[Congressional Record Volume 162, Number 16 (Wednesday, January 27, 2016)]
[Senate]
[Pages S277-S278]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3014. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. JUDICIAL REVIEW OF ENERGY RELATED ACTIONS.

       (a) Time for Filing Complaint.--Any energy related action 
     must be filed not later than the end of the 60-day period 
     beginning on the date of the final agency action. Any energy 
     related action not filed within this time period shall be 
     barred.
       (b) District Court Venue and Deadline.--All energy related 
     actions--
       (1) shall be brought in the United States District Court 
     for the District of Columbia; and
       (2) shall be resolved as expeditiously as possible, and in 
     any event not more than 180 days after such cause of action 
     is filed.
       (c) Appellate Review.--An interlocutory order or final 
     judgment, decree or order of the district court in an energy 
     related action may be reviewed by the United States Court of 
     Appeals for the District of Columbia Circuit. The District of 
     Columbia Circuit Court of Appeals shall resolve such appeal 
     as expeditiously as possible, and in any event not more than 
     180 days after such interlocutory order or final judgment, 
     decree or order of the district court was issued.
       (d) Limitation on Certain Payments.--Notwithstanding 
     section 1304 of title 31, United States Code, no award may be 
     made under section 504 of title 5, United States Code, or 
     under section 2412 of title 28, United States Code, and no 
     amounts may be obligated or expended from the Claims and 
     Judgment Fund of the United States Treasury to pay any fees 
     or other expenses under such sections, to any person or party 
     in an energy related action.
       (e) Legal Fees.--In any energy related action in which the 
     plaintiff does not ultimately prevail, the court shall award 
     to the defendant (including any intervenor-defendants), other 
     than the United States, fees and other expenses incurred by 
     that party in connection with the energy related action, 
     unless the court finds that the position of the plaintiff was 
     substantially justified or that special circumstances make an 
     award unjust. Whether or not the position of the plaintiff 
     was substantially justified shall be determined on the basis 
     of the administrative record, as a whole, which is made in 
     the energy related action for which fees and other expenses 
     are sought.
       (f) Definitions.--For the purposes of this section, the 
     following definitions apply:
       (1) Agency action.--The term ``agency action'' has the same 
     meaning given such term in section 551 of title 5, United 
     States Code.
       (2) Indian land.--The term ``Indian Land'' has the same 
     meaning given such term in section 203(c)(3) of the Energy 
     Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), 
     including lands owned by Native Corporations under the Alaska 
     Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 
     1601).
       (3) Energy related action.--The term ``energy related 
     action'' means a cause of action that--
       (A) is filed on or after the effective date of this Act; 
     and
       (B) seeks judicial review of a final agency action to issue 
     a permit, license, or other form of agency permission 
     allowing:

[[Page S278]]

       (i) any person or entity to conduct activities on Indian 
     Land, which activities involve the exploration, development, 
     production or transportation of oil, gas, coal, shale gas, 
     oil shale, geothermal resources, wind or solar resources, 
     underground coal gasification, biomass, or the generation of 
     electricity; or
       (ii) any Indian Tribe, or any organization of two or more 
     entities, at least one of which is an Indian tribe, to 
     conduct activities involving the exploration, development, 
     production or transportation of oil, gas, coal, shale gas, 
     oil shale, geothermal resources, wind or solar resources, 
     underground coal gasification, biomass, or the generation of 
     electricity, regardless of where such activities are 
     undertaken.
       (4) Ultimately prevail.--The phrase ``ultimately prevail'' 
     means, in a final enforceable judgment, the court rules in 
     the party's favor on at least one cause of action which is an 
     underlying rationale for the preliminary injunction, 
     administrative stay, or other relief requested by the party, 
     and does not include circumstances where the final agency 
     action is modified or amended by the issuing agency unless 
     such modification or amendment is required pursuant to a 
     final enforceable judgment of the court or a court-ordered 
     consent decree.
                                 ______