasing program of the Department of the 
     Interior, including--
       (1) any function under--
       (A) sections 2318 through 2352 of the Revised Statutes 
     (commonly known as the ``Mining Law of 1872'') (30 U.S.C. 21 
     et seq.);
       (B) the Act of July 31, 1947 (commonly known as the 
     ``Materials Act of 1947'') (30 U.S.C. 601 et seq.);
       (C) the Mineral Leasing Act (30 U.S.C. 181 et seq.); or
       (D) the Mineral Leasing Act for Acquired Lands (30 U.S.C. 
     351 et seq.);
       (2) any function relating to management of mineral 
     development on Federal land and acquired land under section 
     302 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1732); and
       (3) any function performed under the mining law 
     administration program of the Bureau of Land Management.

     SEC. 2902. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL 
                   SHELF REVENUES.

       Section 105(f)(1) of the Gulf of Mexico Energy Security Act 
     of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended 
     by striking ``2055'' and inserting ``2025, and shall not 
     exceed $750,000,000 for each of fiscal years 2026 through 
     2055''.

     SEC. 2903. LEASE SALE 220 AND OTHER LEASE SALES OFF THE COAST 
                   OF VIRGINIA.

       (a) Inclusion in Leasing Programs.--The Secretary of the 
     Interior shall--
       (1) as soon as practicable after, but not later than 10 
     days after, the date of enactment of this Act, revise the 
     proposed outer Continental Shelf oil and gas leasing program 
     for the 2012-2017 period to include in the program Lease Sale 
     220 off the coast of Virginia; and
       (2) include the outer Continental Shelf off the coast of 
     Virginia in the leasing program for each 5-year period after 
     the 2012-2017 period.
       (b) Conduct of Lease Sale.--As soon as practicable, but not 
     later than 1 year, after the date of enactment of this Act, 
     the Secretary of the Interior shall carry out under section 8 
     of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) 
     Lease Sale 220.
       (c) Balancing Military and Energy Production Goals.--
       (1) Joint goals.--In recognition that the outer Continental 
     Shelf oil and gas leasing program and the domestic energy 
     resources produced under that program are integral to 
     national security, the Secretary of the Interior and the 
     Secretary of Defense shall work jointly in implementing this 
     section--

[[Page S2659]]

       (A) to preserve the ability of the Armed Forces to maintain 
     an optimum state of readiness through their continued use of 
     energy resources of the outer Continental Shelf; and
       (B) to allow effective exploration, development, and 
     production of the oil, gas, and renewable energy resources of 
     the United States.
       (2) Prohibition on conflicts with military operations.--No 
     person may engage in any exploration, development, or 
     production of oil or natural gas off the coast of Virginia 
     that would conflict with any military operation, as 
     determined in accordance with--
       (A) the agreement entitled ``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
       (B) any revision to, or replacement of, the agreement 
     described in subparagraph (A) that is agreed to by the 
     Secretary of Defense and the Secretary of the Interior after 
     July 20, 1983, but before the date of issuance of the lease 
     under which the exploration, development, or production is 
     conducted.
       (3) National defense areas.--The United States reserves the 
     right to designate by and through the Secretary of Defense, 
     with the approval of the President, national defense areas on 
     the outer Continental Shelf under section 12(d) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1341(d)).

     SEC. 2904. LIMITATION ON AUTHORITY TO ISSUE REGULATIONS 
                   MODIFYING THE STREAM ZONE BUFFER RULE.

       The Secretary of the Interior may not, before December 31, 
     2013, issue a regulation modifying the final rule entitled 
     ``Excess Spoil, Coal Mine Waste, and Buffers for Perennial 
     and Intermittent Streams'' (73 Fed. Reg. 75814 (December 12, 
     2008)).
                                 ______
                                 
  SA 2976. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

                DIVISION _--AMERICAN ENERGY RENAISSANCE

     SEC. 2001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``American Energy Renaissance Act of 2014''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:
Sec. 2001. Short title; table of contents.

               TITLE I--EXPANDING AMERICAN ENERGY EXPORTS

Sec. 2101. Finding.
Sec. 2102. Natural gas exports.
Sec. 2103. Crude oil exports.
Sec. 2104. Coal exports.

        TITLE II--IMPROVING NORTH AMERICAN ENERGY INFRASTRUCTURE

            Subtitle A--North American Energy Infrastructure

Sec. 2201. Finding.
Sec. 2202. Definitions.
Sec. 2203. Authorization of certain energy infrastructure projects at 
              the national boundary of the United States.
Sec. 2204. Transmission of electric energy to Canada and Mexico.
Sec. 2205. Effective date; rulemaking deadlines.

                Subtitle B--Keystone XL Permit Approval

Sec. 2211. Findings.
Sec. 2212. Keystone XL permit approval.

               TITLE III--OUTER CONTINENTAL SHELF LEASING

Sec. 3001. Finding.
Sec. 3002. Extension of leasing program.
Sec. 3003. Lease sales.
Sec. 3004. Applications for permits to drill.
Sec. 3005. Lease sales for certain areas.

            TITLE IV--UTILIZING AMERICA'S ONSHORE RESOURCES

Sec. 4001. Findings.
Sec. 4002. State option for energy development.

                Subtitle A--Energy Development by States

Sec. 4011. Definitions.
Sec. 4012. State programs.
Sec. 4013. Leasing, permitting, and regulatory programs.
Sec. 4014. Judicial review.
Sec. 4015. Administrative Procedure Act.

          Subtitle B--Onshore Oil and Gas Permit Streamlining

                 PART I--Oil and Gas Leasing Certainty

Sec. 4021. Minimum acreage requirement for onshore lease sales.
Sec. 4022. Leasing certainty.
Sec. 4023. Leasing consistency.
Sec. 4024. Reduce redundant policies.
Sec. 4025. Streamlined congressional notification.

        PART II--Application for Permits to Drill Process Reform

Sec. 4031. Permit to drill application timeline.
Sec. 4032. Administrative protest documentation reform.
Sec. 4033. Improved Federal energy permit coordination.
Sec. 4034. Administration.

                          PART III--Oil Shale

Sec. 4041. Effectiveness of oil shale regulations, amendments to 
              resource management plans, and record of decision.
Sec. 4042. Oil shale leasing.

          PART IV--National Petroleum Reserve in Alaska Access

Sec. 4051. Sense of Congress and reaffirming national policy for the 
              National Petroleum Reserve in Alaska.
Sec. 4052. National Petroleum Reserve in Alaska: lease sales.
Sec. 4053. National Petroleum Reserve in Alaska: planning and 
              permitting pipeline and road construction.
Sec. 4054. Issuance of a new integrated activity plan and environmental 
              impact statement.
Sec. 4055. Departmental accountability for development.
Sec. 4056. Deadlines under new proposed integrated activity plan.
Sec. 4057. Updated resource assessment.

                    PART V--Miscellaneous Provisions

Sec. 4061. Sanctions.
Sec. 4062. Internet-based onshore oil and gas lease sales.

                        PART VI--Judicial Review

Sec. 4071. Definitions.
Sec. 4072. Exclusive venue for certain civil actions relating to 
              covered energy projects.
Sec. 4073. Timely filing.
Sec. 4074. Expedition in hearing and determining the action.
Sec. 4075. Limitation on injunction and prospective relief.
Sec. 4076. Limitation on attorneys' fees and court costs.
Sec. 4077. Legal standing.

                 TITLE V--ADDITIONAL ONSHORE RESOURCES

       Subtitle A--Leasing Program for Land Within Coastal Plain

Sec. 5001. Finding.
Sec. 5002. Definitions.
Sec. 5003. Leasing program for land on the Coastal Plain.
Sec. 5004. Lease sales.
Sec. 5005. Grant of leases by the Secretary.
Sec. 5006. Lease terms and conditions.
Sec. 5007. Coastal Plain environmental protection.
Sec. 5008. Expedited judicial review.
Sec. 5009. Treatment of revenues.
Sec. 5010. Rights-of-way across the Coastal Plain.
Sec. 5011. Conveyance.

                   Subtitle B--Native American Energy

Sec. 5021. Findings.
Sec. 5022. Appraisals.
Sec. 5023. Standardization.
Sec. 5024. Environmental reviews of major Federal actions on Indian 
              land.
Sec. 5025. Judicial review.
Sec. 5026. Tribal resource management plans.
Sec. 5027. Leases of restricted lands for the Navajo Nation.
Sec. 5028. Nonapplicability of certain rules.

              Subtitle C--Additional Regulatory Provisions

           PART I--State Authority Over Hydraulic Fracturing

Sec. 5031. Finding.
Sec. 5032. State authority.

                   PART II--Miscellaneous Provisions

Sec. 5041. Environmental legal fees.
Sec. 5042. Master leasing plans.

        TITLE VI--IMPROVING AMERICA'S DOMESTIC REFINING CAPACITY

                 Subtitle A--Refinery Permitting Reform

Sec. 6001. Finding.
Sec. 6002. Definitions.
Sec. 6003. Streamlining of refinery permitting process.

             Subtitle B--Repeal of Renewable Fuel Standard

Sec. 6011. Findings.
Sec. 6012. Phase out of renewable fuel standard.

                   TITLE VII--STOPPING EPA OVERREACH

Sec. 7001. Findings.
Sec. 7002. Clarification of Federal regulatory authority to exclude 
              greenhouse gases from regulation under the Clean Air Act.
Sec. 7003. Jobs analysis for all EPA regulations.

                     TITLE VIII--DEBT FREEDOM FUND

Sec. 8001. Findings.
Sec. 8002. Debt freedom fund.

               TITLE I--EXPANDING AMERICAN ENERGY EXPORTS

     SEC. 2101. FINDING.

       Congress finds that opening up energy exports will 
     contribute to economic development, private sector job 
     growth, and continued growth in American energy production.

     SEC. 2102. NATURAL GAS EXPORTS.

       (a) Finding.--Congress finds that expanding natural gas 
     exports will lead to increased investment and development of 
     domestic supplies of natural gas that will contribute to job 
     growth and economic development.
       (b) Natural Gas Exports.--Section 3(c) of the Natural Gas 
     Act (15 U.S.C. 717b(c)) is amended--
       (1) by inserting ``or any other nation not excluded by this 
     section'' after ``trade in natural gas'';
       (2) by striking ``(c) For purposes'' and inserting the 
     following:
       ``(c) Expedited Application and Approval Process.--
       ``(1) In general.--For purposes''; and
       (3) by adding at the end the following:
       ``(2) Exclusions.--

[[Page S2660]]

       ``(A) In general.--Any nation subject to sanctions or trade 
     restrictions imposed by the United States is excluded from 
     expedited approval under paragraph (1).
       ``(B) Designation by president or congress.--The President 
     or Congress may designate nations that may be excluded from 
     expedited approval under paragraph (1) for reasons of 
     national security.
       ``(3) Order not required.--No order is required under 
     subsection (a) to authorize the export or import of any 
     natural gas to or from Canada or Mexico.''.

     SEC. 2103. CRUDE OIL EXPORTS.

       (a) Findings.--Congress finds that--
       (1) the restrictions on crude oil exports from the 1970s 
     are no longer necessary due to the technological advances 
     that have increased the domestic supply of crude oil; and
       (2) repealing restrictions on crude oil exports will 
     contribute to job growth and economic development.
       (b) Repeal of Presidential Authority to Restrict Oil 
     Exports.--
       (1) In general.--Section 103 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6212) is repealed.
       (2) Conforming amendments.--
       (A) Section 12 of the Alaska Natural Gas Transportation Act 
     of 1976 (15 U.S.C. 719j) is amended--
       (i) by striking ``and section 103 of the Energy Policy and 
     Conservation Act''; and
       (ii) by striking ``such Acts'' and inserting ``that Act''.
       (B) The Energy Policy and Conservation Act is amended--
       (i) in section 251 (42 U.S.C. 6271)--

       (I) by striking subsection (d); and
       (II) by redesignating subsection (e) as subsection (d); and

       (ii) in section 523(a)(1) (42 U.S.C. 6393(a)(1)), by 
     striking ``(other than section 103 thereof)''.
       (c) Repeal of Limitations on Exports of Oil.--
       (1) In general.--Section 28 of the Mineral Leasing Act (30 
     U.S.C. 185) is amended--
       (A) by striking subsection (u); and
       (B) by redesignating subsections (v) through (y) as 
     subsection (u) through (x), respectively.
       (2) Conforming amendments.--
       (A) Section 1107(c) of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3167(c)) is amended by striking 
     ``(u) through (y)'' and inserting ``(u) through (x)''.
       (B) Section 23 of the Deep Water Port Act of 1974 (33 
     U.S.C. 1522) is repealed.
       (C) Section 203(c) of the Trans-Alaska Pipeline 
     Authorization Act (43 U.S.C. 1652(c)) is amended in the first 
     sentence by striking ``(w)(2), and (x))'' and inserting 
     ``(v)(2), and (w))''.
       (D) Section 509(c) of the Public Utility Regulatory 
     Policies Act of 1978 (43 U.S.C. 2009(c)) is amended by 
     striking ``subsection (w)(2)'' and inserting ``subsection 
     (v)(2)''.
       (d) Repeal of Limitations on Export of OCS Oil or Gas.--
     Section 28 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1354) is repealed.
       (e) Termination of Limitation on Exportation of Crude 
     Oil.--Section 7(d) of the Export Administration Act of 1979 
     (50 U.S.C. App. 2406(d)) (as in effect pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.)) shall have no force or effect.
       (f) Clarification of Crude Oil Regulation.--
       (1) In general.--Section 754.2 of title 15, Code of Federal 
     Regulations (relating to crude oil) shall have no force or 
     effect.
       (2) Crude oil license requirements.--The Bureau of Industry 
     and Security of the Department of Commerce shall grant 
     licenses to export to a country crude oil (as the term is 
     defined in subsection (a) of the regulation referred to in 
     paragraph (1)) (as in effect on the date that is 1 day before 
     the date of enactment of this Act) unless--
       (A) the country is subject to sanctions or trade 
     restrictions imposed by the United States; or
       (B) the President or Congress has designated the country as 
     subject to exclusion for reasons of national security.

     SEC. 2104. COAL EXPORTS.

       (a) Findings.--Congress finds that--
       (1) increased international demand for coal is an 
     opportunity to support jobs and promote economic growth in 
     the United States; and
       (2) exports of coal should not be unreasonably restricted 
     or delayed.
       (b) NEPA Review for Coal Exports.--In completing an 
     environmental impact statement or similar analysis required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) for an approval or permit for coal 
     export terminals, or transportation of coal to coal export 
     terminals, the Secretary of the Army, acting through the 
     Chief of Engineers--
       (1) may only take into account domestic environmental 
     impacts; and
       (2) may not take into account any impacts resulting from 
     the final use overseas of the exported coal.

        TITLE II--IMPROVING NORTH AMERICAN ENERGY INFRASTRUCTURE

            Subtitle A--North American Energy Infrastructure

     SEC. 2201. FINDING.

       Congress finds that the United States should establish a 
     more efficient, transparent, and modern process for the 
     construction, connection, operation, and maintenance of oil 
     and natural gas pipelines and electric transmission 
     facilities for the import and export of oil, natural gas, and 
     electricity to and from Canada and Mexico, in pursuit of a 
     more secure and efficient North American energy market.

     SEC. 2202. DEFINITIONS.

       In this title:
       (1) Electric reliability organization.--The term ``Electric 
     Reliability Organization'' has the meaning given the term in 
     section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
       (2) Independent system operator.--The term ``Independent 
     System Operator'' has the meaning given the term in section 3 
     of the Federal Power Act (16 U.S.C. 796).
       (3) Natural gas.--The term ``natural gas'' has the meaning 
     given the term in section 2 of the Natural Gas Act (15 U.S.C. 
     717a).
       (4) Oil.--The term ``oil'' means petroleum or a petroleum 
     product.
       (5) Regional entity.--The term ``regional entity'' has the 
     meaning given the term in section 215(a) of the Federal Power 
     Act (16 U.S.C. 824o(a)).
       (6) Regional transmission organization.--The term 
     ``Regional Transmission Organization'' has the meaning given 
     the term in section 3 of the Federal Power Act (16 U.S.C. 
     796).

     SEC. 2203. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE 
                   PROJECTS AT THE NATIONAL BOUNDARY OF THE UNITED 
                   STATES.

       (a) Authorization.--Except as provided in subsections (d) 
     and (e), no person may construct, connect, operate, or 
     maintain an oil or natural gas pipeline or electric 
     transmission facility at the national boundary of the United 
     States for the import or export of oil, natural gas, or 
     electricity to or from Canada or Mexico without obtaining 
     approval of the construction, connection, operation, or 
     maintenance under this section.
       (b) Approval.--
       (1) Requirement.--Not later than 120 days after receiving a 
     request for approval of construction, connection, operation, 
     or maintenance under this section, the relevant official 
     identified under paragraph (2), in consultation with 
     appropriate Federal agencies, shall approve the request 
     unless the relevant official finds that the construction, 
     connection, operation, or maintenance harms the national 
     security interests of the United States.
       (2) Relevant official.--The relevant official referred to 
     in paragraph (1) is--
       (A) the Secretary of Commerce with respect to oil 
     pipelines;
       (B) the Federal Energy Regulatory Commission with respect 
     to natural gas pipelines; and
       (C) the Secretary of Energy with respect to electric 
     transmission facilities.
       (3) Approval not major federal action.--An approval of 
     construction, connection, operation, or maintenance under 
     paragraph (1) shall not be considered a major Federal action 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (4) Additional requirement for electric transmission 
     facilities.--In the case of a request for approval of the 
     construction, connection, operation, or maintenance of an 
     electric transmission facility, the Secretary of Energy shall 
     require, as a condition of approval of the request under 
     paragraph (1), that the electric transmission facility be 
     constructed, connected, operated, or maintained consistent 
     with all applicable policies and standards of--
       (A) the Electric Reliability Organization and the 
     applicable regional entity; and
       (B) any Regional Transmission Organization or Independent 
     System Operator with operational or functional control over 
     the electric transmission facility.
       (c) No Other Approval Required.--No Presidential permit (or 
     similar permit) required under Executive Order 13337 (3 
     U.S.C. 301 note; 69 Fed. Reg. 25299 (April 30, 2004)), 
     Executive Order 11423 (3 U.S.C. 301 note; 33 Fed. Reg. 11741 
     (August 16, 1968)), section 301 of title 3, United States 
     Code, Executive Order 12038 (43 Fed. Reg. 3674 (January 26, 
     1978)), Executive Order 10485 (18 Fed. Reg. 5397 (September 
     9, 1953)), or any other Executive order shall be necessary 
     for construction, connection, operation, or maintenance to 
     which this section applies.
       (d) Exclusions.--This section shall not apply to--
       (1) any construction, connection, operation, or maintenance 
     of an oil or natural gas pipeline or electric transmission 
     facility at the national boundary of the United States for 
     the import or export of oil, natural gas, or electricity to 
     or from Canada or Mexico if--
       (A) the pipeline or facility is operating at the national 
     boundary for that import or export as of the date of 
     enactment of this Act;
       (B) a permit described in subsection (c) for the 
     construction, connection, operation, or maintenance has been 
     issued;
       (C) approval of the construction, connection, operation, or 
     maintenance has previously been obtained under this section; 
     or
       (D) an application for a permit described in subsection (c) 
     for the construction, connection, operation, or maintenance 
     is pending on the date of enactment of this Act, until the 
     earlier of--
       (i) the date on which the application is denied; and
       (ii) July 1, 2015; or
       (2) the construction, connection, operation, or maintenance 
     of the Keystone XL pipeline.
       (e) Modifications to Existing Projects.--No approval under 
     this section, or permit described in subsection (c), shall be 
     required

[[Page S2661]]

     for modifications to construction, connection, operation, or 
     maintenance described in subparagraphs (A), (B), or (C) of 
     subsection (d)(1), including reversal of flow direction, 
     change in ownership, volume expansion, downstream or upstream 
     interconnection, or adjustments to maintain flow (such as a 
     reduction or increase in the number of pump or compressor 
     stations).
       (f) Effect of Other Laws.--Nothing in this section affects 
     the application of any other Federal law to a project for 
     which approval of construction, connection, operation, or 
     maintenance is sought under this section.

     SEC. 2204. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND 
                   MEXICO.

       (a) Repeal of Requirement To Secure Order.--Section 202 of 
     the Federal Power Act (16 U.S.C. 824a) is amended by striking 
     subsection (e).
       (b) Conforming Amendments.--
       (1) State regulations.--Section 202 of the Federal Power 
     Act (16 U.S.C. 824a) is amended--
       (A) by redesignating subsections (f) and (g) as subsection 
     (e) and (f), respectively; and
       (B) in subsection (e) (as so redesignated), by striking 
     ``insofar as such State regulation does not conflict with the 
     exercise of the Commission's powers under or relating to 
     subsection 202(e)''.
       (2) Seasonal diversity electricity exchange.--Section 
     602(b) of the Public Utility Regulatory Policies Act of 1978 
     (16 U.S.C. 824a-4(b)) is amended by striking ``the Commission 
     has conducted hearings and made the findings required under 
     section 202(e) of the Federal Power Act'' and all that 
     follows through the period at the end and inserting ``the 
     Secretary has conducted hearings and finds that the proposed 
     transmission facilities would not impair the sufficiency of 
     electric supply within the United States or would not impede 
     or tend to impede the coordination in the public interest of 
     facilities subject to the jurisdiction of the Secretary.''.

     SEC. 2205. EFFECTIVE DATE; RULEMAKING DEADLINES.

       (a) Effective Date.--Sections 2203 and 2204, and the 
     amendments made by those sections, shall take effect on July 
     1, 2015.
       (b) Rulemaking Deadlines.--Each relevant official described 
     in section 2203(b)(2) shall--
       (1) not later than 180 days after the date of enactment of 
     this Act, publish in the Federal Register notice of a 
     proposed rulemaking to carry out the applicable requirements 
     of section 2203; and
       (2) not later than 1 year after the date of enactment of 
     this Act, publish in the Federal Register a final rule to 
     carry out the applicable requirements of section 2203.

                Subtitle B--Keystone XL Permit Approval

     SEC. 2211. FINDINGS.

       Congress finds that--
       (1) building the Keystone XL pipeline will provide jobs and 
     economic growth to the United States; and
       (2) the Keystone XL pipeline should be approved 
     immediately.

     SEC. 2212. KEYSTONE XL PERMIT APPROVAL.

       (a) In General.--Notwithstanding Executive Order 13337 (3 
     U.S.C. 301 note ; 69 Fed. Reg. 25299 (April 30, 2004)), 
     Executive Order 11423 (3 U.S.C. 301 note; 33 Fed. Reg. 11741 
     (August 16, 1968)), 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 Corporation to the Department of State for the 
     northern portion of the Keystone XL pipeline from the 
     Canadian border to the border between the States of South 
     Dakota and Nebraska.
       (b) Environmental Impact Statement.--The final 
     environmental impact statement issued by the Secretary of 
     State on January 31, 2014, regarding the pipeline referred to 
     in subsection (a), shall be considered to satisfy all 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
       (c) Critical Habitat.--No area necessary to construct or 
     maintain the Keystone XL pipeline shall be considered 
     critical habitat under the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.) or any other provision of law.
       (d) Permits.--Any Federal permit or authorization issued 
     before the date of enactment of this Act for the pipeline and 
     cross-border facilities described in subsection (a), and the 
     related facilities in the United States, shall remain in 
     effect.
       (e) Federal Judicial Review.--The pipeline and cross-border 
     facilities described in subsection (a), and the related 
     facilities in the United States, that are approved by this 
     section, and any permit, right-of-way, or other action taken 
     to construct or complete the project pursuant to Federal law, 
     shall only be subject to judicial review on direct appeal to 
     the United States Court of Appeals for the District of 
     Columbia Circuit.

               TITLE III--OUTER CONTINENTAL SHELF LEASING

     SEC. 3001. FINDING.

       Congress finds that the United States has enormous 
     potential for offshore energy development and that the people 
     of the United States should have access to the jobs and 
     economic benefits from developing those resources.

     SEC. 3002. EXTENSION OF LEASING PROGRAM.

       (a) In General.--Subject to subsection (c), the Draft 
     Proposed Outer Continental Shelf Oil and Gas Leasing Program 
     2010-2015 issued by the Secretary of the Interior (referred 
     to in this title as the ``Secretary'') under section 18 of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1344) shall 
     be considered to be the final oil and gas leasing program 
     under that section for the period of fiscal years 2014 
     through 2019.
       (b) Final Environmental Impact Statement.--The Secretary is 
     considered to have issued a final environmental impact 
     statement for the program applicable to the period described 
     in subsection (a) in accordance with all requirements under 
     section 102(2)(C) of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4332(2)(C)).
       (c) Exceptions.--Lease Sales 214, 232, and 239 shall not be 
     included in the final oil and gas leasing program for the 
     period of fiscal years 2014 through 2019.

     SEC. 3003. LEASE SALES.

       (a) In General.--Except as otherwise provided in this 
     section, not later than 180 days after the date of enactment 
     of this Act and every 270 days thereafter, the Secretary 
     shall conduct a lease sale in each outer Continental Shelf 
     planning area for which the Secretary determines that there 
     is a commercial interest in purchasing Federal oil and gas 
     leases for production on the outer Continental Shelf.
       (b) Subsequent Determinations and Sales.--If the Secretary 
     determines that there is not a commercial interest in 
     purchasing Federal oil and gas leases for production on the 
     outer Continental Shelf in a planning area under this 
     section, not later than 2 years after the date of the 
     determination and every 2 years thereafter, the Secretary 
     shall--
       (1) make an additional determination on whether there is a 
     commercial interest in purchasing Federal oil and gas leases 
     for production on the outer Continental Shelf in the planning 
     area; and
       (2) if the Secretary determines that there is a commercial 
     interest under paragraph (1), conduct a lease sale in the 
     planning area.
       (c) Protection of State Interest.--In developing future 
     leasing programs, the Secretary shall give deference to 
     affected coastal States (as the term is used in the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) in 
     determining leasing areas to be included in the leasing 
     program.
       (d) Petitions.--If a person petitions the Secretary to 
     conduct a lease sale for an outer Continental Shelf planning 
     area in which the person has a commercial interest, the 
     Secretary shall conduct a lease sale for the area in 
     accordance with subsection (a).

     SEC. 3004. APPLICATIONS FOR PERMITS TO DRILL.

       Section 5 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1334) is amended by adding at the end the following:
       ``(k) Applications for Permits To Drill.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall approve or disapprove an application for a permit to 
     drill submitted under this Act not later than 20 days after 
     the date on which the application is submitted to the 
     Secretary.
       ``(2) Disapproval.--If the Secretary disapproves an 
     application for a permit to drill under paragraph (1), the 
     Secretary shall--
       ``(A) provide to the applicant a description of the reasons 
     for the disapproval of the application;
       ``(B) allow the applicant to resubmit an application during 
     the 10-day period beginning on the date of the receipt of the 
     description described in subparagraph (A) by the applicant; 
     and
       ``(C) approve or disapprove any resubmitted application not 
     later than 10 days after the date on which the application is 
     submitted to the Secretary.''.

     SEC. 3005. LEASE SALES FOR CERTAIN AREAS.

       (a) In General.--As soon as practicable but not later than 
     1 year after the date of enactment of this Act, the Secretary 
     shall conduct Lease Sale 220 for areas offshore of the State 
     of Virginia.
       (b) Compliance With Other Laws.--For purposes of the lease 
     sale described in subsection (a), the environmental impact 
     statement prepared under section 3001 shall satisfy the 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
       (c) Energy Projects in Gulf of Mexico.--
       (1) Jurisdiction.--The United States Court of Appeals for 
     the Fifth Circuit shall have exclusive jurisdiction over 
     challenges to offshore energy projects and permits to drill 
     carried out in the Gulf of Mexico.
       (2) Filing deadline.--Any civil action to challenge a 
     project or permit described in paragraph (1) shall be filed 
     not later than 60 days after the date of approval of the 
     project or the issuance of the permit.

            TITLE IV--UTILIZING AMERICA'S ONSHORE RESOURCES

     SEC. 4001. FINDINGS.

       Congress finds that--
       (1) current policy has failed to take full advantage of the 
     natural resources on Federal land;
       (2) the States should be given the option to lead energy 
     development on all available Federal land in a State; and
       (3) the Federal Government should not inhibit energy 
     development on Federal land.

     SEC. 4002. STATE OPTION FOR ENERGY DEVELOPMENT.

       Notwithstanding any other provision of this title, a State 
     may elect to control energy development and production on 
     available Federal land in accordance with the terms and 
     conditions of subtitle A and the

[[Page S2662]]

     amendments made by subtitle A in lieu of being subject to the 
     Federal system established under subtitle B and the 
     amendments made by subtitle B.

                Subtitle A--Energy Development by States

     SEC. 4011. DEFINITIONS.

       In this subtitle:
       (1) Available federal land.--The term ``available Federal 
     land'' means any Federal land that, as of the date of 
     enactment of this Act--
       (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.

     SEC. 4012. STATE PROGRAMS.

       (a) In General.--A State--
       (1) may establish a program covering the leasing and 
     permitting processes, regulatory requirements, and any other 
     provisions by which the State would exercise the rights of 
     the State to develop all forms of energy resources on 
     available Federal land in the State; and
       (2) as a condition of certification under section 4013(b) 
     shall submit a declaration to the Departments of the 
     Interior, Agriculture, and Energy that a program under 
     paragraph (1) has been established or amended.
       (b) Amendment of Programs.--A State may amend a program 
     developed and certified under this subtitle at any time.
       (c) Certification of Amended Programs.--Any program amended 
     under subsection (b) shall be certified under section 
     4013(b).

     SEC. 4013. LEASING, PERMITTING, AND REGULATORY PROGRAMS.

       (a) Satisfaction of Federal Requirements.--Each program 
     certified under this section shall be considered to satisfy 
     all applicable requirements of Federal law (including 
     regulations), including--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (3) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.).
       (b) Federal Certification and Transfer of Development 
     Rights.--Upon submission of a declaration by a State under 
     section 4012(a)(2)--
       (1) the program under section 4012(a)(1) shall be 
     certified; and
       (2) the State shall receive all rights from the Federal 
     Government to develop all forms of energy resources covered 
     by the program.
       (c) Issuance of Permits and Leases.--If a State elects to 
     issue a permit or lease for the development of any form of 
     energy resource on any available Federal land within the 
     borders of the State in accordance with a program certified 
     under subsection (b), the permit or lease shall be considered 
     to meet all applicable requirements of Federal law (including 
     regulations).

     SEC. 4014. JUDICIAL REVIEW.

       Activities carried out in accordance with this subtitle 
     shall not be subject to Federal judicial review.

     SEC. 4015. ADMINISTRATIVE PROCEDURE ACT.

       Activities carried out in accordance with this subtitle 
     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'').

          Subtitle B--Onshore Oil and Gas Permit Streamlining

                 PART I--OIL AND GAS LEASING CERTAINTY

     SEC. 4021. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE 
                   SALES.

       Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is 
     amended--
       (1) by striking ``Sec. 17. (a) All lands'' and inserting 
     the following:

     ``SEC. 17. LEASE OF OIL AND GAS LAND.

       ``(a) Authority of Secretary.--
       ``(1) In general.--All land''; and
       (2) in subsection (a), by adding at the end the following:
       ``(2) Minimum acreage requirement for onshore lease 
     sales.--
       ``(A) In general.--In conducting lease sales under 
     paragraph (1)--
       ``(i) there shall be a presumption that nominated land 
     should be leased; and
       ``(ii) the Secretary of the Interior shall offer for sale 
     all of the nominated acreage not previously made available 
     for lease, unless the Secretary demonstrates by clear and 
     convincing evidence that an individual lease should not be 
     granted.
       ``(B) Administration.--Acreage offered for lease pursuant 
     to this paragraph--
       ``(i) shall not be subject to protest; and
       ``(ii) shall be eligible for categorical exclusions under 
     section 390 of the Energy Policy Act of 2005 (42 U.S.C. 
     15942), except that the categorical exclusions shall not be 
     subject to the test of extraordinary circumstances or any 
     other similar regulation or policy guidance.
       ``(C) Availability.--In administering this paragraph, the 
     Secretary shall only consider leasing of Federal land that is 
     available for leasing at the time the lease sale occurs.''.

     SEC. 4022. LEASING CERTAINTY.

       Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) 
     (as amended by section 4061) is amended by adding at the end 
     the following:
       ``(3) Leasing certainty.--
       ``(A) In general.--The Secretary of the Interior shall not 
     withdraw any covered energy project (as defined in section 
     4051 of the American Energy Renaissance Act of 2014 ) issued 
     under this Act without finding a violation of the terms of 
     the lease by the lessee.
       ``(B) Delay.--The Secretary shall not infringe on 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 the lease.
       ``(C) Availability for lease.--Not later than 18 months 
     after an area is designated as open under the applicable land 
     use plan, the Secretary shall make available nominated areas 
     for lease using the criteria established under section 2.
       ``(D) Last payment.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, the Secretary shall issue all leases sold not later than 
     60 days after the last payment is made.
       ``(ii) Cancellation.--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.
       ``(E) Protests.--
       ``(i) In general.--Not later than the end of the 60-day 
     period beginning on the date a lease sale is held under this 
     Act, the Secretary shall adjudicate any lease protests filed 
     following a lease sale.
       ``(ii) Unsettled protest.--If, after the 60-day period 
     described in clause (i) any protest is left unsettled--

       ``(I) the protest shall be considered automatically denied; 
     and
       ``(II) the appeal rights of the protestor shall begin.

       ``(F) Additional lease stipulations.--No additional lease 
     stipulation may be added after the parcel is sold without 
     consultation and agreement of the lessee, unless the 
     Secretary considers the stipulation as an emergency action to 
     conserve the resources of the United States.''.

     SEC. 4023. LEASING CONSISTENCY.

       A Federal land manager shall 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. 4024. REDUCE REDUNDANT POLICIES.

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

     SEC. 4025. STREAMLINED CONGRESSIONAL NOTIFICATION.

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

        PART II--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM

     SEC. 4031. PERMIT TO DRILL APPLICATION TIMELINE.

       Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) 
     is amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Applications for permits to drill reform and 
     process.--
       ``(A) In general.--Not later than the end of the 30-day 
     period beginning on the date an application for a permit to 
     drill is received by the Secretary, the Secretary shall 
     decide whether to issue the permit.
       ``(B) Extension.--
       ``(i) In general.--The Secretary may extend the period 
     described in subparagraph (A) for up to 2 periods of 15 days 
     each, if the Secretary has given written notice of the delay 
     to the applicant.
       ``(ii) Notice.--The notice shall--

       ``(I) be in the form of a letter from the Secretary or a 
     designee of the Secretary; and
       ``(II) include--

       ``(aa) the names and titles of the persons processing the 
     application;
       ``(bb) the specific reasons for the delay; and
       ``(cc) a specific date a final decision on the application 
     is expected.
       ``(C) Notice of reasons for denial.--If the application is 
     denied, the Secretary shall provide the applicant--
       ``(i) a written statement that provides clear and 
     comprehensive reasons why the application was not accepted 
     and detailed information concerning any deficiencies; and
       ``(ii) an opportunity to remedy any deficiencies.
       ``(D) Application deemed approved.--
       ``(i) In general.--Except as provided in clause (ii), 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 
     shall be considered approved.
       ``(ii) Exceptions.--Clause (i) shall not apply 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.
       ``(E) Denial of permit.--If the Secretary decides not to 
     issue a permit to drill under this paragraph, 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-

[[Page S2663]]

     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.
       ``(F) Fee.--
       ``(i) In general.--Notwithstanding any other provision of 
     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).
       ``(ii) Resubmitted application.--The fee required under 
     clause (i) shall not apply to any resubmitted application.
       ``(iii) Treatment of permit processing fee.--Subject to 
     appropriation, of all fees collected under this paragraph for 
     each fiscal year, 50 percent shall be--

       ``(I) transferred to the field office at which the fees are 
     collected; and
       ``(II) used to process protests, leases, and permits under 
     this Act.''.

     SEC. 4032. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.

       Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) 
     (as amended by section 4031) is 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 administrative protest 
     for a lease, right-of-way, or application for a permit to 
     drill.
       ``(B) Treatment of fees.--Subject to appropriation, of all 
     fees collected under this paragraph for each fiscal year, 50 
     percent shall--
       ``(i) remain in the field office at which the fees are 
     collected; and
       ``(ii) be used to process protests.''.

     SEC. 4033. IMPROVED FEDERAL ENERGY PERMIT COORDINATION.

       (a) Definitions.--In this section:
       (1) Energy project.--The term ``energy project'' includes 
     any oil, natural gas, coal, or other energy project, as 
     defined by the Secretary.
       (2) Project.--The term ``Project'' means the Federal Permit 
     Streamlining Project established under subsection (b).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Establishment.--The Secretary shall establish a Federal 
     Permit Streamlining Project in each Bureau of Land Management 
     field office with responsibility for permitting energy 
     projects on Federal land.
       (c) 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 carrying out this 
     section with--
       (A) the Secretary of Agriculture;
       (B) the Administrator of the Environmental Protection 
     Agency; and
       (C) the Chief of Engineers.
       (2) State participation.--The Secretary may request that 
     the Governor of any State with energy projects on Federal 
     land to be a signatory to the memorandum of understanding.
       (d) 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 (c), each Federal signatory party shall, if 
     appropriate, assign to each Bureau of Land Management field 
     office 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 the 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. 1600 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 home agency 
     of the employee; and
       (C) participate as part of the team of personnel working on 
     proposed energy projects, planning, and environmental 
     analyses on Federal land.
       (e) Additional Personnel.--The Secretary shall assign to 
     each Bureau of Land Management field office described in 
     subsection (b) any additional personnel that are necessary to 
     ensure the effective approval and implementation of energy 
     projects administered by the Bureau of Land Management field 
     office, 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.).
       (f) Funding.--Funding for the additional personnel shall 
     come from the Department of the Interior reforms under 
     paragraph (2) of section 17(p) of the Mineral Leasing Act (30 
     U.S.C. 226(p)) (as amended by section 4031 and section 4032).
       (g) 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 any employee of which is participating in the 
     Project.

     SEC. 4034. ADMINISTRATION.

       Notwithstanding any other provision of 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).

                          PART III--OIL SHALE

     SEC. 4041. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS 
                   TO RESOURCE MANAGEMENT PLANS, AND RECORD OF 
                   DECISION.

       (a) Regulations.--
       (1) In general.--Notwithstanding any other provision of law 
     (including regulations), the final regulations regarding oil 
     shale management published by the Bureau of Land Management 
     on November 18, 2008 (73 Fed. Reg. 69414) shall be considered 
     to satisfy all legal and procedural requirements under any 
     law, including--
       (A) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (C) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (2) Implementation.--The Secretary of the Interior shall 
     implement the regulations described in paragraph (1) 
     (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.--
       (1) In general.--Notwithstanding any other provision of law 
     (including regulations) to the contrary, the 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 the Final 
     Programmatic Environmental Impact Statement of the Bureau of 
     Land Management, as in effect on November 17, 2008, shall be 
     considered to satisfy all legal and procedural requirements 
     under any law, including--
       (A) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (C) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (2) Implementation.--The Secretary of the Interior shall 
     implement the oil shale leasing program authorized by the 
     regulations described in paragraph (1) in those areas covered 
     by the resource management plans covered by the amendments, 
     and covered by the record of decision, described in paragraph 
     (1) without any other administrative action necessary.

     SEC. 4042. OIL SHALE LEASING.

       (a) Additional Research and Development Lease Sales.--Not 
     later than 180 days after the date of enactment of this Act, 
     the Secretary of the Interior shall hold a lease sale 
     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. 2611).
       (b) Commercial Lease Sales.--
       (1) In general.--Not later than January 1, 2016, the 
     Secretary of the Interior shall hold not 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.
       (2) Administration.--Each lease sale shall be--
       (A) for an area of not less than 25,000 acres; ;and
       (B) in multiple lease blocs.

          PART IV--NATIONAL PETROLEUM RESERVE IN ALASKA ACCESS

     SEC. 4051. 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. 4052. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.

       Section 107 of the Naval Petroleum Reserves Production Act 
     of 1976 (42 U.S.C. 6506a) is amended by striking subsection 
     (a) and inserting the following
       ``(a) In General.--The Secretary shall conduct an 
     expeditious program of competitive leasing of oil and gas in 
     the Reserve--
       ``(1) in accordance with this Act; and
       ``(2) that shall include at least 1 lease sale annually in 
     the areas of the Reserve most likely to produce commercial 
     quantities of oil and natural gas for each of calendar years 
     2014 through 2023.''.

[[Page S2664]]

     SEC. 4053. 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--
       (1) to develop and bring into production any areas within 
     the National Petroleum Reserve in Alaska that are subject to 
     oil and gas leases; and
       (2) to 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 the construction described in subsection 
     (a) 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 not 
     later than 60 days after the date of enactment of this Act.
       (2) Permits for the construction described in subsection 
     (a) for transportation of oil and natural gas produced under 
     Federal oil and gas leases shall be approved not later than 
     180 days after the date on which a request for a permit to 
     drill is submitted to the Secretary.
       (c) Plan.--To ensure timely future development of the 
     National Petroleum Reserve in Alaska, not later than 270 days 
     after the date of 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. 4054. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND 
                   ENVIRONMENTAL IMPACT STATEMENT.

       (a) Issuance of New Integrated Activity Plan.--Not later 
     than 180 days after the date of enactment of this Act, the 
     Secretary of the Interior shall issue--
       (1) a new proposed integrated activity plan from among the 
     nonadopted 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 
     the 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. 4055. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.

       The Secretary of the Interior shall promulgate 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. 4056. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY 
                   PLAN.

       At a minimum, the new proposed integrated activity plan 
     issued under section 4054(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 the application; and
       (2) establish a timeline for the processing of each 
     application that--
       (A) specifies deadlines for decisions and actions on permit 
     applications; and
       (B) provides that the period for issuing a permit after the 
     date on which the application is submitted shall not exceed 
     60 days without the concurrence of the applicant.

     SEC. 4057. 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 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 assessment required by subsection (a) 
     shall be completed not later than 2 years after the date of 
     enactment of this Act.
       (d) Funding.--In carrying out this section, the United 
     States Geological Survey may cooperatively use resources and 
     funds provided by the State of Alaska.

                    PART V--MISCELLANEOUS PROVISIONS

     SEC. 4061. SANCTIONS.

       Nothing in this title authorizes 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 Syria Accountability and Lebanese Sovereignty 
     Restoration Act of 2003 (22 U.S.C. 2151 note; Public Law 108-
     175);
       (2) the Comprehensive Iran Sanctions, Accountability, and 
     Divestiture Act of 2010 (22 U.S.C. 8501 et seq.);
       (3) section 1245 of the National Defense Authorization Act 
     for Fiscal Year 2012 (22 U.S.C. 8513a);
       (4) the Iran Threat Reduction and Syria Human Rights Act of 
     2012 (22 U.S.C. 8701 et seq.);
       (5) the Iran Freedom and Counter-Proliferation Act of 2012 
     (22 U.S.C. 8801 et seq.);
       (6) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note; 
     Public Law 104-172);
       (7) Executive Order 13224 (50 U.S.C. 1701 note; relating to 
     blocking property and prohibiting transactions with persons 
     who commit, threaten to commit, or support terrorism);
       (8) Executive Order 13338 (50 U.S.C. 1701 note; relating to 
     blocking property of certain persons and prohibiting the 
     export of certain goods to Syria);
       (9) Executive Order 13622 (50 U.S.C. 1701 note; relating to 
     authorizing additional sanctions with respect to Iran);
       (10) Executive Order 13628 (50 U.S.C. 1701 note; relating 
     to authorizing additional sanctions with respect to Iran); or
       (11) Executive Order 13645 (50 U.S.C. 1701 note; relating 
     to authorizing additional sanctions with respect to Iran).

     SEC. 4062. 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) Internet-based Bidding.--
       ``(i) In general.--In order to diversify and expand the 
     onshore leasing program of the United States 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.
       ``(ii) Conclusion.--Each individual Internet-based lease 
     sale shall conclude not later than 7 days after the date on 
     which the sale begins.''.
       (b) Report.--Not later than 90 days after the date on which 
     the tenth Internet-based lease sale conducted under the 
     amendment made by subsection (a) concludes, the Secretary of 
     the Interior shall analyze the first 10 Internet-based lease 
     sales and report to Congress the findings of the analysis, 
     including--
       (1) estimates on increases or decreases in Internet-based 
     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 Internet-based 
     lease 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--
       (A) maximize bidder participation;
       (B) ensure the highest return to the Federal taxpayers;
       (C) minimize opportunities for fraud or collusion; and
       (D) ensure the security and integrity of the leasing 
     process.

                        PART VI--JUDICIAL REVIEW

     SEC. 4071. DEFINITIONS.

       In this part:
       (1) Covered civil action.--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 land.
       (2) Covered energy project.--
       (A) In general.--The term ``covered energy project'' 
     means--
       (i) the leasing of Federal land for the exploration, 
     development, production, processing, or transmission of oil, 
     natural gas, wind, or any other source of energy; and
       (ii) any action under the lease.
       (B) Exclusion.--The term ``covered energy project'' does 
     not include any dispute between the parties to a lease 
     regarding the obligations under the lease, including any 
     alleged breach of the lease.

     SEC. 4072. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING 
                   TO COVERED ENERGY PROJECTS.

       Venue for any covered civil action shall lie in the United 
     States district court in which the covered energy project or 
     lease exists or is proposed.

     SEC. 4073. TIMELY FILING.

       To ensure timely redress by the courts, a covered civil 
     action shall be filed not later than the end of the 90-day 
     period beginning

[[Page S2665]]

     on the date of the final Federal agency action to which the 
     covered civil action relates.

     SEC. 4074. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

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

     SEC. 4075. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.

       (a) In General.--In a covered civil action, a court shall 
     not grant or approve any prospective relief unless the court 
     finds that the relief--
       (1) is narrowly drawn;
       (2) extends no further than necessary to correct the 
     violation of a legal requirement; and
       (3) is the least intrusive means necessary to correct the 
     violation.
       (b) Duration.--
       (1) In general.--A court shall limit the duration of 
     preliminary injunctions to halt covered energy projects to 
     not more than 60 days, unless the court finds clear reasons 
     to extend the injunction.
       (2) Administration.--In the case of an extension, the 
     extension shall--
       (A) only be in 30-day increments; and
       (B) require action by the court to renew the injunction.

     SEC. 4076. LIMITATION ON ATTORNEYS' FEES AND COURT COSTS.

       (a) In General.--Sections 504 of title 5 and 2412 of title 
     28, United States Code (commonly known as the ``Equal Access 
     to Justice Act''), shall not apply to a covered civil action.
       (b) Court Costs.--A party to a covered civil action shall 
     not receive payment from the Federal Government for the 
     attorneys' fees, expenses, or other court costs incurred by 
     the party.

     SEC. 4077. LEGAL STANDING.

       A challenger that files an appeal with the Department of 
     the Interior Board of Land Appeals shall meet the same 
     standing requirements as a challenger before a United States 
     district court.

                 TITLE V--ADDITIONAL ONSHORE RESOURCES

       Subtitle A--Leasing Program for Land Within Coastal Plain

     SEC. 5001. FINDING.

       Congress finds that development of energy reserves under 
     the Coastal Plain of Alaska, performed in an environmentally 
     responsible manner, will contribute to job growth and 
     economic development.

     SEC. 5002. DEFINITIONS.

       In this subtitle:
       (1) Coastal plain.--The term ``Coastal Plain'' means the 
     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'' means the Secretary 
     of the Interior.

     SEC. 5003. LEASING PROGRAM FOR LAND ON THE COASTAL PLAIN.

       (a) In General.--The Secretary shall--
       (1) establish and implement, in accordance with this 
     subtitle and acting through the Director of the Bureau of 
     Land Management in consultation with the Director of the 
     United States Fish and Wildlife Service, a competitive oil 
     and gas leasing program that will result in the exploration, 
     development, and production of the oil and gas resources of 
     the Coastal Plain; and
       (2) administer the provisions of this subtitle 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 do not result in any 
     significant adverse effect on fish and wildlife, the habitat 
     of fish and wildlife, subsistence resources, or 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 subtitle 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 contained 
     in section 1 of that Act (16 U.S.C. 3101 note) 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 on 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 document of 
     the Department of the Interior entitled ``Final Legislative 
     Environmental Impact Statement'' and dated April 1987 
     relating to 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 (42 U.S.C. 4321 et seq.) 
     that apply with respect to prelease activities under this 
     subtitle, including actions authorized to be taken by the 
     Secretary to develop and promulgate regulations for the 
     establishment of a leasing program authorized by this 
     subtitle before the conduct of the first lease sale.
       (3) Compliance with nepa for other actions.--
       (A) In general.--Prior to conducting the first lease sale 
     under this subtitle, the Secretary shall prepare an 
     environmental impact statement under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     with respect to the actions authorized by this subtitle not 
     covered by paragraph (2).
       (B) Nonleasing alternatives not required.--Notwithstanding 
     any other provision of law, in preparing the environmental 
     impact statement under subparagraph (A), the Secretary--
       (i) shall--

       (I) only identify a preferred action for leasing and a 
     single leasing alternative; and
       (II) analyze the environmental effects and potential 
     mitigation measures for those 2 alternatives; and

       (ii) is not required--

       (I) to identify nonleasing alternative courses of action; 
     or
       (II) to analyze the environmental effects of nonleasing 
     alternative courses of action.

       (C) Deadline.--The identification under subparagraph 
     (B)(i)(I) for the first lease sale conducted under this 
     subtitle shall be completed not later than 18 months after 
     the date of enactment of this Act.
       (D) Public comment.--The Secretary shall only consider 
     public comments that--
       (i) specifically address the preferred action of the 
     Secretary; and
       (ii) are filed not later than 20 days after the date on 
     which the environmental analysis is published.
       (E) Compliance.--Notwithstanding any other provision of 
     law, compliance with this paragraph is deemed to satisfy all 
     requirements for the analysis and consideration of the 
     environmental effects of proposed leasing under this 
     subtitle.
       (d) Relationship to State and Local Authority.--Nothing in 
     this subtitle expands or limits State or 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 of the State of Alaska, may designate not more than 
     45,000 acres of the Coastal Plain as a ``Special Area'' if 
     the Secretary determines that the area is of such unique 
     character and interest so as to require special management 
     and regulatory protection.
       (2) Sadlerochit spring area.--The Secretary shall designate 
     the Sadlerochit Spring area, consisting of approximately 
     4,000 acres, as a Special Area.
       (3) Management.--Each Special Area shall be managed to 
     protect and preserve the unique and diverse character of the 
     area, including the fish, wildlife, and subsistence resource 
     values of the area.
       (4) Exclusion from leasing or surface occupancy.--
       (A) In general.--The Secretary may exclude any Special Area 
     from leasing.
       (B) No surface occupancy.--If the Secretary leases a 
     Special Area, or any part of a Special Area, for oil and gas 
     exploration, development, production, or related activities, 
     there shall be no surface occupancy of the land comprising 
     the Special Area.
       (5) 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 authority of the 
     Secretary to close land on the Coastal Plain to oil and gas 
     leasing, exploration, development, or production shall be 
     limited to the authority provided under this subtitle.
       (g) Regulations.--
       (1) In general.--Not later than 15 months after the date of 
     enactment of this Act, the Secretary shall promulgate 
     regulations necessary to carry out this subtitle, including 
     regulations relating to protection of fish and wildlife, the 
     habitat of fish and wildlife, subsistence resources, and 
     environment of the Coastal Plain.
       (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 promulgated under 
     paragraph (1) 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. 5004. LEASE SALES.

       (a) In General.--In accordance with the requirements of 
     this subtitle, the Secretary

[[Page S2666]]

     may lease land under this subtitle to any person qualified to 
     obtain a lease for deposits of oil and gas under the Mineral 
     Leasing Act (30 U.S.C. 181 et seq.).
       (b) Procedures.--The Secretary shall, by regulation and not 
     later than 180 days after the date of enactment of this Act, 
     establish procedures for--
       (1) receipt and consideration of sealed nominations for any 
     area of the Coastal Plain for inclusion in, or exclusion 
     from, a lease sale;
       (2) the holding of lease sales after the 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 subtitle may 
     be conducted through an Internet leasing program, if the 
     Secretary determines that the Internet leasing program 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.--The Secretary shall--
       (1) offer for lease under this subtitle--
       (A) those tracts the Secretary considers to have the 
     greatest potential for the discovery of hydrocarbons, taking 
     into consideration nominations received under subsection 
     (b)(1); and
       (B)(i) not fewer than 50,000 acres by not later than 22 
     months after the date of the enactment of this Act; and
       (ii) not fewer than an additional 50,000 acres at 6-, 12-, 
     and 18-month intervals following the initial offering under 
     subclause (i);
       (2) conduct 4 additional lease sales under the same terms 
     and schedule as the last lease sale under paragraph 
     (1)(B)(ii) not later than 2 years after the date of that 
     sale, if sufficient interest in leasing exists to warrant, in 
     the judgment of the Secretary, the conduct of the sales; and
       (3) evaluate the bids in each lease sale under this 
     subsection and issue leases resulting from the sales not 
     later than 90 days after the date on which the sale is 
     completed.

     SEC. 5005. 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 5004 any land to be leased on the Coastal Plain upon 
     payment by the bidder of any bonus as may be accepted by the 
     Secretary.
       (b) Subsequent Transfers.--No lease issued under this 
     subtitle may be sold, exchanged, assigned, sublet, or 
     otherwise transferred except with the approval of the 
     Secretary after the Secretary consults with, and gives due 
     consideration to the views of, the Attorney General.

     SEC. 5006. LEASE TERMS AND CONDITIONS.

       An oil or gas lease issued under this subtitle shall--
       (1) provide for the payment of a royalty of not less than 
     12.5 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 land on the Coastal Plain 
     shall be fully responsible and liable for the reclamation of 
     land on the Coastal Plain and any other Federal land that is 
     adversely affected in connection with exploration, 
     development, production, or transportation activities 
     conducted under the lease and on 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 land 
     required to be reclaimed under this subtitle shall be, as 
     nearly as practicable, a condition capable of supporting the 
     uses which the land was 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, the habitat of fish and wildlife, 
     subsistence resources, and the environment as required under 
     section 5003(a)(2);
       (7) provide that the lessee, agents of the lessee, and 
     contractors of the lessee use best efforts to provide a fair 
     share, as determined by the level of obligation previously 
     agreed to in the 1974 agreement implementing section 29 of 
     the Federal Agreement and Grant of Right of Way for the 
     Operation of the Trans-Alaska Pipeline, of employment and 
     contracting for Alaska Natives and Alaska Native corporations 
     from throughout the State; and
       (8) contain such other provisions as the Secretary 
     determines necessary to ensure compliance with this subtitle 
     and the regulations issued pursuant to this subtitle.

     SEC. 5007. 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 5003, administer 
     this subtitle 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 shall not result 
     in any significant adverse effect on fish and wildlife, the 
     habitat of fish and wildlife, or 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.--With respect 
     to any proposed drilling and related activities, the 
     Secretary shall require 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, the habitat of fish and wildlife, 
     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.--Prior to 
     implementing the leasing program authorized by this subtitle, 
     the Secretary shall prepare and promulgate regulations, lease 
     terms, conditions, restrictions, prohibitions, stipulations, 
     and other measures designed to ensure that the activities 
     undertaken on the Coastal Plain under this subtitle are 
     conducted in a manner consistent with the purposes and 
     environmental requirements of this subtitle.
       (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 subtitle 
     shall require compliance with all applicable provisions of 
     Federal and State environmental law and compliance with 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 document of the 
     Department of the Interior entitled ``Final Legislative 
     Environmental Impact Statement'' and dated April 1987 
     relating to 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--
       (A) be limited to the period between approximately November 
     1 and May 1 each year; and
       (B) be supported, if necessary, by ice roads, winter trails 
     with adequate snow cover, ice pads, ice airstrips, and air 
     transport methods, except that exploration activities may 
     occur at other times if the Secretary finds that the 
     exploration will have no significant adverse effect on the 
     fish and wildlife, the habitat of fish and wildlife, and the 
     environment of the Coastal Plain.
       (4) Design safety and construction standards for all 
     pipelines and any access and service roads, that minimize, to 
     the maximum extent practicable, adverse effects on--
       (A) the passage of migratory species such as caribou; and
       (B) 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 subtitle, 
     requiring the removal from the Coastal Plain of all oil and 
     gas development and production facilities, structures, and 
     equipment upon completion of oil and gas production 
     operations, except that the Secretary may exempt from the 
     requirements of this 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.

[[Page S2667]]

       (9) Consolidation of facility siting.
       (10) Appropriate prohibitions or restrictions on the 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 (including 
     regulations).
       (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 determined 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--
       (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; and
       (3) the land use stipulations for exploratory drilling on 
     the KIC-ASRC private land 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, the 
     habitat of fish and wildlife, and the environment.
       (D) Using existing facilities wherever practicable.
       (E) Enhancing compatibility between wildlife values and 
     development activities.
       (g) Access to Public Land.--The Secretary shall--
       (1) manage public land 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 land in the Coastal Plain for traditional 
     uses.

     SEC. 5008. EXPEDITED JUDICIAL REVIEW.

       (a) Filing of Complaint.--
       (1) Deadline.--Subject to paragraph (2), any complaint 
     seeking judicial review of--
       (A) any provision of this subtitle shall be filed by not 
     later than 1 year after the date of enactment of this Act; or
       (B) any action of the Secretary under this subtitle shall 
     be filed--
       (i) except as provided in clause (ii), during the 90-day 
     period beginning on the date on which the action is 
     challenged; or
       (ii) in the case of a complaint based solely on grounds 
     arising after the period described in clause (i), not later 
     than 90 days after the date on which 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 subtitle or any action of the Secretary 
     under this subtitle may be filed only in the United States 
     Court of Appeals for the District of Columbia.
       (3) Limitation on scope of certain review.--
       (A) In general.--Judicial review of a decision by the 
     Secretary to conduct a lease sale under this subtitle, 
     including an environmental analysis, shall be--
       (i) limited to whether the Secretary has complied with this 
     subtitle; and
       (ii) based on the administrative record of that decision.
       (B) Presumption.--The identification by the Secretary of a 
     preferred course of action to enable leasing to proceed and 
     the analysis by the Secretary of environmental effects under 
     this subtitle is presumed to be correct unless shown 
     otherwise by clear and convincing evidence.
       (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.--
       (1) In general.--Sections 504 of title 5 and 2412 of title 
     28, United States Code (commonly known as the ``Equal Access 
     to Justice Act''), shall not apply to any action under this 
     subtitle.
       (2) Court costs.--A party to any action under this subtitle 
     shall not receive payment from the Federal Government for the 
     attorneys' fees, expenses, or other court costs incurred by 
     the party.

     SEC. 5009. TREATMENT OF REVENUES.

       Notwithstanding any other provision of law, 90 percent of 
     the amount of bonus, rental, and royalty revenues from 
     Federal oil and gas leasing and operations authorized under 
     this subtitle shall be deposited in the Treasury.

     SEC. 5010. 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 subtitle--
       (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, 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, the 
     habitat of fish and wildlife, subsistence resources, or 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 promulgated under section 5003(g) provisions 
     granting rights-of-way and easements described in subsection 
     (a).

     SEC. 5011. CONVEYANCE.

       In order to maximize Federal revenues by removing clouds on 
     titles to land and clarifying land ownership patterns on the 
     Coastal Plain, and notwithstanding section 1302(h)(2) of the 
     Alaska National Interest Lands Conservation Act (16 U.S.C. 
     3192(h)(2)), the Secretary shall convey--
       (1) to the Kaktovik Inupiat Corporation, the surface estate 
     of the land described in paragraph 1 of Public Land Order 
     6959, to the extent necessary to fulfill the entitlement of 
     the Kaktovik Inupiat Corporation under sections 12 and 14 of 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 
     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 the Arctic Slope Regional 
     Corporation is entitled pursuant to the August 9, 1983, 
     agreement between the Arctic Slope Regional Corporation and 
     the United States of America.

                   Subtitle B--Native American Energy

     SEC. 5021. FINDINGS.

       Congress finds that--
       (1) the Federal Government has unreasonably interfered with 
     the efforts of Indian tribes to develop energy resources on 
     tribal land; and
       (2) Indian tribes should have the opportunity to gain the 
     benefits of the jobs, investment, and economic development to 
     be gained from energy development.

     SEC. 5022. 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 or other estimates of value 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 
     the Secretary has failed to approve or disapprove any 
     appraisal by the date that is 60 days after the date on which

[[Page S2668]]

     the appraisal is received, the appraisal shall be deemed 
     approved.
       ``(d) Option of Indian Tribes to Waive Appraisal.--An 
     Indian tribe may waive the requirements of subsection (a) if 
     the Indian tribe provides to the Secretary a written 
     resolution, statement, or other unambiguous indication of 
     tribal intent to waive the requirements that--
       ``(1) is duly approved by the governing body of the Indian 
     tribe; and
       ``(2) includes an express waiver by the Indian tribe of any 
     claims for damages the Indian tribe might have against the 
     United States as a result of the waiver.
       ``(e) Regulations.--The Secretary shall promulgate 
     regulations to implement this section, including standards 
     the Secretary shall use for approving or disapproving an 
     appraisal under subsection (b).''.
       (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. 5023. STANDARDIZATION.

       As soon as practicable after the date of 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 land shall use 
     a uniform system of reference numbers and tracking systems 
     for oil and gas wells.

     SEC. 5024. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON 
                   INDIAN LAND.

       Section 102 of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4332) is amended--
       (1) in the matter preceding paragraph (1) by inserting 
     ``(a) In General.--'' before ``The Congress authorizes''; and
       (2) by adding at the end the following:
       ``(b) Review of Major Federal Actions on Indian Land.--
       ``(1) Definitions of indian land and indian tribe.--In this 
     subsection, the terms `Indian land' and `Indian tribe' have 
     the meaning given those terms in section 2601 of the Energy 
     Policy Act of 1992 (25 U.S.C. 3501).
       ``(2) In general.--For any major Federal action on Indian 
     land 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--
       ``(A) the members of the Indian tribe; and
       ``(B) any other individual residing within the affected 
     area.
       ``(3) Regulations.--The Chairman of the Council on 
     Environmental Quality, in consultation with Indian tribes, 
     shall develop regulations to implement this section, 
     including descriptions of affected areas for specific major 
     Federal actions.''.

     SEC. 5025. JUDICIAL REVIEW.

       (a) Definitions.--In this section:
       (1) Agency action.--The term ``agency action'' has the 
     meaning given the term in section 551 of title 5, United 
     States Code.
       (2) Energy related action.--The term ``energy-related 
     action'' means a civil action that--
       (A) is filed on or after the date of enactment of this Act; 
     and
       (B) seeks judicial review of a final agency action relating 
     to the issuance of a permit, license, or other form of agency 
     permission allowing--
       (i) any person or entity to conduct on Indian Land 
     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; or
       (ii) any Indian Tribe, or any organization of 2 or more 
     entities, not less than 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.
       (3) Indian land.--
       (A) In general.--The term ``Indian land'' has the meaning 
     given the term in section 2601 of the Energy Policy Act of 
     1992 (25 U.S.C. 3501).
       (B) Inclusion.--The term ``Indian land'' includes land 
     owned by a Native Corporation (as that term is defined in 
     section 3 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1602)) under that Act (43 U.S.C. 1601 et seq.).
       (4) Ultimately prevail.--
       (A) In general.--The term ``ultimately prevail'' means, in 
     a final enforceable judgment that the court rules in the 
     party's favor on at least 1 civil claim that is an underlying 
     rationale for the preliminary injunction, administrative 
     stay, or other relief requested by the party.
       (B) Exclusion.--The term ``ultimately prevail'' does not 
     include circumstances in which the final agency action is 
     modified or amended by the issuing agency unless the 
     modification or amendment is required pursuant to a final 
     enforceable judgment of the court or a court-ordered consent 
     decree.
       (b) Time for Filing Complaint.--
       (1) In general.--Any energy related action shall be filed 
     not later than the end of the 60-day period beginning on the 
     date of the action or decision by a Federal official that 
     constitutes the covered energy project concerned.
       (2) Prohibition.--Any energy related action that is not 
     filed within the time period described in paragraph (1) shall 
     be barred.
       (c) District Court Venue and Deadline.--An energy related 
     action--
       (1) may only 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 the energy related 
     action is filed.
       (d) Appellate Review.--An interlocutory order or final 
     judgment, decree or order of the district court in an energy 
     related action--
       (1) may be appealed to the United States Court of Appeals 
     for the District of Columbia Circuit; and
       (2) if the court described in paragraph (1) undertakes the 
     review, the court shall resolve the review as expeditiously 
     as possible, and in any event by not later than 180 days 
     after the interlocutory order or final judgment, decree or 
     order of the district court was issued.
       (e) 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.
       (f) Limitation on Attorneys' Fees and Court Costs.--
       (1) In general.--Sections 504 of title 5 and 2412 of title 
     28, United States Code (commonly known as the ``Equal Access 
     to Justice Act''), shall not apply to an energy related 
     action.
       (2) Court costs.--A party to a covered civil action shall 
     not receive payment from the Federal Government for the 
     attorneys' fees, expenses, or other court costs incurred by 
     the party.

     SEC. 5026. TRIBAL RESOURCE MANAGEMENT PLANS.

       Unless otherwise explicitly exempted by Federal law enacted 
     after the date of 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. 5027. 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) (commonly known 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 years, except'' 
     and all that follows through ``; and'' 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 the lease may 
     include an option to renew for 1 additional term not to 
     exceed 25 years.''.

     SEC. 5028. NONAPPLICABILITY OF CERTAIN RULES.

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

              Subtitle C--Additional Regulatory Provisions

           PART I--STATE AUTHORITY OVER HYDRAULIC FRACTURING

     SEC. 5031. FINDING.

       Congress finds that given variations in geology, land use, 
     and population, the States are best placed to regulate the 
     process of hydraulic fracturing occurring on any land within 
     the boundaries of the individual State.

     SEC. 5032. STATE AUTHORITY.

       (a) Definition of Federal Land.--In this section, the term 
     ``Federal land'' means--
       (1) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702));
       (2) National Forest System land;
       (3) land under the jurisdiction of the Bureau of 
     Reclamation; and
       (4) land under the jurisdiction of the Corps of Engineers.
       (b) State Authority.--
       (1) In general.--Notwithstanding any other provision of 
     law, a State shall have the sole authority to promulgate or 
     enforce any regulation, guidance, or permit requirement 
     regarding the treatment of a well by the application of 
     fluids under pressure to which propping agents may be added 
     for the expressly designed purpose of initiating or 
     propagating fractures in a target geologic formation in order 
     to enhance production of oil, natural gas, or geothermal 
     production activities on or under any land within the 
     boundaries of the State.
       (2) Federal land.--Notwithstanding any other provision of 
     law, the treatment of a

[[Page S2669]]

     well by the application of fluids under pressure to which 
     propping agents may be added for the expressly designed 
     purpose of initiating or propagating fractures in a target 
     geologic formation in order to enhance production of oil, 
     natural gas, or geothermal production activities on Federal 
     land shall be subject to the law of the State in which the 
     land is located.

                   PART II--MISCELLANEOUS PROVISIONS

     SEC. 5041. ENVIRONMENTAL LEGAL FEES.

       Section 504 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(g) Environmental Legal Fees.--Notwithstanding section 
     1304 of title 31, no award may be made under this section and 
     no amounts may be obligated or expended from the Claims and 
     Judgment Fund of the Treasury to pay any legal fees of a 
     nongovernmental organization related to an action that (with 
     respect to the United States)--
       ``(1) prevents, terminates, or reduces access to or the 
     production of--
       ``(A) energy;
       ``(B) a mineral resource;
       ``(C) water by agricultural producers;
       ``(D) a resource by commercial or recreational fishermen; 
     or
       ``(E) grazing or timber production on Federal land;
       ``(2) diminishes the private property value of a property 
     owner; or
       ``(3) eliminates or prevents 1 or more jobs.''.

     SEC. 5042. MASTER LEASING PLANS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of the Interior, acting through the Bureau 
     of Land Management, shall not establish a master leasing plan 
     as part of any guidance issued by the Secretary.
       (b) Existing Master Leasing Plans.--Instruction Memorandum 
     No. 2010-117 and any other master leasing plan described in 
     subsection (a) issued on or before the date of enactment of 
     this Act shall have no force or effect.

        TITLE VI--IMPROVING AMERICA'S DOMESTIC REFINING CAPACITY

                 Subtitle A--Refinery Permitting Reform

     SEC. 6001. FINDING.

       Congress finds that the domestic refining industry is an 
     important source of jobs and economic growth and whose growth 
     should not be limited by an excessively drawn out permitting 
     and approval process.

     SEC. 6002. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Expansion.--The term ``expansion'' means a physical 
     change that results in an increase in the capacity of a 
     refinery.
       (3) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (4) Permit.--The term ``permit'' means any permit, license, 
     approval, variance, or other form of authorization that a 
     refiner is required to obtain--
       (A) under any Federal law; or
       (B) from a State or tribal government agency delegated 
     authority by the Federal Government, or authorized under 
     Federal law, to issue permits.
       (5) Refiner.--The term ``refiner'' means a person that--
       (A) owns or operates a refinery; or
       (B) seeks to become an owner or operator of a refinery.
       (6) Refinery.--
       (A) In general.--The term ``refinery'' means--
       (i) a facility at which crude oil is refined into 
     transportation fuel or other petroleum products; and
       (ii) a coal liquification or coal-to-liquid facility at 
     which coal is processed into synthetic crude oil or any other 
     fuel.
       (B) Inclusion.--The term ``refinery'' includes an expansion 
     of a refinery.
       (7) Refinery permitting agreement.--The term ``refinery 
     permitting agreement'' means an agreement entered into 
     between the Administrator and a State or Indian tribe under 
     subsection (c).
       (8) State.--The term ``State'' means--
       (A) a State; and
       (B) the District of Columbia.

     SEC. 6003. STREAMLINING OF REFINERY PERMITTING PROCESS.

       (a) In General.--At the request of the Governor of a State 
     or the governing body of an Indian tribe, the Administrator 
     shall enter into a refinery permitting agreement with the 
     State or Indian tribe under which the process for obtaining 
     all permits necessary for the construction and operation of a 
     refinery shall be streamlined using a systematic, 
     interdisciplinary multimedia approach, as provided in this 
     section.
       (b) Authority of Administrator.--Under a refinery 
     permitting agreement, the Administrator shall have the 
     authority, as applicable and necessary--
       (1) to accept from a refiner a consolidated application for 
     all permits that the refiner is required to obtain to 
     construct and operate a refinery;
       (2) in consultation and cooperation with each Federal, 
     State, or tribal government agency that is required to make 
     any determination to authorize the issuance of a permit, to 
     establish a schedule under which each agency shall--
       (A) concurrently consider, to the maximum extent 
     practicable, each determination to be made; and
       (B) complete each step in the permitting process; and
       (3) to issue a consolidated permit that combines all 
     permits issued under the schedule established under paragraph 
     (2).
       (c) Refinery Permitting Agreements.--Under a refinery 
     permitting agreement, a State or governing body of an Indian 
     tribe shall agree that--
       (1) the Administrator shall have each of the authorities 
     described in subsection (b); and
       (2) the State or tribal government agency shall--
       (A) in accordance with State law, make such structural and 
     operational changes in the agencies as are necessary to 
     enable the agencies to carry out consolidated, project-wide 
     permit reviews concurrently and in coordination with the 
     Environmental Protection Agency and other Federal agencies; 
     and
       (B) comply, to the maximum extent practicable, with the 
     applicable schedule established under subsection (b)(2).
       (d) Deadlines.--
       (1) New refineries.--In the case of a consolidated permit 
     for the construction of a new refinery, the Administrator and 
     the State or governing body of an Indian tribe shall approve 
     or disapprove the consolidated permit not later than--
       (A) 365 days after the date of receipt of an 
     administratively complete application for the consolidated 
     permit; or
       (B) on agreement of the applicant, the Administrator, and 
     the State or governing body of the Indian tribe, 90 days 
     after the expiration of the deadline described in 
     subparagraph (A).
       (2) Expansion of existing refineries.--In the case of a 
     consolidated permit for the expansion of an existing 
     refinery, the Administrator and the State or governing body 
     of an Indian tribe shall approve or disapprove the 
     consolidated permit not later than--
       (A) 120 days after the date of receipt of an 
     administratively complete application for the consolidated 
     permit; or
       (B) on agreement of the applicant, the Administrator, and 
     the State or governing body of the Indian tribe, 30 days 
     after the expiration of the deadline described in 
     subparagraph (A).
       (e) Federal Agencies.--Each Federal agency that is required 
     to make any determination to authorize the issuance of a 
     permit shall comply with the applicable schedule established 
     under subsection (b)(2).
       (f) Judicial Review.--Any civil action for review of a 
     permit determination under a refinery permitting agreement 
     shall be brought exclusively in the United States district 
     court for the district in which the refinery is located or 
     proposed to be located.
       (g) Efficient Permit Review.--In order to reduce the 
     duplication of procedures, the Administrator shall use State 
     permitting and monitoring procedures to satisfy substantially 
     equivalent Federal requirements under this subtitle.
       (h) Severability.--If 1 or more permits that are required 
     for the construction or operation of a refinery are not 
     approved on or before an applicable deadline under subsection 
     (d), the Administrator may issue a consolidated permit that 
     combines all other permits that the refiner is required to 
     obtain, other than any permits that are not approved.
       (i) Consultation With Local Governments.--The 
     Administrator, States, and tribal governments shall consult, 
     to the maximum extent practicable, with local governments in 
     carrying out this section.
       (j) Effect of Section.--Nothing in this section affects--
       (1) the operation or implementation of any otherwise 
     applicable law regarding permits necessary for the 
     construction and operation of a refinery;
       (2) the authority of any unit of local government with 
     respect to the issuance of permits; or
       (3) any requirement or ordinance of a local government 
     (such as a zoning regulation).

             Subtitle B--Repeal of Renewable Fuel Standard

     SEC. 6011. FINDINGS.

       Congress finds that the mandates under the renewable fuel 
     standard contained in section 211(o) of the Clean Air Act (42 
     U.S.C. 7545(o))--
       (1) impose significant costs on American citizens and the 
     American economy, without offering any benefit; and
       (2) should be repealed.

     SEC. 6012. PHASE OUT OF RENEWABLE FUEL STANDARD.

       (a) In General.--Section 211(o) of the Clean Air Act (42 
     U.S.C. 7545(o)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) by striking clause (ii); and
       (ii) by redesignating clauses (iii) and (iv) as clauses 
     (ii) and (iii), respectively; and
       (B) in subparagraph (B), by striking clauses (ii) through 
     (v) and inserting the following:
       ``(ii) Calendar years 2014 through 2018.--Notwithstanding 
     clause (i), for purposes of subparagraph (A), the applicable 
     volumes of renewable fuel for each of calendar years 2014 
     through 2018 shall be determined as follows:

       ``(I) For calendar year 2014, in accordance with the table 
     entitled `I-2--Proposed 2014 Volume Requirements' of the 
     proposed rule published at pages 71732 through 71784 of 
     volume 78 of the Federal Register (November 29, 2013).

[[Page S2670]]

       ``(II) For calendar year 2015, the applicable volumes 
     established under subclause (I), reduced by 20 percent.
       ``(III) For calendar year 2016, the applicable volumes 
     established under subclause (I), reduced by 40 percent.
       ``(IV) For calendar year 2017, the applicable volumes 
     established under subclause (I), reduced by 60 percent.
       ``(V) For calendar year 2018, the applicable volumes 
     established under subclause (I), reduced by 80 percent.'';

       (2) in paragraph (3)--
       (A) by striking ``2021'' and inserting ``2017'' each place 
     it appears; and
       (B) in subparagraph (B)(i), by inserting ``, subject to the 
     condition that the renewable fuel obligation determined for a 
     calendar year is not more than the applicable volumes 
     established under paragraph (2)(B)(ii)'' before the period; 
     and
       (3) by adding at the end the following:
       ``(13) Sunset.--The program established under this 
     subsection shall terminate on December 31, 2018.''.
       (b) Regulations.--Effective beginning on January 1, 2019, 
     the regulations contained in subparts K and M of part 80 of 
     title 40, Code of Federal Regulations (as in effect on that 
     date of enactment), shall have no force or effect.

                   TITLE VII--STOPPING EPA OVERREACH

     SEC. 7001. FINDINGS.

       Congress finds that--
       (1) the Environmental Protection Agency has exceeded its 
     statutory authority by promulgating regulations that were not 
     contemplated by Congress in the authorizing language of the 
     statutes enacted by Congress;
       (2) no Federal agency has the authority to regulate 
     greenhouse gases under current law; and
       (3) no attempt to regulate greenhouse gases should be 
     undertaken without further Congressional action.

     SEC. 7002. CLARIFICATION OF FEDERAL REGULATORY AUTHORITY TO 
                   EXCLUDE GREENHOUSE GASES FROM REGULATION UNDER 
                   THE CLEAN AIR ACT.

       (a) Repeal of Federal Climate Change Regulation.--
       (1) Greenhouse gas regulation under clean air act.--Section 
     302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is amended--
       (A) by striking ``(g) The term'' and inserting the 
     following:
       ``(g) Air Pollutant.--
       ``(1) In general.--The term''; and
       (B) by adding at the end the following:
       ``(2) Exclusion.--The term `air pollutant' does not include 
     carbon dioxide, water vapor, methane, nitrous oxide, 
     hydrofluorocarbons, perfluorocarbons, or sulfur 
     hexafluoride.''.
       (2) No regulation of climate change.--Notwithstanding any 
     other provision of law, nothing in any of the following Acts 
     or any other law authorizes or requires the regulation of 
     climate change or global warming:
       (A) The Clean Air Act (42 U.S.C. 7401 et seq.).
       (B) The Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.).
       (C) The National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (D) The Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).
       (E) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
       (b) Effect on Proposed Rules of the EPA.--In accordance 
     with this section, the following proposed or contemplated 
     rules (or any similar or successor rules) of the 
     Environmental Protection Agency shall be void and have no 
     force or effect:
       (1) The proposed rule entitled ``Standards of Performance 
     for Greenhouse Gas Emissions From New Stationary Sources: 
     Electric Utility Generating Units'' (published at 79 Fed. 
     Reg. 1430 (January 8, 2014)).
       (2) The contemplated rules on carbon pollution for existing 
     power plants.
       (3) Any other contemplated or proposed rules proposed to be 
     issued pursuant to the purported authority described in 
     subsection (a)(2).

     SEC. 7003. JOBS ANALYSIS FOR ALL EPA REGULATIONS.

       (a) In General.--Before proposing or finalizing any 
     regulation, rule, or policy, the Administrator of the 
     Environmental Protection Agency shall provide an analysis of 
     the regulation, rule, or policy and describe the direct and 
     indirect net and gross impact of the regulation, rule, or 
     policy on employment in the United States.
       (b) Limitation.--No regulation, rule, or policy described 
     in subsection (a) shall take effect if the regulation, rule, 
     or policy has a negative impact on employment in the United 
     States unless the regulation, rule, or policy is approved by 
     Congress and signed by the President.

                     TITLE VIII--DEBT FREEDOM FUND

     SEC. 8001. FINDINGS.

       Congress finds that--
       (1) the national debt being over $17,000,000,000,000 in 
     2014--
       (A) threatens the current and future prosperity of the 
     United States;
       (B) undermines the national security interests of the 
     United States; and
       (C) imposes a burden on future generations of United States 
     citizens; and
       (2) revenue generated from the development of the natural 
     resources in the United States should be used to reduce the 
     national debt.

     SEC. 8002. DEBT FREEDOM FUND.

       Notwithstanding any other provision of law, in accordance 
     with all revenue sharing arrangement with States in effect on 
     the date of enactment of this Act, an amount equal to the 
     additional amount of Federal funds generated by the programs 
     and activities under this division (and the amendments made 
     by this division)--
       (1) shall be deposited in a special trust fund account in 
     the Treasury, to be known as the ``Debt Freedom Fund''; and
       (2) shall not be withdrawn for any purpose other than to 
     pay down the national debt of the United States, for which 
     purpose payments shall be made expeditiously.
                                 ______
                                 
  SA 2977. Mr. INHOFE (for himself and Mr. Vitter) submitted an 
amendment intended to be proposed by him to the bill S. 2262, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 133, after line 25, add the following:

                   Subtitle F--Energy Tax Prevention

     SEC. 451. SHORT TITLE.

       This subtitle may be cited as the ``Energy Tax Prevention 
     Act of 2014''.

     SEC. 452. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

       (a) In General.--Title III of the Clean Air Act (42 U.S.C. 
     7601 et seq.) is amended by adding at the end the following:

     ``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

       ``(a) Definition.--In this section, the term `greenhouse 
     gas' means any of the following:
       ``(1) Water vapor.
       ``(2) Carbon dioxide.
       ``(3) Methane.
       ``(4) Nitrous oxide.
       ``(5) Sulfur hexafluoride.
       ``(6) Hydrofluorocarbons.
       ``(7) Perfluorocarbons.
       ``(8) Any other substance subject to, or proposed to be 
     subject to, regulation, action, or consideration under this 
     Act to address climate change.
       ``(b) Limitations on Agency Action.--
       ``(1) Limitations.--
       ``(A) In general.--The Administrator may not--
       ``(i) promulgate any regulation under this Act concerning, 
     take action relating to, or take into consideration the 
     emission of a greenhouse gas to address climate change, ocean 
     acidification, sea level rise, or any other effect alleged to 
     be caused by climate change; or
       ``(ii)(I) regulate the emission of methane from oil and gas 
     industry at any point along the production, distribution, 
     processing, refining, or transport value chain; or
       ``(II) take any regulatory, enforcement, or official action 
     to carry out the Climate Action Plan Strategy to Reduce 
     Methane Emissions of the President (March 2014).
       ``(B) Air pollutant definition.--The definition of the term 
     `air pollutant' in section 302(g) does not include a 
     greenhouse gas. Notwithstanding the previous sentence, such 
     definition may include a greenhouse gas for purposes of 
     addressing concerns other than climate change.
       ``(2) Exceptions.--Paragraph (1) does not prohibit the 
     following:
       ``(A) Notwithstanding paragraph (4)(B), implementation and 
     enforcement of the rule entitled `Light-Duty Vehicle 
     Greenhouse Gas Emission Standards and Corporate Average Fuel 
     Economy Standards' (75 Fed. Reg. 25324 (May 7, 2010) and 
     without further revision) and finalization, implementation, 
     enforcement, and revision of the proposed rule entitled 
     `Greenhouse Gas Emissions Standards and Fuel Efficiency 
     Standards for Medium- and Heavy-Duty Engines and Vehicles' 
     published at 75 Fed. Reg. 74152 (November 30, 2010).
       ``(B) Implementation and enforcement of section 211(o).
       ``(C) Statutorily authorized Federal research, development, 
     and demonstration programs addressing climate change.
       ``(D) Implementation and enforcement of title VI to the 
     extent such implementation or enforcement only involves one 
     or more class I or class II substances (as such terms are 
     defined in section 601).
       ``(E) Implementation and enforcement of section 821 (42 
     U.S.C. 7651k note) of Public Law 101-549 (commonly referred 
     to as the `Clean Air Act Amendments of 1990').
       ``(3) Inapplicability of provisions.--Nothing listed in 
     paragraph (2) shall cause a greenhouse gas to be subject to 
     part C of title I (relating to prevention of significant 
     deterioration of air quality) or considered an air pollutant 
     for purposes of title V (relating to air permits).
       ``(4) Certain prior agency actions.--The following rules, 
     and actions (including any supplement or revision to such 
     rules and actions) are repealed and shall have no legal 
     effect:
       ``(A) `Mandatory Reporting of Greenhouse Gases', published 
     at 74 Fed. Reg. 56260 (October 30, 2009) and all other rules 
     or guidance regarding the greenhouse gas reporting program of 
     the Administrator.
       ``(B) `Endangerment and Cause or Contribute Findings for 
     Greenhouse Gases under section 202(a) of the Clean Air Act' 
     published at 74 Fed. Reg. 66496 (Dec. 15, 2009).
       ``(C) `Reconsideration of the Interpretation of Regulations 
     That Determine Pollutants Covered by Clean Air Act Permitting 
     Programs' published at 75 Fed. Reg. 17004 (April 2, 2010) and 
     the memorandum from Stephen

[[Page S2671]]

     L. Johnson, Environmental Protection Agency (EPA) 
     Administrator, to EPA Regional Administrators, concerning 
     `EPA's Interpretation of Regulations that Determine 
     Pollutants Covered by Federal Prevention of Significant 
     Deterioration (PSD) Permit Program' (Dec. 18, 2008).
       ``(D) `Prevention of Significant Deterioration and Title V 
     Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg. 
     31514 (June 3, 2010).
       ``(E) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Finding of Substantial 
     Inadequacy and SIP Call', published at 75 Fed. Reg. 77698 
     (December 13, 2010).
       ``(F) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Finding of Failure to 
     Submit State Implementation Plan Revisions Required for 
     Greenhouse Gases', published at 75 Fed. Reg. 81874 (December 
     29, 2010).
       ``(G) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Federal Implementation 
     Plan', published at 75 Fed. Reg. 82246 (December 30, 2010).
       ``(H) `Action To Ensure Authority To Implement Title V 
     Permitting Programs Under the Greenhouse Gas Tailoring Rule', 
     published at 75 Fed. Reg. 82254 (December 30, 2010).
       ``(I) `Determinations Concerning Need for Error Correction, 
     Partial Approval and Partial Disapproval, and Federal 
     Implementation Plan Regarding Texas Prevention of Significant 
     Deterioration Program', published at 75 Fed. Reg. 82430 
     (December 30, 2010).
       ``(J) `Limitation of Approval of Prevention of Significant 
     Deterioration Provisions Concerning Greenhouse Gas Emitting-
     Sources in State Implementation Plans; Final Rule', published 
     at 75 Fed. Reg. 82536 (December 30, 2010).
       ``(K) `Determinations Concerning Need for Error Correction, 
     Partial Approval and Partial Disapproval, and Federal 
     Implementation Plan Regarding Texas Prevention of Significant 
     Deterioration Program; Proposed Rule', published at 75 Fed. 
     Reg. 82365 (December 30, 2010).
       ``(L) `Determinations Concerning Need for Error Correction, 
     Partial Approval and Partial Disapproval, and Federal 
     Implementation Plan Regarding Texas's Prevention of 
     Significant Deterioration Program', published at 76 Fed. Reg. 
     25178 (May 3, 2011).
       ``(M) Proposed rule on `Standards of Performance for 
     Greenhouse Gas Emissions for New Stationary Sources: Electric 
     Utility Generating Units', published at 77 Fed. Reg. 22392 
     (Apr. 13, 2012).
       ``(N) `Prevention of Significant Deterioration and Title V 
     Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide 
     Applicability Limits', published at 77 Fed. Reg. 41051 (July 
     12, 2012).
       ``(O) Proposed rule on `Standards of Performance for 
     Greenhouse Gas Emissions From New Stationary Sources: 
     Electric Utility Generating Units', published at 79 Fed. Reg. 
     1430 (Jan. 8, 2014).
       ``(P) `Social Cost of Carbon for Regulatory Impact Analysis 
     Under Executive Order No. 12866' of the Interagency Working 
     Group on Social Cost of Carbon.
       ``(Q) `Draft NEPA Guidance on Consideration of the Effects 
     of Climate Change and Greenhouse Gas Emissions' of the 
     Council on Environmental Quality.
       ``(R) Except for action listed in paragraph (2), any other 
     Federal action under this Act occurring before the date of 
     enactment of this section that applies a stationary source 
     permitting requirement or an emissions standard for a 
     greenhouse gas to address climate change.
       ``(5) State action.--
       ``(A) No limitation.--This section does not limit or 
     otherwise affect the authority of a State to adopt, amend, 
     enforce, or repeal State laws and regulations pertaining to 
     the emission of a greenhouse gas.
       ``(B) Exception.--
       ``(i) Rule.--Notwithstanding subparagraph (A), any 
     provision described in clause (ii)--

       ``(I) is not federally enforceable;
       ``(II) is not deemed to be a part of Federal law; and
       ``(III) is deemed to be stricken from the plan described in 
     clause (ii)(I) or the program or permit described in clause 
     (ii)(II), as applicable.

       ``(ii) Provisions defined.--For purposes of clause (i), the 
     term `provision' means any provision that--

       ``(I) is contained in a State implementation plan under 
     section 110 and authorizes or requires a limitation on, or 
     imposes a permit requirement for, the emission of a 
     greenhouse gas to address climate change; or
       ``(II) is part of an operating permit program under title 
     V, or a permit issued pursuant to title V, and authorizes or 
     requires a limitation on the emission of a greenhouse gas to 
     address climate change.

       ``(C) Action by administrator.--The Administrator may not 
     approve or make federally enforceable any provision described 
     in subparagraph (B)(ii).''.

     SEC. 453. PRESERVING 1 NATIONAL STANDARD FOR AUTOMOBILES.

       Section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)) is 
     amended by adding at the end the following:
       ``(4) Greenhouse gases.--With respect to standards for 
     emissions of greenhouse gases (as defined in section 330) for 
     model year 2017 or any subsequent model year for new motor 
     vehicles and new motor vehicle engines--
       ``(A) the Administrator may not waive application of 
     subsection (a); and
       ``(B) no waiver granted prior to the date of enactment of 
     this paragraph may be considered to waive the application of 
     subsection (a).''.
                                 ______
                                 
  SA 2978. Mr. INHOFE (for himself and Mr. Levin) submitted an 
amendment intended to be proposed by him to the bill S. 2262, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Alternative Fuel Vehicle 
     Development Act''.

     SEC. 602. ALTERNATIVE FUEL VEHICLES.

       (a) Maximum Fuel Economy Increase for Alternative Fuel 
     Automobiles.--Section 32906(a) of title 49, United States 
     Code, is amended by striking ``(except an electric 
     automobile)'' and inserting ``(except an electric automobile 
     or, beginning with model year 2016, an alternative fueled 
     automobile that does not use a fuel described in subparagraph 
     (A), (B), (C), or (D) of section 32901(a)(1))''.
       (b) Minimum Driving Ranges for Dual Fueled Passenger 
     Automobiles.--Section 32901(c)(2) of title 49, United States 
     Code, is amended--
       (1) in subparagraph (B), by inserting ``, except that 
     beginning with model year 2016, alternative fueled 
     automobiles that do not use a fuel described in subparagraph 
     (A), (B), (C), or (D) of subsection (a)(1) shall have a 
     minimum driving range of 150 miles'' after ``at least 200 
     miles''; and
       (2) in subparagraph (C), by adding at the end the 
     following: ``Beginning with model year 2016, if the Secretary 
     prescribes a minimum driving range of 150 miles for 
     alternative fueled automobiles that do not use a fuel 
     described in subparagraph (A), (B), (C), or (D) of subsection 
     (a)(1), subparagraph (A) shall not apply to dual fueled 
     automobiles (except electric automobiles).''.
       (c) Manufacturing Provision for Alternative Fuel 
     Automobiles.--Section 32905(d) of title 49, United States 
     Code, is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by striking ``For any model'' and inserting the 
     following:
       ``(1) Model years 1993 through 2015.--For any model'';
       (3) in paragraph (1), as redesignated, by striking ``2019'' 
     and inserting ``2015''; and
       (4) by adding at the end the following:
       ``(2) Model years after 2015.--For any model of gaseous 
     fuel dual fueled automobile manufactured by a manufacturer 
     after model year 2015, the Administrator shall calculate fuel 
     economy as a weighted harmonic average of the fuel economy on 
     gaseous fuel as measured under subsection (c) and the fuel 
     economy on gasoline or diesel fuel as measured under section 
     32904(c). The Administrator shall apply the utility factors 
     set forth in the table under section 600.510-12(c)(2)(vii)(A) 
     of title 40, Code of Federal Regulations.
       ``(3) Model years after 2016.--Beginning with model year 
     2017, the manufacturer may elect to utilize the utility 
     factors set forth under subsection (e)(1) for the purposes of 
     calculating fuel economy under paragraph (2).''.
       (d) Electric Dual Fueled Automobiles.--Section 32905 of 
     title 49, United States Code, is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following:
       ``(e) Electric Dual Fueled Automobiles.--
       ``(1) In general.--At the request of the manufacturer, the 
     Administrator may measure the fuel economy for any model of 
     dual fueled automobile manufactured after model year 2015 
     that is capable of operating on electricity in addition to 
     gasoline or diesel fuel, obtains its electricity from a 
     source external to the vehicle, and meets the minimum driving 
     range requirements established by the Secretary for dual 
     fueled electric automobiles, by dividing 1.0 by the sum of--
       ``(A) the percentage utilization of the model on gasoline 
     or diesel fuel, as determined by a formula based on the 
     model's alternative fuel range, divided by the fuel economy 
     measured under section 32904(c); and
       ``(B) the percentage utilization of the model on 
     electricity, as determined by a formula based on the model's 
     alternative fuel range, divided by the fuel economy measured 
     under section 32904(a)(2).
       ``(2) Alternative utilization.--The Administrator may adapt 
     the utility factor established under paragraph (1) for 
     alternative fueled automobiles that do not use a fuel 
     described in subparagraph (A), (B), (C), or (D) of section 
     32901(a)(1))''.
       ``(3) Alternative calculation.--If the manufacturer does 
     not request that the Administrator calculate the 
     manufacturing incentive for its electric dual fueled 
     automobiles in accordance with paragraph (1), the 
     Administrator shall calculate such incentive for such 
     automobiles manufactured by such manufacturer after model 
     year 2015 in accordance with subsection (b).''.

[[Page S2672]]

       (e) Conforming Amendment.--Section 32906(b) of title 49, 
     United States Code, is amended by striking ``section 
     32905(e)'' and inserting ``section 32905(f)''.

     SEC. 603. HIGH OCCUPANCY VEHICLE FACILITIES.

       Section 166 of title 23, United States Code, is amended--
       (1) in subparagraph (b)(5), by striking subparagraph (A) 
     and inserting the following:
       ``(A) Inherently low-emission vehicles.--If a State agency 
     establishes procedures for enforcing the restrictions on the 
     use of a HOV facility by vehicles listed in clauses (i) and 
     (ii), the State agency may allow the use of the HOV facility 
     by--
       ``(i) alternative fuel vehicles; and
       ``(ii) new qualified plug-in electric drive motor vehicles 
     (as defined in section 30D(d)(1) of the Internal Revenue Code 
     of 1986).''; and
       (2) in subparagraph (f)(1), by inserting ``solely'' before 
     ``operating''.

     SEC. 604. STUDY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Energy, after consultation with 
     the Secretary of Transportation, shall submit a report to 
     Congress that--
       (1) describes options to incentivize the development of 
     public compressed natural gas fueling stations; and
       (2) analyzes a variety of possible financing tools, which 
     could include--
       (A) Federal grants and credit assistance;
       (B) public-private partnerships; and
       (C) membership-based cooperatives.
                                 ______
                                 
  SA 2979. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of the amendment, add the following:

     SEC. . ANALYSIS OF EMPLOYMENT EFFECTS UNDER THE CLEAN AIR 
                   ACT.

       (a) Findings.--Congress finds that--
       (1) the Environmental Protection Agency has systematically 
     distorted the true impact of regulations promulgated by the 
     Environmental Protection Agency under the Clean Air Act (42 
     U.S.C. 7401 et seq.) on job creation by using incomplete 
     analyses to assess effects on employment, primarily as a 
     result of the Environmental Protection Agency failing to take 
     into account the cascading effects of a regulatory change 
     across interconnected industries and markets nationwide;
       (2) despite the Environmental Protection Agency finding 
     that the impact of certain air pollution regulations will 
     result in net job creation, implementation of the air 
     pollution regulations will actually require billions of 
     dollars in compliance costs, resulting in reduced business 
     profits and millions of actual job losses;
       (3)(A) the analysis of the Environmental Protection Agency 
     of the final rule of the Agency entitled ``National Emission 
     Standards for Hazardous Air Pollutants From Coal- and Oil-
     Fired Electric Utility Steam Generating Units and Standards 
     of Performance for Fossil-Fuel-Fired Electric Utility, 
     Industrial-Commercial-Institutional, and Small Industrial-
     Commercial-Institutional Steam Generating Units'' (77 Fed. 
     Reg. 9304 (Feb. 16, 2012)) estimated that implementation of 
     the final rule would result in the creation of 46,000 
     temporary construction jobs and 8,000 net new permanent jobs; 
     but
       (B) a private study conducted by NERA Economic Consulting, 
     using a ``whole economy'' model, estimated that 
     implementation of the final rule described in subparagraph 
     (A) would result in a negative impact on the income of 
     workers in an amount equivalent to 180,000 to 215,000 lost 
     jobs in 2015 and 50,000 to 85,000 lost jobs each year 
     thereafter;
       (4)(A) the analysis of the Environmental Protection Agency 
     of the final rule of the Agency entitled ``Federal 
     Implementation Plans: Interstate Transport of Fine 
     Particulate Matter and Ozone and Correction of SIP 
     Approvals'' (76 Fed. Reg. 48208 (Aug. 8, 2011)) estimated 
     that implementation of the final rule would result in the 
     creation of 700 jobs per year; but
       (B) a private study conducted by NERA Economic Consulting 
     estimated that implementation of the final rule described in 
     subparagraph (A) would result in the elimination of a total 
     of 34,000 jobs during the period beginning in calendar year 
     2013 and ending in calendar year 2037;
       (5)(A) the analysis of the Environmental Protection Agency 
     of the final rules of the Agency entitled ``National Emission 
     Standards for Hazardous Air Pollutants for Major Sources: 
     Industrial, Commercial, and Institutional Boilers and Process 
     Heaters'' (76 Fed. Reg. 1.5608 (March 21, 2011)) and 
     ``National Emission Standards for Hazardous Air. Pollutants 
     for Area Sources: Industrial, Commercial, and Institutional 
     Boilers'' (76 Fed. Reg. 15554 (March 21, 2011)) estimated 
     that implementation of the final rules would result in the 
     creation of 2,200 jobs per year; but
       (B) a private study conducted by NERA Economic Consulting 
     estimated that implementation of the final rules described in 
     subparagraph (A) would result in the elimination of 28,000 
     jobs per year during. the period beginning in calendar year 
     2013 and ending in calendar year 2037;
       (6) implementation of certain air pollution rules of the 
     Environmental Protection Agency that have not been reviewed, 
     updated, or finalized as of the date of enactment of this 
     Act, such as regulations on greenhouse gas emissions and the 
     update or review of national ambient air quality standards, 
     are predicted to result in significant and negative 
     employment impacts, but the Agency has not yet fully studied 
     or disclosed the full impacts of existing Agency regulations;
       (7) in reviewing, developing, or updating any regulations 
     promulgated under the Clean Air Act (42 U.S.C. 7401 et seq.) 
     after the date of enactment of this Act, the Environmental 
     Protection Agency must be required to accurately disclose the 
     adverse impact the existing regulations of the Agency will 
     have on jobs and employment levels across the economy in the 
     United States and disclose those impacts to the American 
     people before issuing a final rule; and
       (8) although since 1977, section 321(a) of the Clean Air 
     Act (42 U.S.C. 7621(a)) has required the Administrator of the 
     Environmental Protection Agency to ``conduct continuing 
     evaluations of potential loss or shifts of employment which 
     may result from the administration or enforcement of the 
     provision of [the Clean Air Act] and applicable 
     implementation plans, including where appropriate, 
     investigating threatened plant closures or reductions in 
     employment allegedly resulting from such administration or 
     enforcement'', the Environmental Protection Agency has failed 
     to undertake that analysis or conduct a comprehensive study 
     that considers the impact of programs carried out under the 
     Clean Air Act (42 U.S.C. 7491. et seq.) on jobs and changes 
     in employment.
       (b) Prohibition.--The Administrator of the Environmental 
     Protection Agency shall not propose or finalize any major 
     rule (as defined in section 804 of title 5, United States 
     Code) under the Clean Air Act (42 U.S.C. 7401 et seq.) until 
     after the date on which the Administrator--
       (1) completes an economy-wide analysis capturing the costs 
     and cascading effects across industry sectors and markets in 
     the United States of the implementation of major rules 
     promulgated under the Clean Air Act (42 7401 et seq.); and
       (2) establishes a process to update that analysis not less 
     frequently than semiannually, so as to provide for the 
     continuing evaluation of potential loss or shifts in 
     employment, pursuant to section 321(a) of the Clean Air Act 
     (42 U.S.C. 7621(a)), that may result from the implementation 
     of major rules under the Clean Air Act (42 U.S.C. 7401 et 
     seq.).
                                 ______
                                 
  SA 2980. Mr. INHOFE (for himself and Mr. Carper) submitted an 
amendment intended to be proposed by him to the bill S. 2262, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title III, insert the 
     following:

     SEC. 30__. FEDERAL PURCHASE REQUIREMENT.

       Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 
     15852) is amended--
       (1) in subsection (b), by striking paragraph (2) and 
     inserting the following:
       ``(2) Renewable energy.--The term `renewable energy' means 
     electric or thermal energy generated from, or avoided by, 
     solar, wind, biomass, landfill gas, ocean (including tidal, 
     wave, current, and thermal), geothermal, municipal solid 
     waste, or new hydroelectric generation capacity achieved from 
     increased efficiency or an addition of new capacity at an 
     existing hydroelectric project.''; and
       (2) in subsection (c)--
       (A) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and indenting 
     the subparagraphs appropriately;
       (B) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``For purposes'' and inserting the 
     following:
       ``(1) In general.--For purposes''; and
       (C) by adding at the end the following:
       ``(2) Separate calculation.--For purposes of determining 
     compliance with the requirements of this section, any energy 
     consumption that is avoided through the use of renewable 
     energy shall be considered to be renewable energy 
     produced.''.
                                 ______
                                 
  SA 2981. Mr. BARRASSO (for himself, Mr. Cornyn, Mr. Hoeven, Mr. 
Inhofe, and Ms. Murkowski) submitted an amendment intended to be 
proposed by him to the bill S. 2262, to promote energy savings in 
residential buildings and industry, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NATURAL GAS EXPORTS.

       (a) In General.--Section 3(c) of the Natural Gas Act (15 
     U.S.C. 717b(c)) is amended--
       (1) by striking ``(c) For purposes'' and inserting the 
     following:
       ``(c) Expedited Application and Approval Process.--
       ``(1) Definition of world trade organization member 
     country.--In this subsection, the term `World Trade 
     Organization member country' has the meaning given the term 
     `WTO member country' in section 2 of the Uruguay Round 
     Agreements Act (19 U.S.C. 3501).

[[Page S2673]]

       ``(2) Expedited application and approval process.--For 
     purposes''; and
       (2) in paragraph (2) (as so designated), by striking 
     ``nation with which there is in effect a free trade agreement 
     requiring national treatment for trade in natural gas'' and 
     inserting ``World Trade Organization member country''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to applications for the authorization to export 
     natural gas under section 3 of the Natural Gas Act (15 U.S.C. 
     717b) that are pending on, or filed on or after, the date of 
     enactment of this Act.
                                 ______
                                 
  SA 2982. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At end of the bill, add the following:

                      DIVISION B--SAVING COAL JOBS

     SEC. 2001. SHORT TITLE.

       This division may be cited as the ``Saving Coal Jobs Act of 
     2014''.

                  TITLE XXI--PROHIBITION ON ENERGY TAX

     SEC. 2101. PROHIBITION ON ENERGY TAX.

       (a) Findings; Purposes.--
       (1) Findings.--Congress finds that--
       (A) on June 25, 2013, President Obama issued a Presidential 
     memorandum directing the Administrator of the Environmental 
     Protection Agency to issue regulations relating to power 
     sector carbon pollution standards for existing coal fired 
     power plants;
       (B) the issuance of that memorandum circumvents Congress 
     and the will of the people of the United States;
       (C) any action to control emissions of greenhouse gases 
     from existing coal fired power plants in the United States by 
     mandating a national energy tax would devastate major sectors 
     of the economy, cost thousands of jobs, and increase energy 
     costs for low-income households, small businesses, and 
     seniors on fixed income;
       (D) joblessness increases the likelihood of hospital 
     visits, illnesses, and premature deaths;
       (E) according to testimony on June 15, 2011, before the 
     Committee on Environment and Public Works of the Senate by 
     Dr. Harvey Brenner of Johns Hopkins University, ``The 
     unemployment rate is well established as a risk factor for 
     elevated illness and mortality rates in epidemiological 
     studies performed since the early 1980s. In addition to 
     influences on mental disorder, suicide and alcohol abuse and 
     alcoholism, unemployment is also an important risk factor in 
     cardiovascular disease and overall decreases in life 
     expectancy.'';
       (F) according to the National Center for Health Statistics, 
     ``children in poor families were four times as likely to be 
     in fair or poor health as children that were not poor'';
       (G) any major decision that would cost the economy of the 
     United States millions of dollars and lead to serious 
     negative health effects for the people of the United States 
     should be debated and explicitly authorized by Congress, not 
     approved by a Presidential memorandum or regulations; and
       (H) any policy adopted by Congress should make United 
     States energy as clean as practicable, as quickly as 
     practicable, without increasing the cost of energy for 
     struggling families, seniors, low-income households, and 
     small businesses.
       (2) Purposes.--The purposes of this section are--
       (A) to ensure that--
       (i) a national energy tax is not imposed on the economy of 
     the United States; and
       (ii) struggling families, seniors, low-income households, 
     and small businesses do not experience skyrocketing 
     electricity bills and joblessness;
       (B) to protect the people of the United States, 
     particularly families, seniors, and children, from the 
     serious negative health effects of joblessness;
       (C) to allow sufficient time for Congress to develop and 
     authorize an appropriate mechanism to address the energy 
     needs of the United States and the potential challenges posed 
     by severe weather; and
       (D) to restore the legislative process and congressional 
     authority over the energy policy of the United States.
       (b) Presidential Memorandum.--Notwithstanding any other 
     provision of law, the head of a Federal agency shall not 
     promulgate any regulation relating to power sector carbon 
     pollution standards or any substantially similar regulation 
     on or after June 25, 2013, unless that regulation is 
     explicitly authorized by an Act of Congress.

                          TITLE XXII--PERMITS

     SEC. 2201. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

       (a) Applicability of Guidance.--Section 402 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1342) is amended by 
     adding at the end the following:
       ``(s) Applicability of Guidance.--
       ``(1) Definitions.--In this subsection:
       ``(A) Guidance.--
       ``(i) In general.--The term `guidance' means draft, 
     interim, or final guidance issued by the Administrator.
       ``(ii) Inclusions.--The term `guidance' includes--

       ``(I) the comprehensive guidance issued by the 
     Administrator and dated April 1, 2010;
       ``(II) the proposed guidance entitled `Draft Guidance on 
     Identifying Waters Protected by the Clean Water Act' and 
     dated April 28, 2011;
       ``(III) the final guidance proposed by the Administrator 
     and dated July 21, 2011; and
       ``(IV) any other document or paper issued by the 
     Administrator through any process other than the notice and 
     comment rulemaking process.

       ``(B) New permit.--The term `new permit' means a permit 
     covering discharges from a structure--
       ``(i) that is issued under this section by a permitting 
     authority; and
       ``(ii) for which an application is--

       ``(I) pending as of the date of enactment of this 
     subsection; or
       ``(II) filed on or after the date of enactment of this 
     subsection.

       ``(C) Permitting authority.--The term `permitting 
     authority' means--
       ``(i) the Administrator; or
       ``(ii) a State, acting pursuant to a State program that is 
     equivalent to the program under this section and approved by 
     the Administrator.
       ``(2) Permits.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, in making a determination whether to approve a new 
     permit or a renewed permit, the permitting authority--
       ``(i) shall base the determination only on compliance with 
     regulations issued by the Administrator or the permitting 
     authority; and
       ``(ii) shall not base the determination on the extent of 
     adherence of the applicant for the new permit or renewed 
     permit to guidance.
       ``(B) New permits.--If the permitting authority does not 
     approve or deny an application for a new permit by the date 
     that is 270 days after the date of receipt of the application 
     for the new permit, the applicant may operate as if the 
     application were approved in accordance with Federal law for 
     the period of time for which a permit from the same industry 
     would be approved.
       ``(C) Substantial completeness.--In determining whether an 
     application for a new permit or a renewed permit received 
     under this paragraph is substantially complete, the 
     permitting authority shall use standards for determining 
     substantial completeness of similar permits for similar 
     facilities submitted in fiscal year 2007.''.
       (b) State Permit Programs.--
       (1) In general.--Section 402 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1342) is amended by striking 
     subsection (b) and inserting the following:
       ``(b) State Permit Programs.--
       ``(1) In general.--At any time after the promulgation of 
     the guidelines required by section 304(a)(2), the Governor of 
     each State desiring to administer a permit program for 
     discharges into navigable waters within the jurisdiction of 
     the State may submit to the Administrator--
       ``(A) a full and complete description of the program the 
     State proposes to establish and administer under State law or 
     under an interstate compact; and
       ``(B) a statement from the attorney general (or the 
     attorney for those State water pollution control agencies 
     that have independent legal counsel), or from the chief legal 
     officer in the case of an interstate agency, that the laws of 
     the State, or the interstate compact, as applicable, provide 
     adequate authority to carry out the described program.
       ``(2) Approval.--The Administrator shall approve each 
     program for which a description is submitted under paragraph 
     (1) unless the Administrator determines that adequate 
     authority does not exist--
       ``(A) to issue permits that--
       ``(i) apply, and ensure compliance with, any applicable 
     requirements of sections 301, 302, 306, 307, and 403;
       ``(ii) are for fixed terms not exceeding 5 years;
       ``(iii) can be terminated or modified for cause, 
     including--

       ``(I) a violation of any condition of the permit;
       ``(II) obtaining a permit by misrepresentation or failure 
     to disclose fully all relevant facts; and
       ``(III) a change in any condition that requires either a 
     temporary or permanent reduction or elimination of the 
     permitted discharge; and

       ``(iv) control the disposal of pollutants into wells;
       ``(B)(i) to issue permits that apply, and ensure compliance 
     with, all applicable requirements of section 308; or
       ``(ii) to inspect, monitor, enter, and require reports to 
     at least the same extent as required in section 308;
       ``(C) to ensure that the public, and any other State the 
     waters of which may be affected, receives notice of each 
     application for a permit and an opportunity for a public 
     hearing before a ruling on each application;
       ``(D) to ensure that the Administrator receives notice and 
     a copy of each application for a permit;
       ``(E) to ensure that any State (other than the permitting 
     State), whose waters may be affected by the issuance of a 
     permit may submit written recommendations to the permitting 
     State and the Administrator with respect to any permit 
     application and, if any part of the written recommendations 
     are not accepted by the permitting State, that the permitting 
     State will notify the affected State and the Administrator in 
     writing of

[[Page S2674]]

     the failure of the State to accept the recommendations, 
     including the reasons for not accepting the recommendations;
       ``(F) to ensure that no permit will be issued if, in the 
     judgment of the Secretary of the Army (acting through the 
     Chief of Engineers), after consultation with the Secretary of 
     the department in which the Coast Guard is operating, 
     anchorage and navigation of any of the navigable waters would 
     be substantially impaired by the issuance of the permit;
       ``(G) to abate violations of the permit or the permit 
     program, including civil and criminal penalties and other 
     means of enforcement;
       ``(H) to ensure that any permit for a discharge from a 
     publicly owned treatment works includes conditions to require 
     the identification in terms of character and volume of 
     pollutants of any significant source introducing pollutants 
     subject to pretreatment standards under section 307(b) into 
     the treatment works and a program to ensure compliance with 
     those pretreatment standards by each source, in addition to 
     adequate notice, which shall include information on the 
     quality and quantity of effluent to be introduced into the 
     treatment works and any anticipated impact of the change in 
     the quantity or quality of effluent to be discharged from the 
     publicly owned treatment works, to the permitting agency of--
       ``(i) new introductions into the treatment works of 
     pollutants from any source that would be a new source (as 
     defined in section 306(a)) if the source were discharging 
     pollutants;
       ``(ii) new introductions of pollutants into the treatment 
     works from a source that would be subject to section 301 if 
     the source were discharging those pollutants; or
       ``(iii) a substantial change in volume or character of 
     pollutants being introduced into the treatment works by a 
     source introducing pollutants into the treatment works at the 
     time of issuance of the permit; and
       ``(I) to ensure that any industrial user of any publicly 
     owned treatment works will comply with sections 204(b), 307, 
     and 308.
       ``(3) Administration.--Notwithstanding paragraph (2), the 
     Administrator may not disapprove or withdraw approval of a 
     program under this subsection on the basis of the following:
       ``(A) The failure of the program to incorporate or comply 
     with guidance (as defined in subsection (s)(1)).
       ``(B) The implementation of a water quality standard that 
     has been adopted by the State and approved by the 
     Administrator under section 303(c).''.
       (2) Conforming amendments.--
       (A) Section 309 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1319) is amended--
       (i) in subsection (c)--

       (I) in paragraph (1)(A), by striking ``402(b)(8)'' and 
     inserting ``402(b)(2)(H)''; and
       (II) in paragraph (2)(A), by striking ``402(b)(8)'' and 
     inserting ``402(b)(2)(H)''; and

       (ii) in subsection (d), in the first sentence, by striking 
     ``402(b)(8)'' and inserting ``402(b)(2)(H)''.
       (B) Section 402(m) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1342(m)) is amended in the first sentence by 
     striking ``subsection (b)(8) of this section'' and inserting 
     ``subsection (b)(2)(H)''.
       (c) Suspension of Federal Program.--Section 402(c) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1342(c)) is 
     amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following:
       ``(4) Limitation on disapproval.--Notwithstanding 
     paragraphs (1) through (3), the Administrator may not 
     disapprove or withdraw approval of a State program under 
     subsection (b) on the basis of the failure of the following:
       ``(A) The failure of the program to incorporate or comply 
     with guidance (as defined in subsection (s)(1)).
       ``(B) The implementation of a water quality standard that 
     has been adopted by the State and approved by the 
     Administrator under section 303(c).''.
       (d) Notification of Administrator.--Section 402(d)(2) of 
     the Federal Water Pollution Control Act (33 U.S.C. 
     1342(d)(2)) is amended--
       (1) by striking ``(2)'' and all that follows through the 
     end of the first sentence and inserting the following:
       ``(2) Objection by administrator.--
       ``(A) In general.--Subject to subparagraph (C), no permit 
     shall issue if--
       ``(i) not later than 90 days after the date on which the 
     Administrator receives notification under subsection 
     (b)(2)(E), the Administrator objects in writing to the 
     issuance of the permit; or
       ``(ii) not later than 90 days after the date on which the 
     proposed permit of the State is transmitted to the 
     Administrator, the Administrator objects in writing to the 
     issuance of the permit as being outside the guidelines and 
     requirements of this Act.'';
       (2) in the second sentence, by striking ``Whenever the 
     Administrator'' and inserting the following:
       ``(B) Requirements.--If the Administrator''; and
       (3) by adding at the end the following:
       ``(C) Exception.--The Administrator shall not object to or 
     deny the issuance of a permit by a State under subsection (b) 
     or (s) based on the following:
       ``(i) Guidance, as that term is defined in subsection 
     (s)(1).
       ``(ii) The interpretation of the Administrator of a water 
     quality standard that has been adopted by the State and 
     approved by the Administrator under section 303(c).''.

     SEC. 2202. PERMITS FOR DREDGED OR FILL MATERIAL.

       (a) In General.--Section 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1344) is amended--
       (1) by striking the section heading and all that follows 
     through ``Sec. 404. (a) The Secretary may issue'' and 
     inserting the following:

     ``SEC. 404. PERMITS FOR DREDGED OR FILL MATERIAL.

       ``(a) Permits.--
       ``(1) In general.--The Secretary may issue''; and
       (2) in subsection (a), by adding at the end the following:
       ``(2) Deadline for approval.--
       ``(A) Permit applications.--
       ``(i) In general.--Except as provided in clause (ii), if an 
     environmental assessment or environmental impact statement, 
     as appropriate, is required under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary 
     shall--

       ``(I) begin the process not later than 90 days after the 
     date on which the Secretary receives a permit application; 
     and
       ``(II) approve or deny an application for a permit under 
     this subsection not later than the latter of--

       ``(aa) if an agency carries out an environmental assessment 
     that leads to a finding of no significant impact, the date on 
     which the finding of no significant impact is issued; or
       ``(bb) if an agency carries out an environmental assessment 
     that leads to a record of decision, 15 days after the date on 
     which the record of decision on an environmental impact 
     statement is issued.
       ``(ii) Processes.--Notwithstanding clause (i), regardless 
     of whether the Secretary has commenced an environmental 
     assessment or environmental impact statement by the date 
     described in clause (i)(I), the following deadlines shall 
     apply:

       ``(I) An environmental assessment carried out under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) shall be completed not later than 1 year after the 
     deadline for commencing the permit process under clause 
     (i)(I).
       ``(II) An environmental impact statement carried out under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) shall be completed not later than 2 years after the 
     deadline for commencing the permit process under clause 
     (i)(I).

       ``(B) Failure to act.--If the Secretary fails to act by the 
     deadline specified in clause (i) or (ii) of subparagraph 
     (A)--
       ``(i) the application, and the permit requested in the 
     application, shall be considered to be approved;
       ``(ii) the Secretary shall issue a permit to the applicant; 
     and
       ``(iii) the permit shall not be subject to judicial 
     review.''.
       (b) State Permitting Programs.--Section 404 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1344) is amended by 
     striking subsection (c) and inserting the following:
       ``(c) Authority of Administrator.--
       ``(1) In general.--Subject to paragraphs (2) through (4), 
     until the Secretary has issued a permit under this section, 
     the Administrator is authorized to prohibit the specification 
     (including the withdrawal of specification) of any defined 
     area as a disposal site, and deny or restrict the use of any 
     defined area for specification (including the withdrawal of 
     specification) as a disposal site, if the Administrator 
     determines, after notice and opportunity for public hearings, 
     that the discharge of the materials into the area will have 
     an unacceptable adverse effect on municipal water supplies, 
     shellfish beds or fishery areas (including spawning and 
     breeding areas), wildlife, or recreational areas.
       ``(2) Consultation.--Before making a determination under 
     paragraph (1), the Administrator shall consult with the 
     Secretary.
       ``(3) Findings.--The Administrator shall set forth in 
     writing and make public the findings of the Administrator and 
     the reasons of the Administrator for making any determination 
     under this subsection.
       ``(4) Authority of state permitting programs.--This 
     subsection shall not apply to any permit if the State in 
     which the discharge originates or will originate does not 
     concur with the determination of the Administrator that the 
     discharge will result in an unacceptable adverse effect as 
     described in paragraph (1).''.
       (c) State Programs.--Section 404(g)(1) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1344(g)(1)) is amended in 
     the first sentence by striking ``for the discharge'' and 
     inserting ``for all or part of the discharges''.

     SEC. 2203. IMPACTS OF ENVIRONMENTAL PROTECTION AGENCY 
                   REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC 
                   ACTIVITY.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Covered action.--The term ``covered action'' means any 
     of the following actions taken by the Administrator under the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.):
       (A) Issuing a regulation, policy statement, guidance, 
     response to a petition, or other requirement.
       (B) Implementing a new or substantially altered program.

[[Page S2675]]

       (3) More than a de minimis negative impact.--The term 
     ``more than a de minimis negative impact'' means the 
     following:
       (A) With respect to employment levels, a loss of more than 
     100 jobs, except that any offsetting job gains that result 
     from the hypothetical creation of new jobs through new 
     technologies or government employment may not be used in the 
     job loss calculation.
       (B) With respect to economic activity, a decrease in 
     economic activity of more than $1,000,000 over any calendar 
     year, except that any offsetting economic activity that 
     results from the hypothetical creation of new economic 
     activity through new technologies or government employment 
     may not be used in the economic activity calculation.
       (b) Analysis of Impacts of Actions on Employment and 
     Economic Activity.--
       (1) Analysis.--Before taking a covered action, the 
     Administrator shall analyze the impact, disaggregated by 
     State, of the covered action on employment levels and 
     economic activity, including estimated job losses and 
     decreased economic activity.
       (2) Economic models.--
       (A) In general.--In carrying out paragraph (1), the 
     Administrator shall use the best available economic models.
       (B) Annual gao report.--Not later than December 31st of 
     each year, the Comptroller General of the United States shall 
     submit to Congress a report on the economic models used by 
     the Administrator to carry out this subsection.
       (3) Availability of information.--With respect to any 
     covered action, the Administrator shall--
       (A) post the analysis under paragraph (1) as a link on the 
     main page of the public Internet Web site of the 
     Environmental Protection Agency; and
       (B) request that the Governor of any State experiencing 
     more than a de minimis negative impact post the analysis in 
     the Capitol of the State.
       (c) Public Hearings.--
       (1) In general.--If the Administrator concludes under 
     subsection (b)(1) that a covered action will have more than a 
     de minimis negative impact on employment levels or economic 
     activity in a State, the Administrator shall hold a public 
     hearing in each such State at least 30 days prior to the 
     effective date of the covered action.
       (2) Time, location, and selection.--
       (A) In general.--A public hearing required under paragraph 
     (1) shall be held at a convenient time and location for 
     impacted residents.
       (B) Priority.--In selecting a location for such a public 
     hearing, the Administrator shall give priority to locations 
     in the State that will experience the greatest number of job 
     losses.
       (d) Notification.--If the Administrator concludes under 
     subsection (b)(1) that a covered action will have more than a 
     de minimis negative impact on employment levels or economic 
     activity in any State, the Administrator shall give notice of 
     such impact to the congressional delegation, Governor, and 
     legislature of the State at least 45 days before the 
     effective date of the covered action.

     SEC. 2204. IDENTIFICATION OF WATERS PROTECTED BY THE CLEAN 
                   WATER ACT.

       (a) In General.--The Secretary of the Army and the 
     Administrator of the Environmental Protection Agency may 
     not--
       (1) finalize, adopt, implement, administer, or enforce the 
     proposed guidance described in the notice of availability and 
     request for comments entitled ``EPA and Army Corps of 
     Engineers Guidance Regarding Identification of Waters 
     Protected by the Clean Water Act'' (EPA-HQ-OW-2011-0409) (76 
     Fed. Reg. 24479 (May 2, 2011)); and
       (2) use the guidance described in paragraph (1), any 
     successor document, or any substantially similar guidance 
     made publicly available on or after December 3, 2008, as the 
     basis for any decision regarding the scope of the Federal 
     Water Pollution Control Act (33 U.S.C. 1251 et seq.) or any 
     rulemaking.
       (b) Rules.--The use of the guidance described in subsection 
     (a)(1), or any successor document or substantially similar 
     guidance made publicly available on or after December 3, 
     2008, as the basis for any rule shall be grounds for vacating 
     the rule.

     SEC. 2205. LIMITATIONS ON AUTHORITY TO MODIFY STATE WATER 
                   QUALITY STANDARDS.

       (a) State Water Quality Standards.--Section 303(c)(4) of 
     the Federal Water Pollution Control Act (33 U.S.C. 
     1313(c)(4)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting appropriately;
       (2) by striking ``(4) The'' and inserting the following:
       ``(4) Promulgation of revised or new standards.--
       ``(A) In general.--The'';
       (3) by striking ``The Administrator shall promulgate'' and 
     inserting the following:
       ``(B) Deadline.--The Administrator shall promulgate;'' and
       (4) by adding at the end the following:
       ``(C) State water quality standards.--Notwithstanding any 
     other provision of this paragraph, the Administrator may not 
     promulgate a revised or new standard for a pollutant in any 
     case in which the State has submitted to the Administrator 
     and the Administrator has approved a water quality standard 
     for that pollutant, unless the State concurs with the 
     determination of the Administrator that the revised or new 
     standard is necessary to meet the requirements of this 
     Act.''.
       (b) Federal Licenses and Permits.--Section 401(a) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1341(a)) is 
     amended by adding at the end the following:
       ``(7) State or interstate agency determination.--With 
     respect to any discharge, if a State or interstate agency 
     having jurisdiction over the navigable waters at the point at 
     which the discharge originates or will originate determines 
     under paragraph (1) that the discharge will comply with the 
     applicable provisions of sections 301, 302, 303, 306, and 
     307, the Administrator may not take any action to supersede 
     the determination.''.

     SEC. 2206. STATE AUTHORITY TO IDENTIFY WATERS WITHIN 
                   BOUNDARIES OF THE STATE.

       Section 303(d) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1313(d)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) State authority to identify waters within boundaries 
     of the state.--
       ``(A) In general.--Each State shall submit to the 
     Administrator from time to time, with the first such 
     submission not later than 180 days after the date of 
     publication of the first identification of pollutants under 
     section 304(a)(2)(D), the waters identified and the loads 
     established under subparagraphs (A), (B), (C), and (D) of 
     paragraph (1).
       ``(B) Approval or disapproval by administrator.--
       ``(i) In general.--Not later than 30 days after the date of 
     submission, the Administrator shall approve the State 
     identification and load or announce the disagreement of the 
     Administrator with the State identification and load.
       ``(ii) Approval.--If the Administrator approves the 
     identification and load submitted by the State under this 
     subsection, the State shall incorporate the identification 
     and load into the current plan of the State under subsection 
     (e).
       ``(iii) Disapproval.--If the Administrator announces the 
     disagreement of the Administrator with the identification and 
     load submitted by the State under this subsection. the 
     Administrator shall submit, not later than 30 days after the 
     date that the Administrator announces the disagreement of the 
     Administrator with the submission of the State, to the State 
     the written recommendation of the Administrator of those 
     additional waters that the Administrator identifies and such 
     loads for such waters as the Administrator believes are 
     necessary to implement the water quality standards applicable 
     to the waters.
       ``(C) Action by state.--Not later than 30 days after 
     receipt of the recommendation of the Administrator, the State 
     shall--
       ``(i) disregard the recommendation of the Administrator in 
     full and incorporate its own identification and load into the 
     current plan of the State under subsection (e);
       ``(ii) accept the recommendation of the Administrator in 
     full and incorporate its identification and load as amended 
     by the recommendation of the Administrator into the current 
     plan of the State under subsection (e); or
       ``(iii) accept the recommendation of the Administrator in 
     part, identifying certain additional waters and certain 
     additional loads proposed by the Administrator to be added to 
     the State's identification and load and incorporate the 
     State's identification and load as amended into the current 
     plan of the State under subsection (e).
       ``(D) Noncompliance by administrator.--
       ``(i) In general.--If the Administrator fails to approve 
     the State identification and load or announce the 
     disagreement of the Administrator with the State 
     identification and load within the time specified in this 
     subsection--

       ``(I) the identification and load of the State shall be 
     considered approved; and
       ``(II) the State shall incorporate the identification and 
     load that the State submitted into the current plan of the 
     State under subsection (e).

       ``(ii) Recommendations not submitted.--If the Administrator 
     announces the disagreement of the Administrator with the 
     identification and load of the State but fails to submit the 
     written recommendation of the Administrator to the State 
     within 30 days as required by subparagraph (B)(iii)--

       ``(I) the identification and load of the State shall be 
     considered approved; and
       ``(II) the State shall incorporate the identification and 
     load that the State submitted into the current plan of the 
     State under subsection (e).

       ``(E) Application.--This section shall apply to any 
     decision made by the Administrator under this subsection 
     issued on or after March 1, 2013.''.
                                 ______
                                 
  SA 2983. Ms. WARREN (for herself and Mr. Crapo) submitted an 
amendment intended to be proposed by her to the bill S. 2262, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title III, add the following:

     SEC. 305. STUDY AND REPORT ON ENERGY SAVINGS BENEFITS OF 
                   OPERATIONAL EFFICIENCY PROGRAMS AND SERVICES.

       (a) Definition of Operational Efficiency Programs and 
     Services.--In this section, the term ``operational efficiency 
     programs and services'' means programs and services that use 
     information and communications technologies (including 
     computer hardware,

[[Page S2676]]

     energy efficiency software, and power management tools) to 
     operate buildings and equipment in the optimum manner at the 
     optimum times.
       (b) Study and Report.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary shall conduct a study 
     and issue a report that quantifies the energy savings 
     benefits of operational efficiency programs and services for 
     commercial, institutional, industrial, and governmental 
     entities, including Federal agencies.
       (c) Measurement and Verification of Energy Savings.--The 
     report required under this section shall recommend 
     methodologies or protocols for utilities, utility regulators, 
     and Federal agencies to evaluate, measure, and verify energy 
     savings from operational efficiency programs and services.
                                 ______
                                 
  SA 2984. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 117, strike line 23 and all that follows 
     through page 123, line 25, and insert the following:
       (8) Applicability and implementation date.--Not later than 
     4 years after the date of enactment of this Act, and before 
     December 31, 2017, the enhanced loan eligibility requirements 
     required under this subsection shall be implemented by each 
     covered agency to--
       (A) apply to any covered loan for the sale, or refinancing 
     of any loan for the sale, of any home;
       (B) be available on any residential real property 
     (including individual units of condominiums and cooperatives) 
     that qualifies for a covered loan; and
       (C) provide prospective mortgagees with sufficient guidance 
     and applicable tools to implement the required underwriting 
     methods.
       (d) Enhanced Energy Efficiency Underwriting Valuation 
     Guidelines.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall--
       (A) in consultation with the Federal Financial Institutions 
     Examination Council and the advisory group established in 
     subsection (f)(2), develop and issue guidelines for a covered 
     agency to determine the maximum permitted loan amount based 
     on the value of the property for all covered loans made on 
     properties with an energy efficiency report that meets the 
     requirements of subsection (c)(3)(B); and
       (B) in consultation with the Secretary of Energy, issue 
     guidelines for a covered agency to determine the estimated 
     energy savings under paragraph (3) for properties with an 
     energy efficiency report.
       (2) Requirements.--The enhanced energy efficiency 
     underwriting valuation guidelines required under paragraph 
     (1) shall include--
       (A) a requirement that if an energy efficiency report that 
     meets the requirements of subsection (c)(3)(B) is voluntarily 
     provided to the mortgagee, such report shall be used by the 
     mortgagee or covered agency to determine the estimated energy 
     savings of the subject property; and
       (B) a requirement that the estimated energy savings of the 
     subject property be added to the appraised value of the 
     subject property by a mortgagee or covered agency for the 
     purpose of determining the loan-to-value ratio of the subject 
     property, unless the appraisal includes the value of the 
     overall energy efficiency of the subject property, using 
     methods to be established under the guidelines issued under 
     paragraph (1).
       (3) Determination of estimated energy savings.--
       (A) Amount of energy savings.--The amount of estimated 
     energy savings shall be determined by calculating the 
     difference between the estimated energy costs for the average 
     comparable houses, as determined in guidelines to be issued 
     under paragraph (1), and the estimated energy costs for the 
     subject property based upon the energy efficiency report.
       (B) Duration of energy savings.--The duration of the 
     estimated energy savings shall be based upon the estimated 
     life of the applicable equipment, consistent with the rating 
     system used to produce the energy efficiency report.
       (C) Present value of energy savings.--The present value of 
     the future savings shall be discounted using the average 
     interest rate on conventional 30-year mortgages, in the 
     manner directed by guidelines issued under paragraph (1).
       (4) Ensuring consideration of energy efficient features.--
     Section 1110 of the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989 (12 U.S.C. 3339) is amended--
       (A) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon; and
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and'' and inserting after paragraph (3) the 
     following:
       ``(4) that State certified and licensed appraisers have 
     timely access, whenever practicable, to information from the 
     property owner and the lender that may be relevant in 
     developing an opinion of value regarding the energy- and 
     water-saving improvements or features of a property, such 
     as--
       ``(A) labels or ratings of buildings;
       ``(B) installed appliances, measures, systems or 
     technologies;
       ``(C) blueprints;
       ``(D) construction costs;
       ``(E) financial or other incentives regarding energy- and 
     water-efficient components and systems installed in a 
     property;
       ``(F) utility bills;
       ``(G) energy consumption and benchmarking data; and
       ``(H) third-party verifications or representations of 
     energy and water efficiency performance of a property, 
     observing all financial privacy requirements adhered to by 
     certified and licensed appraisers, including section 501 of 
     the Gramm-Leach-Bliley Act (15 U.S.C. 6801).

     Unless a property owner consents to a lender, an appraiser, 
     in carrying out the requirements of paragraph (4), shall not 
     have access to the commercial or financial information of the 
     owner that is privileged or confidential.''.
       (5) Transactions requiring state certified appraisers.--
     Section 1113 of the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989 (12 U.S.C. 3342) is amended--
       (A) in paragraph (1), by inserting before the semicolon the 
     following: ``, or any real property on which the appraiser 
     makes adjustments using an energy efficiency report''; and
       (B) in paragraph (2), by inserting after ``atypical'' the 
     following: ``, or an appraisal on which the appraiser makes 
     adjustments using an energy efficiency report.''.
       (6) Protections.--
       (A) Authority to impose limitations.--The guidelines to be 
     issued under paragraph (1) shall include such limitations and 
     conditions as determined by the Secretary to be necessary to 
     protect against meaningful under or over valuation of energy 
     cost savings or duplicative counting of energy efficiency 
     features or energy cost savings in the valuation of any 
     subject property that is used to determine a loan amount.
       (B) Additional authority.--At the end of the 7-year period 
     following the implementation of enhanced eligibility and 
     underwriting valuation requirements under this section, the 
     Secretary may modify or apply additional exceptions to the 
     approach described in paragraph (2), where the Secretary 
     finds that the unadjusted appraisal will reflect an accurate 
     market value of the efficiency of the subject property or 
     that a modified approach will better reflect an accurate 
     market value.
       (7) Applicability and implementation date.--Not later than 
     4 years after the date of enactment of this Act, and before 
     December 31, 2017,

                          ____________________