Sec. 1001 Short title
This title may be cited as the “Offshore Energy and Jobs Act”.
Division III — Energy
III Energy
X Offshore Energy and Jobs Act
A Outer Continental Shelf Leasing Program Reforms
Sec. 1011 Outer Continental Shelf leasing program reforms
Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(a)) is amended by adding at the end the following:
“(5)
“(A) In each oil and gas leasing program under this section, the Secretary shall make available for leasing and conduct lease sales including at least 50 percent of the available unleased acreage within each outer Continental Shelf planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based upon the most recent national geologic assessment of the outer Continental Shelf, with an emphasis on offering the most geologically prospective parts of the planning area.
“(B) The Secretary shall include in each proposed oil and gas leasing program under this section any State subdivision of an outer Continental Shelf planning area that the Governor of the State that represents that subdivision requests be made available for leasing. The Secretary may not remove such a subdivision from the program until publication of the final program, and shall include and consider all such subdivisions in any environmental review conducted and statement prepared for such program under section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
“(C) In this paragraph the term available unleased acreage means that portion of the outer Continental Shelf that is not under lease at the time of a proposed lease sale, and that has not otherwise been made unavailable for leasing by law.
“(6)
“(A) In the 5-year oil and gas leasing program, the Secretary shall make available for leasing any outer Continental Shelf planning areas that—
“(i) are estimated to contain more than 2,500,000,000 barrels of oil; or
“(ii) are estimated to contain more than 7,500,000,000,000 cubic feet of natural gas.
“(B) To determine the planning areas described in subparagraph (A), the Secretary shall use the document entitled “Minerals Management Service Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation’s Outer Continental Shelf, 2006”.”
Sec. 1012 Domestic oil and natural gas production goal
Section 18(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(b)) is amended to read as follows:
“(b) Domestic oil and natural gas production goal—–
“(1) In general—In developing a 5-year oil and gas leasing program, and subject to paragraph (2), the Secretary shall determine a domestic strategic production goal for the development of oil and natural gas as a result of that program. Such goal shall be—
“(A) the best estimate of the possible increase in domestic production of oil and natural gas from the outer Continental Shelf;
“(B) focused on meeting domestic demand for oil and natural gas and reducing the dependence of the United States on foreign energy; and
“(C) focused on the production increases achieved by the leasing program at the end of the 15-year period beginning on the effective date of the program.
“(2) Program goal—For purposes of the 5-year oil and gas leasing program, the production goal referred to in paragraph (1) shall be an increase by 2032 of—
“(A) no less than 3,000,000 barrels in the amount of oil produced per day; and
“(B) no less than 10,000,000,000 cubic feet in the amount of natural gas produced per day.
“(3) Reporting—The Secretary shall report annually, beginning at the end of the 5-year period for which the program applies, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of the program in meeting the production goal. The Secretary shall identify in the report projections for production and any problems with leasing, permitting, or production that will prevent meeting the goal.”
Sec. 1013 Development and submittal of new 5-year oil and gas leasing program
In general— The Secretary of the Interior shall—
by not later than July 15, 2014, publish and submit to Congress a new proposed oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) for the 5-year period beginning on such date and ending July 15, 2020; and
by not later than July 15, 2015, approve a final oil and gas leasing program under such section for such period.
Consideration of all areas— In preparing such program the Secretary shall include consideration of areas of the Continental Shelf off the coasts of all States (as such term is defined in section 2 of that Act, as amended by this title), that are subject to leasing under this title.
Technical correction— Section 18(d)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(d)(3)) is amended by striking “or after eighteen months following the date of enactment of this section, whichever first occurs,”.
Sec. 1014 Rule of construction
Nothing in this title shall be construed to authorize the issuance of a lease under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to any person designated for the imposition of sanctions pursuant to—
the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note), the Comprehensive Iran Sanctions, Accountability and Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.), section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or the Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.);
Executive Order No. 13622 (July 30, 2012), Executive Order No. 13628 (October 9, 2012), or Executive Order No. 13645 (June 3, 2013);
Executive Order No. 13224 (September 23, 2001) or Executive Order No. 13338 (May 11, 2004); or
the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (22 U.S.C. 2151 note).
B Directing the President To Conduct New OCS Sales in Virginia, South Carolina, and California
Sec. 1021 Requirement to conduct proposed oil and gas Lease Sale 220 on the Outer Continental Shelf offshore Virginia
In general— Notwithstanding the exclusion of Lease Sale 220 in the Final Outer Continental Shelf Oil & Gas Leasing Program 2012–2017, the Secretary of the Interior shall conduct offshore oil and gas Lease Sale 220 under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) as soon as practicable, but not later than one year after the date of enactment of this Act.
Requirement To make replacement lease blocks available— For each lease block in a proposed lease sale under this section for which the Secretary of Defense, in consultation with the Secretary of the Interior, under the Memorandum of Agreement referred to in section 1025(b), issues a statement proposing deferral from a lease offering due to defense-related activities that are irreconcilable with mineral exploration and development, the Secretary of the Interior, in consultation with the Secretary of Defense, shall make available in the same lease sale one other lease block in the Virginia lease sale planning area that is acceptable for oil and gas exploration and production in order to mitigate conflict.
Balancing military and energy production goals— In recognition that the Outer Continental Shelf oil and gas leasing program and the domestic energy resources produced therefrom are integral to national security, the Secretary of the Interior and the Secretary of Defense shall work jointly in implementing this section in order to ensure achievement of the following common goals:
Preserving the ability of the Armed Forces of the United States to maintain an optimum state of readiness through their continued use of the Outer Continental Shelf.
Allowing effective exploration, development, and production of our Nation’s oil, gas, and renewable energy resources.
Definitions— In this section:
Lease sale 220— The term Lease Sale 220 means such lease sale referred to in the Request for Comments on the Draft Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010–2015 and Notice of Intent To Prepare an Environmental Impact Statement (EIS) for the Proposed 5-Year Program published January 21, 2009 (74 Fed. Reg. 3631).
Virginia lease sale planning area— The term Virginia lease sale planning area means the area of the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) that is bounded by—
a northern boundary consisting of a straight line extending from the northernmost point of Virginia’s seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 37 degrees 17 minutes 1 second North latitude, 71 degrees 5 minutes 16 seconds West longitude; and
a southern boundary consisting of a straight line extending from the southernmost point of Virginia’s seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 36 degrees 31 minutes 58 seconds North latitude, 71 degrees 30 minutes 1 second West longitude.
Sec. 1022 South Carolina lease sale
Notwithstanding inclusion of the South Atlantic Outer Continental Shelf Planning Area in the Final Outer Continental Shelf Oil & Gas Leasing Program 2012–2017, the Secretary of the Interior shall conduct a lease sale not later than 2 years after the date of the enactment of this Act for areas off the coast of South Carolina determined by the Secretary to have the most geologically promising hydrocarbon resources and constituting not less than 25 percent of the leasable area within the South Carolina offshore administrative boundaries depicted in the notice entitled “Federal Outer Continental Shelf (OCS) Administrative Boundaries Extending from the Submerged Lands Act Boundary seaward to the Limit of the United States Outer Continental Shelf”, published January 3, 2006 (71 Fed. Reg. 127).
Sec. 1023 Southern California existing infrastructure lease sale
In general— The Secretary of the Interior shall offer for sale leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of the Southern California OCS Planning Area as soon as practicable, but not later than December 31, 2014.
Use of Existing Structures or Onshore-Based Drilling— The Secretary of the Interior shall include in leases offered for sale under this lease sale such terms and conditions as are necessary to require that development and production may occur only from offshore infrastructure in existence on the date of the enactment of this Act or from onshore-based, extended-reach drilling.
Sec. 1024 Environmental impact statement requirement
In General— For the purposes of this title, the Secretary of the Interior shall prepare a multisale environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for all lease sales required under this subtitle.
Actions To be considered— Notwithstanding section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), in such statement—
the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such alternative courses of action; and
the Secretary shall only—
identify a preferred action for leasing and not more than one alternative leasing proposal; and
analyze the environmental effects and potential mitigation measures for such preferred action and such alternative leasing proposal.
Sec. 1025 National defense
National Defense Areas— This title does not affect the existing authority of the Secretary of Defense, with the approval of the President, to designate national defense areas on the Outer Continental Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)).
Prohibition on Conflicts With Military Operations— No person may engage in any exploration, development, or production of oil or natural gas on the Outer Continental Shelf under a lease issued under this title that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted.
Sec. 1026 Opening the Eastern Gulf of Mexico for exploration
Repeal— Section 104 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432; 43 U.S.C. 1331 note) is repealed.
Exchanges not affected— Subsection (a) of this section shall not affect any exchange made before the date of the enactment of this Act.
C Equitable Sharing of Outer Continental Shelf Revenues
Sec. 1031 Disposition of Outer Continental Shelf revenues to coastal States
in the existing text—
in the first sentence, by striking “All rentals,” and inserting the following:
“(c) Disposition of revenue under old leases—All rentals,”
in subsection (c) (as designated by the amendment made by subparagraph (A) of this paragraph), by striking “for the period from June 5, 1950, to date, and thereafter” and inserting “in the period beginning June 5, 1950, and ending on the date of enactment of the Offshore Energy and Jobs Act”;
by adding after subsection (c) (as so designated) the following:
“(d) Definitions—In this section:
“(1) Coastal State—The term coastal State includes a territory of the United States.
“(2) New leasing revenues—The term new leasing revenues—
“(A) means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production on new areas of the outer Continental Shelf that are authorized to be made available for leasing as a result of enactment of the Offshore Energy and Jobs Act and leasing under that Act; and
“(B) does not include amounts received by the United States under any lease of an area located in the boundaries of the Central Gulf of Mexico and Western Gulf of Mexico Outer Continental Shelf Planning Areas on the date of enactment of the Offshore Energy and Jobs Act, including a lease issued before, on, or after such date of enactment.”
by inserting before subsection (c) (as so designated) the following:
“(a) Payment of new leasing revenues to coastal States
“(1) In general—Except as provided in paragraph (2), of the amount of new leasing revenues received by the United States each fiscal year, 37.5 percent shall be allocated and paid in accordance with subsection (b) to coastal States that are affected States with respect to the leases under which those revenues are received by the United States.
“(2) Phase-in
“(A) In general—Except as provided in subparagraph (B), paragraph (1) shall be applied—
“(i) with respect to new leasing revenues under leases awarded under the first leasing program under section 18(a) that takes effect after the date of enactment of the Offshore Energy and Jobs Act, by substituting “12.5 percent” for “37.5 percent”; and
“(ii) with respect to new leasing revenues under leases awarded under the second leasing program under section 18(a) that takes effect after the date of enactment of the Offshore Energy and Jobs Act, by substituting “25 percent” for “37.5 percent”.
“(B) Exempted lease sales—This paragraph shall not apply with respect to any lease issued under title II of the Offshore Energy and Jobs Act.
“(b) Allocation of payments
“(1) In general—The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to coastal States in accordance with this subsection each fiscal year shall be allocated among and paid to coastal States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by the Secretary.
“(2) Minimum and maximum allocation—The amount allocated to a coastal State under paragraph (1) each fiscal year with respect to a leased tract shall be—
“(A) in the case of a coastal State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract;
“(B) in the case of any other coastal State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract; and
“(C) in the case of a coastal State that is the only coastal State within 200 miles of a leased tract, 100 percent of the total amounts allocated with respect to the leased tract.
“(3) Administration—Amounts allocated to a coastal State under this subsection—
“(A) shall be available to the coastal State without further appropriation;
“(B) shall remain available until expended;
“(C) shall be in addition to any other amounts available to the coastal State under this Act; and
“(D) shall be distributed in the fiscal year following receipt.
“(4) Use of funds
“(A) In general—Except as provided in subparagraph (B), a coastal State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State.
“(B) Restriction on use for matching—Funds allocated and paid to a coastal State under this subsection may not be used as matching funds for any other Federal program.”
Limitation on application— This section and the amendment made by this section shall not affect the application of section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432; (43 U.S.C. 1331 note)), as in effect before the enactment of this Act, with respect to revenues received by the United States under oil and gas leases issued for tracts located in the Western and Central Gulf of Mexico Outer Continental Shelf Planning Areas, including such leases issued on or after the date of the enactment of this Act.
D Reorganization of Minerals Management Agencies of the Department of the Interior
Sec. 1041 Establishment of Under Secretary for Energy, Lands, and Minerals and Assistant Secretary of Ocean Energy and Safety
There shall be in the Department of the Interior—
an Under Secretary for Energy, Lands, and Minerals, who shall—
be appointed by the President, by and with the advise and consent of the Senate;
report to the Secretary of the Interior or, if directed by the Secretary, to the Deputy Secretary of the Interior;
be paid at the rate payable for level III of the Executive Schedule; and
be responsible for—
the safe and responsible development of our energy and mineral resources on Federal lands in appropriate accordance with United States energy demands; and
ensuring multiple-use missions of the Department of the Interior that promote the safe and sustained development of energy and minerals resources on public lands (as that term is defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.));
an Assistant Secretary of Ocean Energy and Safety, who shall—
be appointed by the President, by and with the advise and consent of the Senate;
report to the Under Secretary for Energy, Lands, and Minerals;
be paid at the rate payable for level IV of the Executive Schedule; and
be responsible for ensuring safe and efficient development of energy and minerals on the Outer Continental Shelf of the United States; and
an Assistant Secretary of Land and Minerals Management, who shall—
be appointed by the President, by and with the advise and consent of the Senate;
report to the Under Secretary for Energy, Lands, and Minerals;
be paid at the rate payable for level IV of the Executive Schedule; and
be responsible for ensuring safe and efficient development of energy and minerals on public lands and other Federal onshore lands under the jurisdiction of the Department of the Interior, including implementation of the Mineral Leasing Act (30 U.S.C. 181 et seq.) and the Surface Mining Control and Reclamation Act (30 U.S.C. 1201 et seq.) and administration of the Office of Surface Mining.
Sec. 1042 Bureau of Ocean Energy
Establishment— There is established in the Department of the Interior a Bureau of Ocean Energy (referred to in this section as the “Bureau”), which shall—
be headed by a Director of Ocean Energy (referred to in this section as the “Director”); and
be administered under the direction of the Assistant Secretary of Ocean Energy and Safety.
Director—
Appointment— The Director shall be appointed by the Secretary of the Interior.
Compensation— The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code.
Duties—
In general— The Secretary of the Interior shall carry out through the Bureau all functions, powers, and duties vested in the Secretary relating to the administration of a comprehensive program of offshore mineral and renewable energy resources management.
Specific authorities— The Director shall promulgate and implement regulations—
for the proper issuance of leases for the exploration, development, and production of nonrenewable and renewable energy and mineral resources on the Outer Continental Shelf;
relating to resource identification, access, evaluation, and utilization;
for development of leasing plans, lease sales, and issuance of leases for such resources; and
regarding issuance of environmental impact statements related to leasing and post leasing activities including exploration, development, and production, and the use of third party contracting for necessary environmental analysis for the development of such resources.
Limitation— The Secretary shall not carry out through the Bureau any function, power, or duty that is—
required by section 1043 to be carried out through the Ocean Energy Safety Service; or
required by section 1044 to be carried out through the Office of Natural Resources Revenue.
Responsibilities of land management agencies— Nothing in this section shall affect the authorities of the Bureau of Land Management under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or of the Forest Service under the National Forest Management Act of 1976 (Public Law 94–588).
Sec. 1043 Ocean Energy Safety Service
Establishment— There is established in the Department of the Interior an Ocean Energy Safety Service (referred to in this section as the “Service”), which shall—
be headed by a Director of Energy Safety (referred to in this section as the “Director”); and
be administered under the direction of the Assistant Secretary of Ocean Energy and Safety.
Director—
Appointment— The Director shall be appointed by the Secretary of the Interior.
Compensation— The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code.
Duties—
In general— The Secretary of the Interior shall carry out through the Service all functions, powers, and duties vested in the Secretary relating to the administration of safety and environmental enforcement activities related to offshore mineral and renewable energy resources on the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) including the authority to develop, promulgate, and enforce regulations to ensure the safe and sound exploration, development, and production of mineral and renewable energy resources on the Outer Continental Shelf in a timely fashion.
Specific authorities— The Director shall be responsible for all safety activities related to exploration and development of renewable and mineral resources on the Outer Continental Shelf, including—
exploration, development, production, and ongoing inspections of infrastructure;
the suspending or prohibiting, on a temporary basis, any operation or activity, including production under leases held on the Outer Continental Shelf, in accordance with section 5(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(1));
cancelling any lease, permit, or right-of-way on the Outer Continental Shelf, in accordance with section 5(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2));
compelling compliance with applicable Federal laws and regulations relating to worker safety and other matters;
requiring comprehensive safety and environmental management programs for persons engaged in activities connected with the exploration, development, and production of mineral or renewable energy resources;
developing and implementing regulations for Federal employees to carry out any inspection or investigation to ascertain compliance with applicable regulations, including health, safety, or environmental regulations;
implementing the Offshore Technology Research and Risk Assessment Program under section 21 of the Outer Continental Shelf Lands Act (43 U.S.C. 1347);
summoning witnesses and directing the production of evidence;
levying fines and penalties and disqualifying operators;
carrying out any safety, response, and removal preparedness functions; and
the processing of permits, exploration plans, development plans.
Employees—
In general— The Secretary shall ensure that the inspection force of the Bureau consists of qualified, trained employees who meet qualification requirements and adhere to the highest professional and ethical standards.
Qualifications— The qualification requirements referred to in paragraph (1)—
shall be determined by the Secretary, subject to subparagraph (B); and
shall include—
three years of practical experience in oil and gas exploration, development, or production; or
a degree in an appropriate field of engineering from an accredited institution of higher learning.
Assignment— In assigning oil and gas inspectors to the inspection and investigation of individual operations, the Secretary shall give due consideration to the extent possible to their previous experience in the particular type of oil and gas operation in which such inspections are to be made.
Background checks— The Director shall require that an individual to be hired as an inspection officer undergo an employment investigation (including a criminal history record check).
Language requirements— Individuals hired as inspectors must be able to read, speak, and write English well enough to—
carry out written and oral instructions regarding the proper performance of inspection duties; and
write inspection reports and statements and log entries in the English language.
Veterans preference— The Director shall provide a preference for the hiring of an individual as a inspection officer if the individual is a member or former member of the Armed Forces and is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member of the Armed Forces.
Annual proficiency review—
Annual proficiency review— The Director shall provide that an annual evaluation of each individual assigned inspection duties is conducted and documented.
Continuation of employment— An individual employed as an inspector may not continue to be employed in that capacity unless the evaluation demonstrates that the individual—
continues to meet all qualifications and standards;
has a satisfactory record of performance and attention to duty based on the standards and requirements in the inspection program; and
demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform inspection functions.
Limitation on right to strike— Any individual that conducts permitting or inspections under this section may not participate in a strike, or assert the right to strike.
Personnel authority— Notwithstanding any other provision of law, the Director may employ, appoint, discipline and terminate for cause, and fix the compensation, terms, and conditions of employment of Federal service for individuals as the employees of the Service in order to restore and maintain the trust of the people of the United States in the accountability of the management of our Nation’s energy safety program.
Training Academy—
In general— The Secretary shall establish and maintain a National Offshore Energy Safety Academy (referred to in this paragraph as the “Academy”) as an agency of the Ocean Energy Safety Service.
Functions of Academy— The Secretary, through the Academy, shall be responsible for—
the initial and continued training of both newly hired and experienced offshore oil and gas inspectors in all aspects of health, safety, environmental, and operational inspections;
the training of technical support personnel of the Bureau;
any other training programs for offshore oil and gas inspectors, Bureau personnel, Department personnel, or other persons as the Secretary shall designate; and
certification of the successful completion of training programs for newly hired and experienced offshore oil and gas inspectors.
Cooperative agreements—
In general— In performing functions under this paragraph, and subject to clause (ii), the Secretary may enter into cooperative educational and training agreements with educational institutions, related Federal academies, other Federal agencies, State governments, safety training firms, and oil and gas operators and related industries.
Training requirement— Such training shall be conducted by the Academy in accordance with curriculum needs and assignment of instructional personnel established by the Secretary.
Use of Department personnel— In performing functions under this subsection, the Secretary shall use, to the extent practicable, the facilities and personnel of the Department of the Interior. The Secretary may appoint or assign to the Academy such officers and employees as the Secretary considers necessary for the performance of the duties and functions of the Academy.
Additional training programs—
In general— The Secretary shall work with appropriate educational institutions, operators, and representatives of oil and gas workers to develop and maintain adequate programs with educational institutions and oil and gas operators that are designed—
to enable persons to qualify for positions in the administration of this title; and
to provide for the continuing education of inspectors or other appropriate Department of the Interior personnel.
Financial and technical assistance— The Secretary may provide financial and technical assistance to educational institutions in carrying out this paragraph.
Limitation— The Secretary shall not carry out through the Service any function, power, or duty that is—
required by section 1042 to be carried out through Bureau of Ocean Energy; or
required by section 1044 to be carried out through the Office of Natural Resources Revenue.
Sec. 1044 Office of Natural Resources Revenue
Establishment— There is established in the Department of the Interior an Office of Natural Resources Revenue (referred to in this section as the “Office”) to be headed by a Director of Natural Resources Revenue (referred to in this section as the “Director”).
Appointment and compensation—
In general— The Director shall be appointed by the Secretary of the Interior.
Compensation— The Director shall be compensated at the rate provided for Level V of the Executive Schedule under section 5316 of title 5, United States Code.
Duties—
In general— The Secretary of the Interior shall carry out, through the Office, all functions, powers, and duties vested in the Secretary and relating to the administration of offshore royalty and revenue management functions.
Specific authorities— The Secretary shall carry out, through the Office, all functions, powers, and duties previously assigned to the Minerals Management Service (including the authority to develop, promulgate, and enforce regulations) regarding offshore royalty and revenue collection; royalty and revenue distribution; auditing and compliance; investigation and enforcement of royalty and revenue regulations; and asset management for onshore and offshore activities.
Limitation— The Secretary shall not carry out through the Office any function, power, or duty that is—
required by section 1042 to be carried out through Bureau of Ocean Energy; or
required by section 1043 to be carried out through the Ocean Energy Safety Service.
Sec. 1045 Ethics and drug testing
Certification— The Secretary of the Interior shall certify annually that all Department of the Interior officers and employees having regular, direct contact with lessees, contractors, concessionaires, and other businesses interested before the Government as a function of their official duties, or conducting investigations, issuing permits, or responsible for oversight of energy programs, are in full compliance with all Federal employee ethics laws and regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.) and part 2635 of title 5, Code of Federal Regulations, and all guidance issued under subsection (c).
Drug Testing— The Secretary shall conduct a random drug testing program of all Department of the Interior personnel referred to in subsection (a).
Guidance— Not later than 90 days after the date of enactment of this Act, the Secretary shall issue supplementary ethics and drug testing guidance for the employees for which certification is required under subsection (a). The Secretary shall update the supplementary ethics guidance not less than once every 3 years thereafter.
Sec. 1046 Abolishment of Minerals Management Service
Abolishment— The Minerals Management Service is abolished.
Completed administrative actions—
In general— Completed administrative actions of the Minerals Management Service shall not be affected by the enactment of this Act, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law.
Completed administrative action defined— For purposes of paragraph (1), the term completed administrative action includes orders, determinations, memoranda of understanding, memoranda of agreements, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges.
Pending Proceedings— Subject to the authority of the Secretary of the Interior and the officers of the Department of the Interior under this title—
pending proceedings in the Minerals Management Service, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue, notwithstanding the enactment of this title or the vesting of functions of the Service in another agency, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance or modification could have occurred if this title had not been enacted; and
orders issued in such proceedings, and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this title had not been enacted, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law.
Pending Civil Actions— Subject to the authority of the Secretary of the Interior or any officer of the Department of the Interior under this title, pending civil actions shall continue notwithstanding the enactment of this Act, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment had not occurred.
References— References relating to the Minerals Management Service in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede the effective date of this title are deemed to refer, as appropriate, to the Department, to its officers, employees, or agents, or to its corresponding organizational units or functions. Statutory reporting requirements that applied in relation to the Minerals Management Service immediately before the effective date of this title shall continue to apply.
Sec. 1047 Conforming amendments to Executive Schedule pay rates
Under Secretary for Energy, Lands, and Minerals— Section 5314 of title 5, United States Code, is amended by inserting after the item relating to “Under Secretaries of the Treasury (3).” the following:
Assistant Secretaries— Section 5315 of title 5, United States Code, is amended by striking “Assistant Secretaries of the Interior (6).” and inserting the following:
Directors— Section 5316 of title 5, United States Code, is amended by striking “Director, Bureau of Mines, Department of the Interior.” and inserting the following new items:
Sec. 1048 Outer Continental Shelf Energy Safety Advisory Board
Establishment— The Secretary of the Interior shall establish, under the Federal Advisory Committee Act, an Outer Continental Shelf Energy Safety Advisory Board (referred to in this section as the “Board”)—
to provide the Secretary and the Directors established by this title with independent scientific and technical advice on safe, responsible, and timely mineral and renewable energy exploration, development, and production activities; and
to review operations of the National Offshore Energy Health and Safety Academy established under section 1043(d), including submitting to the Secretary recommendations of curriculum to ensure training scientific and technical advancements.
Membership—
Size— The Board shall consist of not more than 11 members, who—
shall be appointed by the Secretary based on their expertise in oil and gas drilling, well design, operations, well containment and oil spill response; and
must have significant scientific, engineering, management, and other credentials and a history of working in the field related to safe energy exploration, development, and production activities.
Consultation and nominations— The Secretary shall consult with the National Academy of Sciences and the National Academy of Engineering to identify potential candidates for the Board and shall take nominations from the public.
Term— The Secretary shall appoint Board members to staggered terms of not more than 4 years, and shall not appoint a member for more than 2 consecutive terms.
Balance— In appointing members to the Board, the Secretary shall ensure a balanced representation of industry and research interests.
Chair— The Secretary shall appoint the Chair for the Board from among its members.
Meetings— The Board shall meet not less than 3 times per year and shall host, at least once per year, a public forum to review and assess the overall energy safety performance of Outer Continental Shelf mineral and renewable energy resource activities.
Offshore drilling safety assessments and recommendations— As part of its duties under this section, the Board shall, by not later than 180 days after the date of enactment of this section and every 5 years thereafter, submit to the Secretary a report that—
assesses offshore oil and gas well control technologies, practices, voluntary standards, and regulations in the United States and elsewhere; and
as appropriate, recommends modifications to the regulations issued under this title to ensure adequate protection of safety and the environment, including recommendations on how to reduce regulations and administrative actions that are duplicative or unnecessary.
Reports— Reports of the Board shall be submitted by the Board to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate and made available to the public in electronically accessible form.
Travel expenses— Members of the Board, other than full-time employees of the Federal Government, while attending meeting of the Board or while otherwise serving at the request of the Secretary or the Director while serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay.
Sec. 1049 Outer Continental Shelf inspection fees
Section 22 of the Outer Continental Shelf Lands Act (43 U.S.C. 1348) is amended by adding at the end of the section the following:
“(g) Inspection fees
“(1) Establishment—The Secretary of the Interior shall collect from the operators of facilities subject to inspection under subsection (c) non-refundable fees for such inspections—
“(A) at an aggregate level equal to the amount necessary to offset the annual expenses of inspections of outer Continental Shelf facilities (including mobile offshore drilling units) by the Department of the Interior; and
“(B) using a schedule that reflects the differences in complexity among the classes of facilities to be inspected.
“(2) Ocean energy safety fund—There is established in the Treasury a fund, to be known as the “Ocean Energy Enforcement Fund” (referred to in this subsection as the “Fund”), into which shall be deposited all amounts collected as fees under paragraph (1) and which shall be available as provided under paragraph (3).
“(3) Availability of fees
“(A) In general—Notwithstanding section 3302 of title 31, United States Code, all amounts deposited in the Fund—
“(i) shall be credited as offsetting collections;
“(ii) shall be available for expenditure for purposes of carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units) and the administration of the inspection program under this section;
“(iii) shall be available only to the extent provided for in advance in an appropriations Act; and
“(iv) shall remain available until expended.
“(B) Use for field offices—Not less than 75 percent of amounts in the Fund may be appropriated for use only for the respective Department of the Interior field offices where the amounts were originally assessed as fees.
“(4) Initial fees—Fees shall be established under this subsection for the fiscal year in which this subsection takes effect and the subsequent 10 years, and shall not be raised without advise and consent of the Congress, except as determined by the Secretary to be appropriate as an adjustment equal to the percentage by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds the Consumer Price Index for the month of June of the calendar year in which the claim was determined or last adjusted.
“(5) Annual fees—Annual fees shall be collected under this subsection for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2014 shall be—
“(A) $10,500 for facilities with no wells, but with processing equipment or gathering lines;
“(B) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and
“(C) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells.
“(6) Fees for drilling rigs—Fees for drilling rigs shall be assessed under this subsection for all inspections completed in fiscal years 2015 through 2024. Fees for fiscal year 2015 shall be—
“(A) $30,500 per inspection for rigs operating in water depths of 1,000 feet or more; and
“(B) $16,700 per inspection for rigs operating in water depths of less than 1,000 feet.
“(7) Billing—The Secretary shall bill designated operators under paragraph (5) within 60 days after the date of the inspection, with payment required within 30 days of billing. The Secretary shall bill designated operators under paragraph (6) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days after billing.
“(8) Sunset—No fee may be collected under this subsection for any fiscal year after fiscal year 2024.
“(9) Annual reports
“(A) In general—Not later than 60 days after the end of each fiscal year beginning with fiscal year 2014, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year.
“(B) Contents—Each report shall include, for the fiscal year covered by the report, the following:
“(i) A statement of the amounts deposited into the Fund.
“(ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures and the additional hiring of personnel.
“(iii) A statement of the balance remaining in the Fund at the end of the fiscal year.
“(iv) An accounting of pace of permit approvals.
“(v) If fee increases are proposed after the initial 10-year period referred to in paragraph (5), a proper accounting of the potential adverse economic impacts such fee increases will have on offshore economic activity and overall production, conducted by the Secretary.
“(vi) Recommendations to increase the efficacy and efficiency of offshore inspections.
“(vii) Any corrective actions levied upon offshore inspectors as a result of any form of misconduct.”
Sec. 1050 Prohibition on action based on National Ocean Policy developed under Executive Order No. 13547
Prohibition— The Bureau of Ocean Energy and the Ocean Energy Safety Service may not develop, propose, finalize, administer, or implement, any limitation on activities under their jurisdiction as a result of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive Order No. 13547.
Report on expenditures— Not later than 60 days after the date of enactment of this Act, the President shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate identifying all Federal expenditures in fiscal years 2012, 2013, and 2014, by the Bureau of Ocean Energy and the Ocean Energy Safety Service and their predecessor agencies, by agency, account, and any pertinent subaccounts, for the development, administration, or implementation of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive Order No. 13547, including staff time, travel, and other related expenses.
E United States Territories
Sec. 1061 Application of Outer Continental Shelf Lands Act with respect to territories of the United States
Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended—
in paragraph (a), by inserting after “control” the following: “or lying within the United States exclusive economic zone and the Continental Shelf adjacent to any territory of the United States”;
in paragraph (p), by striking “and” after the semicolon at the end;
in paragraph (q), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(r) The term State includes each territory of the United States.”
F Judicial Review
Sec. 1071 Time for filing complaint
In general— Any cause of action that arises from a covered energy decision must be filed not later than the end of the 60-day period beginning on the date of the covered energy decision. Any cause of action not filed within this time period shall be barred.
Exception— Subsection (a) shall not apply to a cause of action brought by a party to a covered energy lease.
Sec. 1072 District court deadline
In general— All proceedings that are subject to section 1071—
shall be brought in the United States district court for the district in which the Federal property for which a covered energy lease is issued is located or the United States District Court of the District of Columbia;
shall be resolved as expeditiously as possible, and in any event not more than 170 days after such cause or claim is filed; and
shall take precedence over all other pending matters before the district court.
Failure To comply with deadline— If an interlocutory or final judgment, decree, or order has not been issued by the district court by the deadline described under this section, the cause or claim shall be dismissed with prejudice and all rights relating to such cause or claim shall be terminated.
Sec. 1073 Ability to seek appellate review
An interlocutory or final judgment, decree, or order of the district court in a proceeding that is subject to section 1071 may be reviewed by the United States Court of Appeals for the District of Columbia Circuit. The District of Columbia Circuit shall resolve any such appeal as expeditiously as possible and, in any event, not more than 180 days after such interlocutory or final judgment, decree, or order of the district court was issued.
Sec. 1074 Limitation on scope of review and relief
Administrative findings and conclusions— In any judicial review of any Federal action under this subtitle, any administrative findings and conclusions relating to the challenged Federal action shall be presumed to be correct unless shown otherwise by clear and convincing evidence contained in the administrative record.
Limitation on prospective relief— In any judicial review of any action, or failure to act, under this subtitle, the Court shall not grant or approve any prospective relief unless the Court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a Federal law requirement, and is the least intrusive means necessary to correct the violation concerned.
Sec. 1075 Legal fees
Any person filing a petition seeking judicial review of any action, or failure to act, under this subtitle who is not a prevailing party shall pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred by that party in connection with the judicial review, unless the Court finds that the position of the person was substantially justified or that special circumstances make an award unjust.
Sec. 1076 Exclusion
This subtitle shall not apply with respect to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof.
Sec. 1077 Definitions
In this subtitle, the following definitions apply:
Covered energy decision— The term covered energy decision means any action or decision by a Federal official regarding the issuance of a covered energy lease.
Covered energy lease— The term covered energy lease means any lease under this title or under an oil and gas leasing program under this title.
G Miscellaneous Provisions
Sec. 1081 Rules regarding distribution of revenues under Gulf of Mexico Energy Security Act of 2006
In general— Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall issue rules to provide more clarity, certainty, and stability to the revenue streams contemplated by the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note).
Contents— The rules shall include clarification of the timing and methods of disbursements of funds under section 105(b)(2) of such Act.
Sec. 1082 Seismic testing in the Atlantic Outer Continental Shelf
Not later than December 31, 2014, the Bureau of Ocean Energy Management shall publish a record of decision on the Atlantic G&G Programmatic Final Environmental Impact Statement.
Sec. 1083 Disposition of qualified outer Continental Shelf Revenues
The Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432; (43 U.S.C. 1331 note)) is amended—
by striking “2016” each place it appears and inserting “2014”; and
by striking section 105(f).
XI Alaskan Energy for American Jobs Act
Sec. 2001 Short title
This title may be cited as the “Alaskan Energy for American Jobs Act”.
Sec. 2002 Definitions
In this title:
Coastal plain— The term Coastal Plain means that area described in appendix I to part 37 of title 50, Code of Federal Regulations.
Peer reviewed— The term peer reviewed means reviewed—
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
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.
Secretary— The term Secretary, except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee.
Sec. 2003 Leasing program for lands within the Coastal Plain
In general— The Secretary shall take such actions as are necessary—
to establish and implement, in accordance with this title and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in the exploration, development, and production of the oil and gas resources of the Coastal Plain; and
to administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this title in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.
Repeal of existing restriction—
Repeal— Section 1003 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3143) is repealed.
Conforming amendment— The table of contents in section 1 of such Act is amended by striking the item relating to section 1003.
Compliance with requirements under certain other laws—
Compatibility— For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination.
Adequacy of the Department of the Interior’s legislative environmental impact statement— The “Final Legislative Environmental Impact Statement” (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities under this title, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this title before the conduct of the first lease sale.
Compliance with NEPA for other actions— Before conducting the first lease sale under this title, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this title that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this title shall be completed within 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title.
Relationship to State and local authority— Nothing in this title shall be considered to expand or limit State and local regulatory authority.
Special areas—
In general— The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres.
Management— Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values.
Exclusion from leasing or surface occupancy— The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area.
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.
Limitation on closed areas— The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this title.
Regulations—
In general— The Secretary shall prescribe such regulations as may be necessary to carry out this title, including regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this Act.
Revision of regulations— The Secretary shall, through a rulemaking conducted in accordance with section 553 of title 5, United States Code, periodically review and, if appropriate, revise the regulations issued under subsection (a) to reflect a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures.
Sec. 2004 Lease sales
In general— Lands may be leased under this title to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.).
Procedures— The Secretary shall, by regulation and no later than 180 days after the date of enactment of this title, establish procedures for—
receipt and consideration of sealed nominations for any area of the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale;
the holding of lease sales after such nomination process; and
public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.
Lease sale bids— Lease sales under this title may be conducted through an Internet leasing program, if the Secretary determines that such a system will result in savings to the taxpayer, an increase in the number of bidders participating, and higher returns than oral bidding or a sealed bidding system.
Sale acreages and schedule—
The Secretary shall offer for lease under this title those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1).
The Secretary shall offer for lease under this title no less than 50,000 acres for lease within 22 months after the date of the enactment of this title.
The Secretary shall offer for lease under this title no less than an additional 50,000 acres at 6-, 12-, and 18-month intervals following offering under paragraph (2).
The Secretary shall conduct four additional sales under the same terms and schedule no later than two years after the date of the last sale under paragraph (3), if sufficient interest in leasing exists to warrant, in the Secretary’s judgment, the conduct of such sales.
The Secretary shall evaluate the bids in each sale and issue leases resulting from such sales, within 90 days after the date of the completion of such sale.
Sec. 2005 Grant of leases by the Secretary
In general— The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted under section 2004 any lands to be leased on the Coastal Plain upon payment by the such bidder of such bonus as may be accepted by the Secretary.
Subsequent transfers— No lease issued under this title may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General.
Sec. 2006 Lease terms and conditions
An oil or gas lease issued under this title shall—
provide for the payment of a royalty of not less than 12½ 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;
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;
require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee;
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;
provide that the standard of reclamation for lands required to be reclaimed under this title shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as certified by the Secretary;
contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 2003(a)(2);
provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right-of-Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native corporations from throughout the State;
prohibit the export of oil produced under the lease; and
contain such other provisions as the Secretary determines necessary to ensure compliance with this title and the regulations issued under this title.
Sec. 2007 Policies regarding buying, building, and working for America
Congressional intent— It is the intent of the Congress that—
this title will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources; and
Congress will monitor the deployment of personnel and material onshore and offshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this title through good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources.
Requirement— The Secretary of the Interior shall when possible, and practicable, encourage the use of United States workers and equipment manufactured in the United States in all construction related to mineral development on the Coastal Plain.
Sec. 2008 Coastal Plain environmental protection
No significant adverse effect standard To govern authorized Coastal Plain activities— The Secretary shall, consistent with the requirements of section 2003, administer this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that—
ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment;
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
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.
Site-Specific assessment and mitigation— The Secretary shall also require, with respect to any proposed drilling and related activities, that—
a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment;
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
the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan.
Regulations To protect Coastal Plain fish and wildlife resources, subsistence users, and the environment— Before implementing the leasing program authorized by this title, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title.
Compliance with Federal and State environmental laws and other requirements— The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this title shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following:
Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the “Final Legislative Environmental Impact Statement” (April 1987) on the Coastal Plain.
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.
That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain.
Design safety and construction standards for all pipelines and any access and service roads, that—
minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and
minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices.
Prohibitions on general public access and use on all pipeline access and service roads.
Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this title, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose.
Appropriate prohibitions or restrictions on access by all modes of transportation.
Appropriate prohibitions or restrictions on sand and gravel extraction.
Consolidation of facility siting.
Appropriate prohibitions or restrictions on use of explosives.
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.
Avoidance or minimization of air traffic-related disturbance to fish and wildlife.
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.
Fuel storage and oil spill contingency planning.
Research, monitoring, and reporting requirements.
Field crew environmental briefings.
Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users.
Compliance with applicable air and water quality standards.
Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited.
Reasonable stipulations for protection of cultural and archeological resources.
All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary.
Considerations— In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following:
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.
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.
The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States.
Facility consolidation planning—
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.
Objectives— The plan shall have the following objectives:
Avoiding unnecessary duplication of facilities and activities.
Encouraging consolidation of common facilities and activities.
Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment.
Utilizing existing facilities wherever practicable.
Enhancing compatibility between wildlife values and development activities.
Access to public lands— The Secretary shall—
manage public lands in the Coastal Plain subject to section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and
ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses.
Sec. 2009 Expedited judicial review
Filing of complaint—
Deadline— Subject to paragraph (2), any complaint seeking judicial review—
of any provision of this title shall be filed by not later than 1 year after the date of enactment of this Act; or
of any action of the Secretary under this title shall be filed—
except as provided in clause (ii), within the 90-day period beginning on the date of the action being challenged; or
in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint.
Venue— Any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title may be filed only in the United States Court of Appeals for the District of Columbia.
Limitation on scope of certain review— Judicial review of a Secretarial decision to conduct a lease sale under this title, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with this title and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary.
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.
Limitation on attorneys’ fees and court costs— No person seeking judicial review of any action under this title shall receive payment from the Federal Government for their attorneys’ fees and other court costs, including under any provision of law enacted by the Equal Access to Justice Act (5 U.S.C. 504 note).
Sec. 2010 Treatment of revenues
Notwithstanding any other provision of law, 50 percent of the amount of bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this title shall be deposited in the Treasury.
Sec. 2011 Rights-of-way across the Coastal Plain
In general— The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas produced under leases under this title—
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
under title XI of the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171).
Terms and conditions— The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines.
Regulations— The Secretary shall include in regulations under section 2003(g) provisions granting rights-of-way and easements described in subsection (a) of this section.
Sec. 2012 Conveyance
In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall convey—
to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation dated January 22, 1993; and
to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America.
XII State control on all available Federal land
Sec. 3001 State control on all available Federal land
Definitions— In this section:
Available federal land— The term available Federal land means any Federal land that, as of May 31, 2013—
is located within the boundaries of a State;
is not held by the United States in trust for the benefit of a federally recognized Indian tribe;
is not a unit of the National Park System;
is not a unit of the National Wildlife Refuge System; and
is not a Congressionally designated wilderness area.
Secretary— The term Secretary means the Secretary of the Interior.
State— The term State means—
a State; and
the District of Columbia.
State programs—
In general— A State—
may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise its rights on available Federal land in the State; and
as a condition of certification under subsection (c)(2) shall submit a declaration to the Departments of the Interior, Agriculture, and Energy that a program under subparagraph (A) has been established or amended.
Amendment of programs— A State may amend a program developed and certified under this section at any time.
Certification of amended programs— Any program amended under paragraph (2) shall be certified under subsection (c)(2).
Leasing, permitting, and regulatory programs—
Satisfaction of federal requirements— Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
the National Historic Preservation Act (16 U.S.C. 470 et seq.).
Federal certification and transfer of development rights— Upon submission of a declaration by a State under subsection (b)(1)(B)—
the program under subsection (b)(1)(A) shall be certified; and
the State shall receive all rights from the Federal Government to develop all resources covered by the program.
Issuance of permits and leases— If a State elects to issue a permit or lease for the development of any resource on any available Federal land within the borders of the State in accordance with a program certified under paragraph (2), the permit or lease shall be considered to meet all applicable requirements of Federal law (including regulations).
Judicial review— Activities carried out in accordance with this title shall not be subject to judicial review.
Administrative procedure act— Activities carried out in accordance with this title shall not be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”).
XIII Federal Lands Jobs and Energy Security
A Federal Lands Jobs and Energy Security
Sec. 4001 Short title
This subtitle may be cited as the “Federal Lands Jobs and Energy Security Act”.
Sec. 4002 Policies regarding buying, building, and working for America
Congressional intent— It is the intent of the Congress that—
this title will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources;
to ensure a robust onshore energy production industry and ensure that the benefits of development support local communities, under this title, the Secretary shall make every effort to promote the development of onshore American energy, and shall take into consideration the socioeconomic impacts, infrastructure requirements, and fiscal stability for local communities located within areas containing onshore energy resources; and
the Congress will monitor the deployment of personnel and material onshore to encourage the development of American manufacturing to enable United States workers to benefit from this subtitle through good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources.
Requirement— The Secretary of the Interior shall when possible, and practicable, encourage the use of United States workers and equipment manufactured in the United States in all construction related to mineral resource development under this subtitle.
1 Onshore oil and gas permit streamlining
Sec. 4101 Short title
This chapter may be cited as the “Streamlining Permitting of American Energy Act of 2014”.
A Application for Permits To Drill Process Reform
Sec. 4111 Permit to drill application timeline
Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)) is amended to read as follows:
“(2) Applications for permits to drill reform and process
“(A) Timeline—The Secretary shall decide whether to issue a permit to drill within 30 days after receiving an application for the permit. The Secretary may extend such period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. The notice shall be in the form of a letter from the Secretary or a designee of the Secretary, and shall include the names and titles of the persons processing the application, the specific reasons for the delay, and a specific date a final decision on the application is expected.
“(B) Notice of reasons for denial—If the application is denied, the Secretary shall provide the applicant—
“(i) in writing, clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and
“(ii) an opportunity to remedy any deficiencies.
“(C) Application deemed approved—If the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application is deemed approved, except in cases in which existing reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are incomplete.
“(D) Denial of permit—If the Secretary decides not to issue a permit to drill in accordance with subparagraph (A), the Secretary shall—
“(i) provide to the applicant a description of the reasons for the denial of the permit;
“(ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and
“(iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary.
“(E) Fee
“(i) In general—Notwithstanding any other law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). This fee shall not apply to any resubmitted application.
“(ii) Treatment of permit processing fee—Of all fees collected under this paragraph, 50 percent shall be transferred to the field office where they are collected and used to process protests, leases, and permits under this Act subject to appropriation.”
Sec. 4112 Solar and wind right-of-way rental reform
In general— Subject to subsection (b), and notwithstanding any other provision of law, of fees collected each fiscal year as annual wind energy and solar energy right-of-way authorization fees required under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g))—
no less than 25 percent shall be available, subject to appropriation, for use for solar and wind permitting and management activities by Department of the Interior field offices responsible for the land where the fees were collected;
no less than 25 percent shall be available, subject to appropriation, for Bureau of Land Management solar and wind permit approval activities; and
no less than 25 percent shall be available, subject to appropriation, to the Secretary of the Interior for department-wide solar and wind permitting activities.
Limitation— The amount used under subsection (a) each fiscal year shall not exceed $5,000,000.
B Administrative Protest Documentation Reform
Sec. 4121 Administrative protest documentation reform
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is further amended by adding at the end the following:
“(4) Protest fee
“(A) In general—The Secretary shall collect a $5,000 documentation fee to accompany each protest for a lease, right-of-way, or application for permit to drill.
“(B) Treatment of fees—Of all fees collected under this paragraph, 50 percent shall remain in the field office where they are collected and used to process protests subject to appropriation.”
C Permit Streamlining
Sec. 4131 Improve Federal energy permit coordination
Establishment— The Secretary of the Interior (referred to in this section as the “Secretary”) shall establish a Federal Permit Streamlining Project (referred to in this section as the “Project”) in every Bureau of Land Management field office with responsibility for permitting energy projects on Federal land.
Memorandum of understanding—
In general— Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section with—
the Secretary of Agriculture;
the Administrator of the Environmental Protection Agency; and
the Chief of the Army Corps of Engineers.
State participation— The Secretary may request that the Governor of any State with energy projects on Federal lands to be a signatory to the memorandum of understanding.
Designation of qualified staff—
In general— Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), all Federal signatory parties shall, if appropriate, assign to each of the Bureau of Land Management field offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in—
the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536);
permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344);
regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.);
planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); and
the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Duties— Each employee assigned under paragraph (1) shall—
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;
be responsible for all issues relating to the energy projects that arise under the authorities of the employee’s home agency; and
participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal lands.
Additional personnel— The Secretary shall assign to each Bureau of Land Management field office identified in subsection (a) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
Funding— Funding for the additional personnel shall come from the Department of the Interior reforms identified in sections 4111, 4112, and 4121.
Savings provision— Nothing in this section affects—
the operation of any Federal or State law; or
any delegation of authority made by the head of a Federal agency whose employees are participating in the Project.
Definition— For purposes of this section the term energy projects includes oil, natural gas, coal, and other energy projects as defined by the Secretary.
Sec. 4132 Administration of current law
Notwithstanding any other law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942).
D Judicial Review
Sec. 4141 Definitions
In this subchapter—
the term covered civil action means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal lands of the United States; and
the term covered energy project means the leasing of Federal lands of the United States for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy, and any action under such a lease, except that the term does not include any disputes between the parties to a lease regarding the obligations under such lease, including regarding any alleged breach of the lease.
Sec. 4142 Exclusive venue for certain civil actions relating to covered energy projects
Venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed.
Sec. 4143 Timely filing
To ensure timely redress by the courts, a covered civil action must be filed no later than the end of the 90-day period beginning on the date of the final Federal agency action to which it relates.
Sec. 4144 Expedition in hearing and determining the action
The court shall endeavor to hear and determine any covered civil action as expeditiously as possible.
Sec. 4145 Standard of review
In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct, and the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record.
Sec. 4146 Limitation on injunction and prospective relief
In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. In addition, courts shall limit the duration of preliminary injunctions to halt covered energy projects to no more than 60 days, unless the court finds clear reasons to extend the injunction. In such cases of extensions, such extensions shall only be in 30-day increments and shall require action by the court to renew the injunction.
Sec. 4147 Limitation on attorneys’ fees
Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code (together commonly called the Equal Access to Justice Act), do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys’ fees, expenses, and other court costs.
Sec. 4148 Legal standing
Challengers filing appeals with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as challengers before a United States district court.
E Knowing America’s Oil and Gas Resources
Sec. 4151 Funding oil and gas resource assessments
In general— The Secretary of the Interior shall provide matching funding for joint projects with States to conduct oil and gas resource assessments on Federal lands with significant oil and gas potential.
Cost sharing— The Federal share of the cost of activities under this section shall not exceed 50 percent.
Resource assessment— Any resource assessment under this section shall be conducted by a State, in consultation with the United States Geological Survey.
Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section a total of $50,000,000 for fiscal years 2014 through 2017.
2 Oil and gas leasing certainty
Sec. 4161 Short title
This chapter may be cited as the “Providing Leasing Certainty for American Energy Act of 2014”.
Sec. 4162 Minimum acreage requirement for onshore lease sales
In conducting lease sales as required by section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)), each year the Secretary of the Interior shall perform the following:
The Secretary shall offer for sale no less than 25 percent of the annual nominated acreage not previously made available for lease. Acreage offered for lease pursuant to this paragraph shall not be subject to protest and shall be eligible for categorical exclusions under section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942), except that it shall not be subject to the test of extraordinary circumstances.
In administering this section, the Secretary shall only consider leasing of Federal lands that are available for leasing at the time the lease sale occurs.
Sec. 4163 Leasing certainty
Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) is amended by inserting “(1)” before “All lands”, and by adding at the end the following:
“(2)
“(A) The Secretary shall not withdraw any covered energy project issued under this Act without finding a violation of the terms of the lease by the lessee.
“(B) The Secretary shall not infringe upon lease rights under leases issued under this Act by indefinitely delaying issuance of project approvals, drilling and seismic permits, and rights of way for activities under such a lease.
“(C) No later than 18 months after an area is designated as open under the current land use plan the Secretary shall make available nominated areas for lease under the criteria in section 2.
“(D) Notwithstanding any other law, the Secretary shall issue all leases sold no later than 60 days after the last payment is made.
“(E) The Secretary shall not cancel or withdraw any lease parcel after a competitive lease sale has occurred and a winning bidder has submitted the last payment for the parcel.
“(F) Not later than 60 days after a lease sale held under this Act, the Secretary shall adjudicate any lease protests filed following a lease sale. If after 60 days any protest is left unsettled, said protest is automatically denied and appeal rights of the protestor begin.
“(G) No additional lease stipulations may be added after the parcel is sold without consultation and agreement of the lessee, unless the Secretary deems such stipulations as emergency actions to conserve the resources of the United States.”
Sec. 4164 Leasing consistency
Federal land managers must follow existing resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised, until such time as a new record of decision is signed.
Sec. 4165 Reduce redundant policies
Bureau of Land Management Instruction Memorandum 2010–117 shall have no force or effect.
Sec. 4166 Streamlined congressional notification
Section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)) is amended in the matter following paragraph (4) by striking “at least thirty days in advance of the reinstatement” and inserting “in an annual report”.
3 Oil shale
Sec. 4171 Short title
This chapter may be cited as the “Protecting Investment in Oil Shale the Next Generation of Environmental, Energy, and Resource Security Act” or the “PIONEERS Act”.
Sec. 4172 Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision
Regulations— Notwithstanding any other law or regulation to the contrary, the final regulations regarding oil shale management published by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69,414) are deemed to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Secretary of the Interior shall implement those regulations, including the oil shale leasing program authorized by the regulations, without any other administrative action necessary.
Amendments to resource management plans and record of decision— Notwithstanding any other law or regulation to the contrary, the November 17, 2008 U.S. Bureau of Land Management Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and Final Programmatic Environmental Impact Statement are deemed to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Secretary of the Interior shall implement the oil shale leasing program authorized by the regulations referred to in subsection (a) in those areas covered by the resource management plans amended by such amendments, and covered by such record of decision, without any other administrative action necessary.
Sec. 4173 Oil shale leasing
Additional research and development lease sales— The Secretary of the Interior shall hold a lease sale within 180 days after the date of enactment of this Act offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 10).
Commercial lease sales— No later than January 1, 2016, the Secretary of the Interior shall hold no less than 5 separate commercial lease sales in areas considered to have the most potential for oil shale development, as determined by the Secretary, in areas nominated through public comment. Each lease sale shall be for an area of not less than 25,000 acres, and in multiple lease blocs.
4 Miscellaneous provisions
Sec. 4181 Rule of construction
Nothing in this subtitle shall be construed to authorize the issuance of a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) to any person designated for the imposition of sanctions pursuant to—
the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note), the Comprehensive Iran Sanctions, Accountability and Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.), section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or the Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.);
Executive Order No. 13622 (July 30, 2012), Executive Order No. 13628 (October 9, 2012), or Executive Order No. 13645 (June 3, 2013);
Executive Order No. 13224 (September 23, 2001) or Executive Order No. 13338 (May 11, 2004); or
the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (22 U.S.C. 2151 note).
B Planning for American Energy
Sec. 4201 Short title
This subtitle may be cited as the “Planning for American Energy Act of 2014”.
Sec. 4202 Onshore domestic energy production strategic plan
In general— The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following:
“44. Quadrennial Strategic Federal Onshore Energy Production Strategy
“(a) In general
“(1) The Secretary of the Interior (hereafter in this section referred to as Secretary), in consultation with the Secretary of Agriculture with regard to lands administered by the Forest Service, shall develop and publish every 4 years a Quadrennial Federal Onshore Energy Production Strategy. This Strategy shall direct Federal land energy development and department resource allocation in order to promote the energy and national security of the United States in accordance with Bureau of Land Management’s mission of promoting the multiple use of Federal lands as set forth in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
“(2) In developing this Strategy, the Secretary shall consult with the Administrator of the Energy Information Administration on the projected energy demands of the United States for the next 30-year period, and how energy derived from Federal onshore lands can put the United States on a trajectory to meet that demand during the next 4-year period. The Secretary shall consider how Federal lands will contribute to ensuring national energy security, with a goal for increasing energy independence and production, during the next 4-year period.
“(3) The Secretary shall determine a domestic strategic production objective for the development of energy resources from Federal onshore lands. Such objective shall be—
“(A) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil and natural gas from the Federal onshore mineral estate, with a focus on lands held by the Bureau of Land Management and the Forest Service;
“(B) the best estimate, based upon commercial and scientific data, of the expected increase in domestic coal production from Federal lands;
“(C) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of strategic and critical energy minerals from the Federal onshore mineral estate;
“(D) the best estimate, based upon commercial and scientific data, of the expected increase in megawatts for electricity production from each of the following sources: wind, solar, biomass, hydropower, and geothermal energy produced on Federal lands administered by the Bureau of Land Management and the Forest Service;
“(E) the best estimate, based upon commercial and scientific data, of the expected increase in unconventional energy production, such as oil shale;
“(F) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil, natural gas, coal, and other renewable sources from tribal lands for any federally recognized Indian tribe that elects to participate in facilitating energy production on its lands;
“(G) the best estimate, based upon commercial and scientific data, of the expected increase in production of helium on Federal lands administered by the Bureau of Land Management and the Forest Service; and
“(H) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of geothermal, solar, wind, or other renewable energy sources from “available lands” (as such term is defined in section 203 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.), and including any other lands deemed by the Territory or State of Hawaii, as the case may be, to be included within that definition) that the agency or department of the government of the State of Hawaii that is responsible for the administration of such lands selects to be used for such energy production.
“(4) The Secretary shall consult with the Administrator of the Energy Information Administration regarding the methodology used to arrive at its estimates for purposes of this section.
“(5) The Secretary has the authority to expand the energy development plan to include other energy production technology sources or advancements in energy on Federal lands.
“(6) The Secretary shall include in the Strategy a plan for addressing new demands for transmission lines and pipelines for distribution of oil and gas across Federal lands to ensure that energy produced can be distributed to areas of need.
“(b) Tribal objectives—It is the sense of Congress that federally recognized Indian tribes may elect to set their own production objectives as part of the Strategy under this section. The Secretary shall work in cooperation with any federally recognized Indian tribe that elects to participate in achieving its own strategic energy objectives designated under this subsection.
“(c) Execution of the Strategy—The relevant Secretary shall have all necessary authority to make determinations regarding which additional lands will be made available in order to meet the production objectives established by strategies under this section. The Secretary shall also take all necessary actions to achieve these production objectives unless the President determines that it is not in the national security and economic interests of the United States to increase Federal domestic energy production and to further decrease dependence upon foreign sources of energy. In administering this section, the relevant Secretary shall only consider leasing Federal lands available for leasing at the time the lease sale occurs.
“(d) State, federally recognized Indian tribes, local government, and public input—In developing each strategy, the Secretary shall solicit the input of affected States, federally recognized Indian tribes, local governments, and the public.
“(e) Reporting—The Secretary shall report annually to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of meeting the production goals set forth in the strategy. The Secretary shall identify in the report projections for production and capacity installations and any problems with leasing, permitting, siting, or production that will prevent meeting the goal. In addition, the Secretary shall make suggestions to help meet any shortfalls in meeting the production goals.
“(f) Programmatic environmental impact statement—Not later than 12 months after the date of enactment of this section, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic environmental impact statement. This programmatic environmental impact statement will be deemed sufficient to comply with all requirements under that Act for all necessary resource management and land use plans associated with the implementation of the strategy.
“(g) Congressional review—At least 60 days prior to publishing a proposed strategy under this section, the Secretary shall submit it to the President and the Congress, together with any comments received from States, federally recognized Indian tribes, and local governments. Such submission shall indicate why any specific recommendation of a State, federally recognized Indian tribe, or local government was not accepted.
“(h) Strategic and critical energy minerals defined—For purposes of this section, the term strategic and critical energy minerals means those that are necessary for the Nation’s energy infrastructure including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production and those that are necessary to support domestic manufacturing, including but not limited to, materials used in energy generation, production, and transportation.”
First Quadrennial Strategy— Not later than 18 months after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress the first Quadrennial Federal Onshore Energy Production Strategy under the amendment made by subsection (a).
C National Petroleum Reserve in Alaska access
Sec. 4301 Short title
This subtitle may be cited as the “National Petroleum Reserve Alaska Access Act”.
Sec. 4302 Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska
It is the sense of Congress that—
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
accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve.
Sec. 4303 National Petroleum Reserve in Alaska: lease sales
Section 107(a) of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a(a)) is amended to read as follows:
“(a) In General—The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the reserve in accordance with this Act. Such program shall include at least one lease sale annually in those areas of the reserve most likely to produce commercial quantities of oil and natural gas each year in the period 2015 through 2025.”
Sec. 4304 National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction
In general— Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall facilitate and ensure permits, in a timely and environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary to—
develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; and
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.
Timeline— The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline:
Permits for such construction for transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary has issued a permit to drill shall be approved within 60 days after the date of enactment of this Act.
Permits for such construction for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved within 6 months after the submission to the Secretary of a request for a permit to drill.
Plan— To ensure timely future development of the Reserve, within 270 days after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the Reserve are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve.
Sec. 4305 Issuance of a new integrated activity plan and environmental impact statement
Issuance of new integrated activity plan— The Secretary of the Interior shall, within 180 days after the date of enactment of this Act, issue—
a new proposed integrated activity plan from among the non-adopted alternatives in the National Petroleum Reserve Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013; and
an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the National Petroleum Reserve-Alaska to promote efficient and maximum development of oil and natural gas resources of such reserve.
Nullification of existing record of decision, IAP, and EIS— Except as provided in subsection (a), the National Petroleum Reserve-Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013, including the integrated activity plan and environmental impact statement referred to in that record of decision, shall have no force or effect.
Sec. 4306 Departmental accountability for development
The Secretary of the Interior shall issue regulations not later than 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve-Alaska.
Sec. 4307 Deadlines under new proposed integrated activity plan
At a minimum, the new proposed integrated activity plan issued under section 4305(a)(1) shall—
require the Department of the Interior to respond within 5 business days to a person who submits an application for a permit for development of oil and natural gas leases in the National Petroleum Reserve-Alaska acknowledging receipt of such application; and
establish a timeline for the processing of each such application, that—
specifies deadlines for decisions and actions on permit applications; and
provides that the period for issuing each permit after submission of such an application shall not exceed 60 days without the concurrence of the applicant.
Sec. 4308 Updated resource assessment
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.
Cooperation and consultation— The resource assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists.
Timing— The resource assessment required by subsection (a) shall be completed within 24 months of the date of the enactment of this Act.
Funding— The United States Geological Survey may, in carrying out the duties under this section, cooperatively use resources and funds provided by the State of Alaska.
D BLM Live Internet Auctions
Sec. 4401 Short title
This subtitle may be cited as the “BLM Live Internet Auctions Act”.
Sec. 4402 Internet-based onshore oil and gas lease sales
in subparagraph (A), in the third sentence, by inserting “, except as provided in subparagraph (C)” after “by oral bidding”; and
by adding at the end the following:
“(C) In order to diversify and expand the Nation’s onshore leasing program to ensure the best return to the Federal taxpayer, reduce fraud, and secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods. Each individual Internet-based lease sale shall conclude within 7 days.”
Report— Not later than 90 days after the tenth Internet-based lease sale conducted under the amendment made by subsection (a), the Secretary of the Interior shall analyze the first 10 such lease sales and report to Congress the findings of the analysis. The report shall include—
estimates on increases or decreases in such lease sales, compared to sales conducted by oral bidding, in—
the number of bidders;
the average amount of bid;
the highest amount bid; and
the lowest bid;
an estimate on the total cost or savings to the Department of the Interior as a result of such sales, compared to sales conducted by oral bidding; and
an evaluation of the demonstrated or expected effectiveness of different structures for lease sales which may provide an opportunity to better maximize bidder participation, ensure the highest return to the Federal taxpayers, minimize opportunities for fraud or collusion, and ensure the security and integrity of the leasing process.
E Native American Energy
Sec. 4501 Short title
This subtitle may be cited as the “Native American Energy Act”.
Sec. 4502 Appraisals
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:
“2607. Appraisal reforms
“(a) Options to Indian Tribes—With respect to a transaction involving Indian land or the trust assets of an Indian tribe that requires the approval of the Secretary, any appraisal relating to fair market value required to be conducted under applicable law, regulation, or policy may be completed by—
“(1) the Secretary;
“(2) the affected Indian tribe; or
“(3) a certified, third-party appraiser pursuant to a contract with the Indian tribe.
“(b) Time Limit on Secretarial Review and Action—Not later than 30 days after the date on which the Secretary receives an appraisal conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) of subsection (a), the Secretary shall—
“(1) review the appraisal; and
“(2) provide to the Indian tribe a written notice of approval or disapproval of the appraisal.
“(c) Failure of Secretary To Approve or Disapprove—If, after 60 days, the Secretary has failed to approve or disapprove any appraisal received, the appraisal shall be deemed approved.
“(d) Option to Indian Tribes To Waive Appraisal
“(1) An Indian tribe wishing to waive the requirements of subsection (a), may do so after it has satisfied the requirements of subsections (2) and (3) below.
“(2) An Indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent, duly approved by the governing body of the Indian tribe.
“(3) The unambiguous indication of intent provided by the Indian tribe to the Secretary under paragraph (2) must include an express waiver by the Indian tribe of any claims for damages it might have against the United States as a result of the lack of an appraisal undertaken.
“(e) Definition—For purposes of this section, the term appraisal includes appraisals and other estimates of value.
“(f) Regulations—The Secretary shall develop regulations for implementing this section, including standards the Secretary shall use for approving or disapproving an appraisal.”
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. 4503 Standardization
As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall implement procedures to ensure that each agency within the Department of the Interior that is involved in the review, approval, and oversight of oil and gas activities on Indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells.
Sec. 4504 Environmental reviews of major Federal actions on Indian lands
Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended by inserting “(a) In general.—” before the first sentence, and by adding at the end the following:
“(b) Review of major Federal actions on Indian lands
“(1) In general—For any major Federal action on Indian lands of an Indian tribe requiring the preparation of a statement under subsection (a)(2)(C), the statement shall only be available for review and comment by the members of the Indian tribe and by any other individual residing within the affected area.
“(2) Regulations—The Chairman of the Council on Environmental Quality shall develop regulations to implement this section, including descriptions of affected areas for specific major Federal actions, in consultation with Indian tribes.
“(3) Definitions—In this subsection, each of the terms Indian land and Indian tribe has the meaning given that term in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
“(4) Clarification of authority—Nothing in the Native American Energy Act, except section 5006 of that Act, shall give the Secretary any additional authority over energy projects on Alaska Native Claims Settlement Act lands.”
Sec. 4505 Judicial review
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.
District court venue and deadline— All energy related actions—
shall be brought in the United States District Court for the District of Columbia; and
shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause of action is filed.
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.
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.
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.
Definitions— For the purposes of this section, the following definitions apply:
Agency action— The term agency action has the same meaning given such term in section 551 of title 5, United States Code.
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).
Energy related action— The term energy related action means a cause of action that—
is filed on or after the effective date of this Act; and
seeks judicial review of a final agency action to issue a permit, license, or other form of agency permission allowing—
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
any Indian Tribe, or any organization of 2 or more entities, at least 1 of which is an Indian tribe, to conduct activities involving the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken.
Ultimately prevail— The term ultimately prevail means, in a final enforceable judgment, the court rules in the party’s favor on at least 1 cause of action that is an underlying rationale for the preliminary injunction, administrative stay, or other relief requested by the party, and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree.
Sec. 4506 Tribal biomass demonstration project
The Tribal Forest Protection Act of 2004 is amended by inserting after section 2 (25 U.S.C. 3115a) the following:
“3. Tribal biomass demonstration project
“(a) In general—For each of fiscal years 2015 through 2019, the Secretary shall enter into stewardship contracts or other agreements, other than agreements that are exclusively direct service contracts, with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land.
“(b) Definitions—The definitions in section 2 shall apply to this section.
“(c) Demonstration projects—In each fiscal year for which projects are authorized, the Secretary shall enter into contracts or other agreements described in subsection (a) to carry out at least 4 new demonstration projects that meet the eligibility criteria described in subsection (d).
“(d) Eligibility criteria—To be eligible to enter into a contract or other agreement under this subsection, an Indian tribe shall submit to the Secretary an application—
“(1) containing such information as the Secretary may require; and
“(2) that includes a description of—
“(A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and
“(B) the demonstration project proposed to be carried out by the Indian tribe.
“(e) Selection—In evaluating the applications submitted under subsection (c), the Secretary—
“(1) shall take into consideration the factors set forth in paragraphs (1) and (2) of section 2(e) of Public Law 108–278; and whether a proposed demonstration project would—
“(A) increase the availability or reliability of local or regional energy;
“(B) enhance the economic development of the Indian tribe;
“(C) improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities;
“(D) improve the forest health or watersheds of Federal land or Indian forest land or rangeland; or
“(E) otherwise promote the use of woody biomass; and
“(2) shall exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.
“(f) Implementation—The Secretary shall—
“(1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section; and
“(2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section.
“(g) Report—Not later than September 20, 2015, the Secretary shall submit to Congress a report that describes, with respect to the reporting period—
“(1) each individual tribal application received under this section; and
“(2) each contract and agreement entered into pursuant to this section.
“(h) Incorporation of management plans—In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe.
“(i) Term—A stewardship contract or other agreement entered into under this section—
“(1) shall be for a term of not more than 20 years; and
“(2) may be renewed in accordance with this section for not more than an additional 10 years.”
Sec. 4507 Tribal resource management plans
Unless otherwise explicitly exempted by Federal law enacted after the date of the enactment of this Act, any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary of the Interior under the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.) or the American Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.), shall be considered a sustainable management practice for purposes of any Federal standard, benefit, or requirement that requires a demonstration of such sustainability.
Sec. 4508 Leases of restricted lands for the Navajo Nation
Subsection (e)(1) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(e)(1); commonly referred to as the “Long-Term Leasing Act”), is amended—
by striking “, except a lease for” and inserting “, including leases for”;
in subparagraph (A), by striking “25” the first place it appears and all that follows and inserting “99 years;”;
in subparagraph (B), by striking the period and inserting “; and”; and
by adding at the end the following:
“(C) in the case of a lease for the exploration, development, or extraction of mineral resources, including geothermal resources, 25 years, except that any such lease may include an option to renew for one additional term not to exceed 25 years.”
Sec. 4509 Nonapplicability of certain rules
No rule promulgated by the Department of the Interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status.
Sec. 4510 Permits for incidental take
Section 1 of the Act of June 8, 1940 (chapter 278; 16 U.S.C. 668), popularly known as the Bald and Golden Eagle Protection Act, is amended by adding at the end the following:
“(d) Permits for incidental take—Upon submission of a substantially completed application, the Secretary shall issue or deny an eagle take permit for no less than 30 years under section 22.26 of title 50, Code of Federal Regulations, that authorizes taking of any bald eagle or golden eagle that is incidental to, but not the purpose of, an otherwise lawful activity. Failure to issue or deny such a permit within a reasonable time (which shall not exceed one year) is deemed issuance of such permit, and the applicant shall not be subject to liability for any incidental take of a bald eagle or golden eagle that is in conformity with the information submitted to the Secretary as part of the application for the permit.”
Sec. 4511 Migratory Bird Treaty Act
Section 6(a) of the Migratory Bird Treaty Act (16 U.S.C. 707(a)) is amended—
by striking “shall” the first and second place it appears and inserting “shall with intent knowingly”; and
by adding at the end the following: “For the purposes of this subsection, “with intent knowingly” does not include any taking, killing, or other harm to any migratory bird that is accidental or incidental to the presence or operation of an otherwise lawful activity.”.
XIV Hydraulic Fracturing
A State Authority for Hydraulic Fracturing Regulation
Sec. 5101 Short title
This title may be cited as the “Protecting States’ Rights to Promote American Energy Security Act”.
Sec. 5102 State authority for hydraulic fracturing regulation
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following:
“44. State authority for hydraulic fracturing regulation
“(a) In general—The Department of the Interior shall not enforce any Federal regulation, guidance, or permit requirement regarding hydraulic fracturing, or any component of that process, relating to oil, gas, or geothermal production activities on or under any land in any State that has regulations, guidance, or permit requirements for that activity.
“(b) State authority—The Department of the Interior shall recognize and defer to State regulations, permitting, and guidance, for all activities related to hydraulic fracturing, or any component of that process, relating to oil, gas, or geothermal production activities on Federal land.
“(c) Transparency of State regulations
“(1) In general—Each State shall submit to the Bureau of Land Management a copy of its regulations that apply to hydraulic fracturing operations on Federal land.
“(2) Availability—The Secretary of the Interior shall make available to the public State regulations submitted under this subsection.
“(d) Transparency of State disclosure requirements
“(1) In general—Each State shall submit to the Bureau of Land Management a copy of any regulations of the State that require disclosure of chemicals used in hydraulic fracturing operations on Federal land.
“(2) Availability—The Secretary of the Interior shall make available to the public State regulations submitted under this subsection.
“(e) Hydraulic fracturing defined—In this section the term hydraulic fracturing means the process by which fracturing fluids (or a fracturing fluid system) are pumped into an underground geologic formation at a calculated, predetermined rate and pressure to generate fractures or cracks in the target formation and thereby increase the permeability of the rock near the wellbore and improve production of natural gas or oil.”
Sec. 5103 Government Accountability Office study
Study— The Comptroller General of the United States shall conduct a study examining the economic benefits of domestic shale oil and gas production resulting from the process of hydraulic fracturing. This study shall include identification of—
State and Federal revenue generated as a result of shale gas production;
jobs created both directly and indirectly as a result of shale oil and gas production; and
an estimate of potential energy prices without domestic shale oil and gas production.
Report— The Comptroller General shall submit a report on the findings of such study to the Committee on Natural Resources of the House of Representatives within 30 days after completion of the study.
Sec. 5104 Tribal authority on trust land
The Department of the Interior shall not enforce any Federal regulation, guidance, or permit requirement regarding the process of hydraulic fracturing (as that term is defined in section 44 of the Mineral Leasing Act, as amended by section 5102 of this title), or any component of that process, relating to oil, gas, or geothermal production activities on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status.
B EPA Hydraulic Fracturing Research
Sec. 5201 Short title
This title may be cited as the “EPA Hydraulic Fracturing Study Improvement Act”.
Sec. 5202 EPA hydraulic fracturing research
In conducting its study of the potential impacts of hydraulic fracturing on drinking water resources, with respect to which a request for information was issued under Federal Register, Vol. 77, No. 218, the Administrator of the Environmental Protection Agency shall adhere to the following requirements:
Peer review and information quality— Prior to issuance and dissemination of any final report or any interim report summarizing the Environmental Protection Agency’s research on the relationship between hydraulic fracturing and drinking water, the Administrator shall—
consider such reports to be Highly Influential Scientific Assessments and require peer review of such reports in accordance with guidelines governing such assessments, as described in—
the Environmental Protection Agency’s Peer Review Handbook 3rd Edition;
the Environmental Protection Agency’s Scientific Integrity Policy, as in effect on the date of enactment of this Act; and
the Office of Management and Budget’s Peer Review Bulletin, as in effect on the date of enactment of this Act; and
require such reports to meet the standards and procedures for the dissemination of influential scientific, financial, or statistical information set forth in the Environmental Protection Agency’s Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency, developed in response to guidelines issued by the Office of Management and Budget under section 515(a) of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Public Law 106–554).
Probability, uncertainty, and consequence— In order to maximize the quality and utility of information developed through the study, the Administrator shall ensure that identification of the possible impacts of hydraulic fracturing on drinking water resources included in such reports be accompanied by objective estimates of the probability, uncertainty, and consequence of each identified impact, taking into account the risk management practices of States and industry. Estimates or descriptions of probability, uncertainty, and consequence shall be as quantitative as possible given the validity, accuracy, precision, and other quality attributes of the underlying data and analyses, but no more quantitative than the data and analyses can support.
Release of final report— The final report shall be publicly released by September 30, 2016.
C Miscellaneous provisions
Sec. 5301 Review of State activities
The Secretary of the Interior shall annually review and report to Congress on all State activities relating to hydraulic fracturing.
XV Northern Route Approval
Sec. 6001 Short title
This title may be cited as the “Northern Route Approval Act”.
Sec. 6002 Findings
The Congress finds the following:
To maintain our Nation’s competitive edge and ensure an economy built to last, the United States must have fast, reliable, resilient, and environmentally sound means of moving energy. In a global economy, we will compete for the world’s investments based in significant part on the quality of our infrastructure. Investing in the Nation’s infrastructure provides immediate and long-term economic benefits for local communities and the Nation as a whole.
The delivery of oil from Canada, a close ally not only in proximity but in shared values and ideals, to domestic markets is in the national interest because of the need to lessen dependence upon insecure foreign sources.
The Keystone XL pipeline would provide both short-term and long-term employment opportunities and related labor income benefits, such as government revenues associated with taxes.
The State of Nebraska has thoroughly reviewed and approved the proposed Keystone XL pipeline reroute, concluding that the concerns of Nebraskans have had a major influence on the pipeline reroute and that the reroute will have minimal environmental impacts.
The Department of State and other Federal agencies have over a long period of time conducted extensive studies and analysis of the technical aspects and of the environmental, social, and economic impacts of the proposed Keystone XL pipeline, and—
the Department of State assessments found that the Keystone XL pipeline “is not likely to impact the amount of crude oil produced from the oil sands” and that “approval or denial of the proposed project is unlikely to have a substantial impact on the rate of development in the oil sands”;
the Department of State found that incremental life-cycle greenhouse gas emissions associated with the Keystone XL project are estimated in the range of 0.07 to 0.83 million metric tons of carbon dioxide equivalents, with the upper end of this range representing twelve one-thousandths of one percent of the 6,702 million metric tons of carbon dioxide emitted in the United States in 2011; and
after extensive evaluation of potential impacts to land and water resources along the Keystone XL pipeline’s 875-mile proposed route, the Department of State found that “The analyses of potential impacts associated with construction and normal operation of the proposed Project suggest that there would be no significant impacts to most resources along the proposed Project route (assuming Keystone complies with all laws and required conditions and measures).”.
The transportation of oil via pipeline is the safest and most economically and environmentally effective means of doing so, and—
transportation of oil via pipeline has a record of unmatched safety and environmental protection, and the Department of State found that “Spills associated with the proposed Project that enter the environment expected to be rare and relatively small”, and that “there is no evidence of increased corrosion or other pipeline threat due to viscosity” of diluted bitumen oil that will be transported by the Keystone XL pipeline; and
plans to incorporate 57 project-specific special conditions related to the design, construction, and operations of the Keystone XL pipeline led the Department of State to find that the pipeline will have “a degree of safety over any other typically constructed domestic oil pipeline”.
The Keystone XL is in much the same position today as the Alaska Pipeline in 1973 prior to congressional action. Once again, the Federal regulatory process remains an insurmountable obstacle to a project that is likely to reduce oil imports from insecure foreign sources.
Sec. 6003 Keystone XL permit approval
Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no Presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. The final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with the Final Evaluation Report described in the previous sentence, shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16 U.S.C. 470 et seq.).
Sec. 6004 Judicial review
Exclusive jurisdiction— Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine—
the validity of any final order or action (including a failure to act) of any Federal agency or officer with respect to issuance of a permit relating to the construction or maintenance of the Keystone XL pipeline, including any final order or action deemed to be taken, made, granted, or issued;
the constitutionality of any provision of this title, or any decision or action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this title; or
the adequacy of any environmental impact statement prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), or of any analysis under any other Act, with respect to any action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this title.
Deadline for filing claim— A claim arising under this title may be brought not later than 60 days after the date of the decision or action giving rise to the claim.
Expedited consideration— The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant oil reserves in Canada that are needed to meet the demand for oil.
Sec. 6005 American burying beetle
Findings— The Congress finds that—
environmental reviews performed for the Keystone XL pipeline project satisfy the requirements of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) in its entirety; and
for purposes of that Act, the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat.
Biological opinion— The Secretary of the Interior is deemed to have issued a written statement setting forth the Secretary’s opinion containing such findings under section 7(b)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)(A)) and any taking of the American burying beetle that is incidental to the construction or operation and maintenance of the Keystone XL pipeline as it may be ultimately defined in its entirety, shall not be considered a prohibited taking of such species under such Act.
Sec. 6006 Right-of-way and temporary use permit
The Secretary of the Interior is deemed to have granted or issued a grant of right-of-way and temporary use permit under section 28 of the Mineral Leasing Act (30 U.S.C. 185) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), as set forth in the application tendered to the Bureau of Land Management for the Keystone XL pipeline.
Sec. 6007 Permits for activities in navigable waters
Issuance of permits— The Secretary of the Army, not later than 90 days after receipt of an application therefor, shall issue all permits under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) and section 10 of the Act of March 3, 1899 (33 U.S.C. 403; commonly known as the Rivers and Harbors Appropriations Act of 1899), necessary for the construction, operation, and maintenance of the pipeline described in the May 4, 2012, application referred to in section 6003, as supplemented by the Nebraska reroute. The application shall be based on the administrative record for the pipeline as of the date of enactment of this Act, which shall be considered complete.
Waiver of procedural requirements— The Secretary may waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this section.
Issuance in absence of action by the Secretary— If the Secretary has not issued a permit described in subsection (a) on or before the last day of the 90-day period referred to in subsection (a), the permit shall be deemed issued under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Act of March 3, 1899 (33 U.S.C. 403), as appropriate, on the day following such last day.
Limitation— The Administrator of the Environmental Protection Agency may not prohibit or restrict an activity or use of an area that is authorized under this section.
Sec. 6008 Migratory Bird Treaty Act permit
The Secretary of the Interior is deemed to have issued a special purpose permit under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), as described in the application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline on January 11, 2013.
Sec. 6009 Oil spill response plan disclosure
In general— Any pipeline owner or operator required under Federal law to develop an oil spill response plan for the Keystone XL pipeline shall make such plan available to the Governor of each State in which such pipeline operates to assist with emergency response preparedness.
Updates— A pipeline owner or operator required to make available to a Governor a plan under subsection (a) shall make available to such Governor any update of such plan not later than 7 days after the date on which such update is made.
XVI Relief from EPA climate change regulations and Federal prohibitions on synthetic fuels
Sec. 7001 Repeal of EPA climate change regulation
Greenhouse gas regulation under Clean Air Act— Section 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is amended by adding the following at the end thereof: “The term air pollutant shall not include carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.”.
No regulation of climate change— Nothing in the Clean Air Act (42 U.S.C. 7401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), shall be treated as authorizing or requiring the regulation of climate change or global warming.
Sec. 7002 Repeal of Federal ban on synthetic fuels purchasing requirement
Section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1663; 42 U.S.C. 17142) is repealed.
Sec. 7003 Sense of Congress opposing carbon tax
Sec. 7004 Prohibition on use of social cost of carbon in analysis
In General— Notwithstanding any other provision of law or any executive order, the Administrator of the Environmental Protection Agency may not use the social cost of carbon in order to incorporate social benefits of reducing carbon dioxide emissions, or for any other reason, in any cost-benefit analysis relating to an energy-related rule.
Definition— In this section, the term social cost of carbon means the social cost of carbon as described in the technical support document entitled “Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866”, published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013, or any successor or substantially related document, or any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year.
XVII Addressing the President’s War on Coal
A Management and disposal of coal combustion residuals
Sec. 8001 Short title
This subtitle may be cited as the “Coal Residuals Reuse and Management Act of 2014”.
Sec. 8002 Management and disposal of coal combustion residuals
In general— Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following:
“4011. Management and disposal of coal combustion residuals
“(a) State permit programs for coal combustion residuals—Each State may adopt, implement, and enforce a coal combustion residuals permit program if such State provides the notification required under subsection (b)(1), and the certification required under subsection (b)(2).
“(b) State actions
“(1) Notification—Not later than 6 months after the date of enactment of this section (except as provided by the deadline identified under subsection (d)(3)(B)), the Governor of each State shall notify the Administrator, in writing, whether such State will adopt and implement a coal combustion residuals permit program.
“(2) Certification
“(A) In general—Not later than 36 months after the date of enactment of this section (except as provided in subsection (f)(1)(A)), in the case of a State that has notified the Administrator that it will implement a coal combustion residuals permit program, the head of the lead State implementing agency shall submit to the Administrator a certification that such coal combustion residuals permit program meets the requirements described in subsection (c).
“(B) Contents—A certification submitted under this paragraph shall include—
“(i) a letter identifying the lead State implementing agency, signed by the head of such agency;
“(ii) identification of any other State agencies involved with the implementation of the coal combustion residuals permit program;
“(iii) an explanation of how the State coal combustion residuals permit program meets the requirements of this section, including a description of the State’s—
“(I) process to inspect or otherwise determine compliance with such permit program;
“(II) process to enforce the requirements of such permit program;
“(III) public participation process for the promulgation, amendment, or repeal of regulations for, and the issuance of permits under, such permit program;
“(IV) statutes, regulations, or policies pertaining to public access to information, such as groundwater monitoring data; and
“(V) statutes, regulations, or policies pertaining to structural integrity or dam safety that may be applied to structures through such permit program;
“(iv) a certification that the State has in effect, at the time of certification, statutes or regulations necessary to implement a coal combustion residuals permit program that meets the requirements described in subsection (c);
“(v) copies of State statutes and regulations described in clause (iv); and
“(vi) an emergency action plan for State response to a leak or spill at a structure that receives coal combustion residuals.
“(C) Updates—A State may update the certification as needed to reflect changes to the coal combustion residuals permit program.
“(3) Maintenance of 4005(c) or 3006 program—In order to adopt or implement a coal combustion residuals permit program under this section (including pursuant to subsection (f)), the State implementing agency shall maintain an approved permit program or other system of prior approval and conditions under section 4005(c) or an authorized program under section 3006.
“(c) Requirements for a coal combustion residuals permit program—A coal combustion residuals permit program shall consist of the following:
“(1) General requirements
“(A) In general—The implementing agency shall—
“(i) apply the subset of the revised criteria described in paragraph (2) to owners or operators of structures, including surface impoundments, that receive coal combustion residuals on or after the date of enactment of this section;
“(ii) with respect to structures that are receiving coal combustion residuals as of the date of enactment of this section, take the actions required under paragraph (3);
“(iii) impose requirements for surface impoundments that do not meet certain criteria pursuant to paragraph (4); and
“(iv) require that closure of structures occur in accordance with paragraph (5).
“(B) Structural integrity
“(i) Engineering certification—The implementing agency shall require that an independent registered professional engineer certify that—
“(I) the design of each structure that receives coal combustion residuals on or after the date of enactment of this section is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded therein; and
“(II) the construction and maintenance of the structure will ensure structural stability.
“(ii) Emergency action plan—The implementing agency shall require that the owner or operator of any structure that is a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section and that is classified by the State as posing a high hazard potential pursuant to the guidelines published by the Federal Emergency Management Agency entitled “Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams” (FEMA Publication Number 333) prepare and maintain an emergency action plan that identifies responsible persons and actions to be taken in the event of a dam safety emergency.
“(iii) Inspection
“(I) In general—The implementing agency shall require that structures that are surface impoundments that receive coal combustion residuals on or after the date of enactment of this section be inspected not less than annually by an independent registered professional engineer to assure that the design, operation, and maintenance of the surface impoundment is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded therein, so as to ensure dam stability.
“(II) Potentially hazardous conditions—The implementing agency shall require that if an inspection under subclause (I), or a periodic evaluation under clause (iv), reveals a potentially hazardous condition, the owner or operator of the structure shall immediately take action to mitigate the potentially hazardous condition and notify appropriate State and local first responders.
“(iv) Periodic evaluation—The implementing agency shall require that structures that are surface impoundments that receive coal combustion residuals on or after the date of enactment of this section be periodically evaluated for appearances of structural weakness.
“(v) Deficiency
“(I) In general—If the head of the implementing agency determines that a structure is deficient with respect to the requirements in clause (i), (iii), or (iv), the head of the agency has the authority to require action to correct the deficiency according to a schedule determined by the agency.
“(II) Uncorrected deficiencies—If a deficiency is not corrected according to the schedule, the head of the implementing agency has the authority to require that the structure close in accordance with paragraph (5).
“(III) Dam safety consultation—In the case of a structure that is a surface impoundment, the head of the implementing agency shall, in making a determination under subclause (I), consult with appropriate State dam safety officials.
“(C) Location—The implementing agency shall require that structures that first receive coal combustion residuals on or after the date of enactment of this section shall be constructed with a base located a minimum of 2 feet above the upper limit of the water table, unless it is demonstrated to the satisfaction of the implementing agency that—
“(i) the hydrogeologic characteristics of a structure and surrounding land would preclude such a requirement; and
“(ii) the function and integrity of the liner system will not be adversely impacted by contact with the water table.
“(D) Wind dispersal
“(i) In general—The implementing agency shall require that owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section address wind dispersal of dust by requiring cover, or by wetting coal combustion residuals with water to a moisture content that prevents wind dispersal, facilitates compaction, and does not result in free liquids.
“(ii) Alternative methods—Subject to the review and approval by the implementing agency, owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section may propose alternative methods to address wind dispersal of dust that will provide comparable or more effective control of dust.
“(E) Permits—The implementing agency shall require that owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section apply for and obtain permits incorporating the requirements of the coal combustion residuals permit program.
“(F) Public availability of information—Except for information with respect to which disclosure is prohibited under section 1905 of title 18, United States Code, the implementing agency shall ensure that—
“(i) documents for permit determinations are made available for public review and comment under the public participation process described in subsection (b)(2)(B)(iii)(III) or in subsection (e)(6), as applicable;
“(ii) final determinations on permit applications are made known to the public; and
“(iii) groundwater monitoring data collected under paragraph (2) is publicly available.
“(G) Agency authority
“(i) In general—The implementing agency has the authority to—
“(I) obtain information necessary to determine whether the owner or operator of a structure is in compliance with the requirements of this subsection;
“(II) conduct or require monitoring and testing to ensure that structures are in compliance with the requirements of this subsection; and
“(III) enter, at reasonable times, any site or premise subject to the coal combustion residuals permit program for the purpose of inspecting structures and reviewing records relevant to the design, operation, and maintenance of structures.
“(ii) Monitoring and testing—If monitoring or testing is conducted under clause (i)(II) by or for the implementing agency, the implementing agency shall, if requested, provide to the owner or operator—
“(I) a written description of the monitoring or testing completed;
“(II) at the time of sampling, a portion of each sample equal in volume or weight to the portion retained by or for the implementing agency; and
“(III) a copy of the results of any analysis of samples collected by or for the implementing agency.
“(2) Revised criteria—The subset of the revised criteria referred to in paragraph (1)(A)(i) are as follows:
“(A) Design requirements—For new structures, and lateral expansions of existing structures, that first receive coal combustion residuals on or after the date of enactment of this section, the revised criteria regarding design requirements described in section 258.40 of title 40, Code of Federal Regulations, except that the leachate collection system requirements described in section 258.40(a)(2) of title 40, Code of Federal Regulations, do not apply to structures that are surface impoundments.
“(B) Groundwater monitoring and corrective action—For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria regarding groundwater monitoring and corrective action requirements described in subpart E of part 258 of title 40, Code of Federal Regulations, except that, for the purposes of this subparagraph, the revised criteria shall also include—
“(i) for the purposes of detection monitoring, the constituents boron, chloride, conductivity, fluoride, mercury, pH, sulfate, sulfide, and total dissolved solids; and
“(ii) for the purposes of assessment monitoring, establishing a groundwater protection standard, and assessment of corrective measures, the constituents aluminum, boron, chloride, fluoride, iron, manganese, molybdenum, pH, sulfate, and total dissolved solids.
“(C) Closure—For all structures that receive coal combustion residuals on or after the date of enactment of this section, in a manner consistent with paragraph (5), the revised criteria for closure described in subsections (a) through (c) and (h) through (j) of section 258.60 of title 40, Code of Federal Regulations.
“(D) Post-closure—For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for post-closure care described in section 258.61 of title 40, Code of Federal Regulations, except for the requirement described in subsection (a)(4) of that section.
“(E) Location restrictions—The revised criteria for location restrictions described in—
“(i) for new structures, and lateral expansions of existing structures, that first receive coal combustion residuals on or after the date of enactment of this section, sections 258.11 through 258.15 of title 40, Code of Federal Regulations; and
“(ii) for existing structures that receive coal combustion residuals on or after the date of enactment of this section, sections 258.11 and 258.15 of title 40, Code of Federal Regulations.
“(F) Air quality—For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for air quality described in section 258.24 of title 40, Code of Federal Regulations.
“(G) Financial assurance—For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for financial assurance described in subpart G of part 258 of title 40, Code of Federal Regulations.
“(H) Surface water—For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for surface water described in section 258.27 of title 40, Code of Federal Regulations.
“(I) Recordkeeping—For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for recordkeeping described in section 258.29 of title 40, Code of Federal Regulations.
“(J) Run-on and run-off control systems for land-based units—For all landfills and other land-based units, other than surface impoundments, that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for run-on and run-off control systems described in section 258.26 of title 40, Code of Federal Regulations.
“(K) Run-off control systems for surface impoundments—For all surface impoundments that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for run-off control systems described in section 258.26(a)(2) of title 40, Code of Federal Regulations.
“(3) Permit program implementation for existing structures
“(A) Notification—Not later than the date on which a State submits a certification under subsection (b)(2), not later than 30 months after the Administrator receives notice under subsection (e)(1)(A), or not later than 36 months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the Administrator under subsection (e)(3), as applicable, the implementing agency shall notify owners or operators of structures that are receiving coal combustion residuals as of the date of enactment of this section within the State of—
“(i) the obligation to apply for and obtain a permit under subparagraph (C); and
“(ii) the requirements referred to in subparagraph (B).
“(B) Compliance with certain requirements—Not later than 12 months after the date on which a State submits a certification under subsection (b)(2), not later than 42 months after the Administrator receives notice under subsection (e)(1)(A), or not later than 48 months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the Administrator under subsection (e)(3), as applicable, the implementing agency shall require owners or operators of structures that are receiving coal combustion residuals as of the date of enactment of this section to comply with—
“(i) the requirements under paragraphs (1)(B)(ii) and (iii), (1)(D), (2)(B), (2)(F), (2)(H), (2)(J), and (2)(K); and
“(ii) the groundwater recordkeeping requirement described in section 258.29(a)(5) of title 40, Code of Federal Regulations.
“(C) Permits
“(i) Permit deadline—Not later than 48 months after the date on which a State submits a certification under subsection (b)(2), not later than 78 months after the Administrator receives notice under subsection (e)(1)(A), or not later than 84 months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the Administrator under subsection (e)(3), as applicable, the implementing agency shall issue, with respect to a structure that is receiving coal combustion residuals as of the date of enactment of this section, a final permit incorporating the requirements of the coal combustion residuals permit program, or a final denial for an application submitted requesting such a permit.
“(ii) Application deadline—The implementing agency shall identify, in collaboration with the owner or operator of a structure described in clause (i), a reasonable deadline by which the owner or operator shall submit a permit application under such clause.
“(D) Interim operation
“(i) Prior to deadlines—With respect to any period of time on or after the date of enactment of this section but prior to the applicable deadline in subparagraph (B), the owner or operator of a structure that is receiving coal combustion residuals as of the date of enactment of this section may continue to operate such structure until such applicable deadline under the applicable authority in effect.
“(ii) Prior to permit—Unless the implementing agency determines that the structure should close pursuant to paragraph (5), if the owner or operator of a structure that is receiving coal combustion residuals as of the date of enactment of this section meets the requirements referred to in subparagraph (B) by the applicable deadline in such subparagraph, the owner or operator may operate the structure until such time as the implementing agency issues, under subparagraph (C), a final permit incorporating the requirements of the coal combustion residuals permit program, or a final denial for an application submitted requesting such a permit.
“(4) Requirements for surface impoundments that do not meet certain criteria
“(A) Surface impoundments that require assessment of corrective measures within 10 years of the date of enactment
“(i) In general—In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(B), the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause (ii) of this subparagraph and clauses (i) and (ii) of subparagraph (D) if the surface impoundment—
“(I) does not—
“(aa) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; and
“(bb) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; and
“(II) within 10 years after the date of enactment of this section, is required under section 258.56(a) of title 40, Code of Federal Regulations, to undergo an assessment of corrective measures for any constituent covered under subpart E of part 258 of title 40, Code of Federal Regulations, or otherwise identified in paragraph (2)(B)(ii) of this subsection, for which assessment groundwater monitoring is required.
“(ii) Deadline to meet groundwater protection standard—Except as provided in subparagraph (C), the implementing agency shall require that the groundwater protection standard, for surface impoundments identified in clause (i) of this subparagraph, established by the implementing agency under section 258.55(h) or 258.55(i) of title 40, Code of Federal Regulations, for any constituent for which corrective measures are required shall be met—
“(I) as soon as practicable at the relevant point of compliance, as described in section 258.40(d) of title 40, Code of Federal Regulations; and
“(II) not later than 10 years after the date of enactment of this section.
“(B) Surface impoundments subject to a state corrective action requirement as of the date of enactment
“(i) In general—In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(B), the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause (ii) of this subparagraph and clauses (i) and (ii) of subparagraph (D) if the surface impoundment—
“(I) does not—
“(aa) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; and
“(bb) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; and
“(II) as of the date of enactment of this section, is subject to a State corrective action requirement.
“(ii) Deadline to meet groundwater protection standard—Except as provided in subparagraph (C), the implementing agency shall require that the groundwater protection standard, for surface impoundments identified in clause (i) of this subparagraph, established by the implementing agency under section 258.55(h) or 258.55(i) of title 40, Code of Federal Regulations, for any constituent for which corrective measures are required shall be met—
“(I) as soon as practicable at the relevant point of compliance, as described in section 258.40(d) of title 40, Code of Federal Regulations; and
“(II) not later than 8 years after the date of enactment of this section.
“(C) Extension of deadline
“(i) In general—Except as provided in clause (ii) of this subparagraph, the deadline for meeting a groundwater protection standard under subparagraph (A)(ii) or (B)(ii) may be extended by the implementing agency, after opportunity for public notice and comment under the public participation process described in subsection (b)(2)(B)(iii)(III), or in subsection (e)(6) based on—
“(I) the effectiveness of any interim measures implemented by the owner or operator of the facility under section 258.58(a)(3) of title 40, Code of Federal Regulations;
“(II) the level of progress demonstrated in meeting the groundwater protection standard;
“(III) the potential for other adverse human health or environmental exposures attributable to the contamination from the surface impoundment undergoing corrective action; and
“(IV) the lack of available alternative management capacity for the coal combustion residuals and related materials managed in the impoundment at the facility at which the impoundment is located if the owner or operator has used best efforts, as necessary, to design, obtain any necessary permits, finance, construct, and render operational the alternative management capacity during the time period for meeting a groundwater protection standard in subparagraph (A)(ii) or (B)(ii).
“(ii) Exception—The deadline under subparagraph (A)(ii) or (B)(ii) shall not be extended if there has been contamination of public or private drinking water systems attributable to a surface impoundment undergoing corrective action, unless the contamination has been addressed by providing a permanent replacement water system.
“(D) Additional requirements
“(i) Closure—If the deadline under subparagraph (A)(ii), (B)(ii), or (C) is not satisfied, the surface impoundment shall cease receiving coal combustion residuals and initiate closure under paragraph (5).
“(ii) Interim measures
“(I) In general—Except as provided in subclause (II), not later than 90 days after the date on which the assessment of corrective measures is initiated, the owner or operator of a surface impoundment described in subparagraph (A) or (B) shall implement interim measures, as necessary, under the factors in section 258.58(a)(3) of title 40, Code of Federal Regulations.
“(II) Impoundments subject to state corrective action requirement as of the date of enactment—Subclause (I) shall only apply to surface impoundments subject to a State corrective action requirement as of the date of enactment of this section if the owner or operator has not implemented interim measures, as necessary, under the factors in section 258.58(a)(3) of title 40, Code of Federal Regulations.
“(E) Surface impoundments that require assessment of corrective measures more than 10 years after date of enactment
“(i) In general—In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(B), the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause (ii) if the surface impoundment—
“(I) does not—
“(aa) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; and
“(bb) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; and
“(II) more than 10 years after the date of enactment of this section, is required under section 258.56(a) title 40, Code of Federal Regulations, to undergo an assessment of corrective measures for any constituent covered under subpart E of part 258 of title 40, Code of Federal Regulations, or otherwise identified in paragraph (2)(B)(ii) of this subsection, for which assessment groundwater monitoring is required.
“(ii) Requirements
“(I) Closure—The surface impoundments identified in clause (i) shall cease receiving coal combustion residuals and initiate closure in accordance with paragraph (5) after alternative management capacity at the facility is available for the coal combustion residuals and related materials managed in the impoundment.
“(II) Best efforts—The alternative management capacity shall be developed as soon as practicable with the owner or operator using best efforts to design, obtain necessary permits for, finance, construct, and render operational the alternative management capacity.
“(III) Alternative capacity management plan—The owner or operator shall, in collaboration with the implementing agency, prepare a written plan that describes the steps necessary to develop the alternative management capacity and includes a schedule for completion.
“(IV) Public participation—The plan described in subclause (III) shall be subject to public notice and comment under the public participation process described in subsection (b)(2)(B)(iii)(III) or in subsection (e)(6), as applicable.
“(5) Closure
“(A) In general—If it is determined by the implementing agency that a structure should close because the requirements of a coal combustion residuals permit program are not being satisfied with respect to such structure, or if it is determined by the owner or operator that a structure should close, the time period and method for the closure of such structure shall be set forth in a closure plan that establishes a deadline for completion of closure as soon as practicable and that takes into account the nature and the site-specific characteristics of the structure to be closed.
“(B) Surface impoundment—In the case of a surface impoundment, the closure plan under subparagraph (A) shall require, at a minimum, the removal of liquid and the stabilization of remaining waste, as necessary to support the final cover.
“(d) Federal review of State permit programs
“(1) In general—The Administrator shall provide to a State written notice and an opportunity to remedy deficiencies in accordance with paragraph (3) if at any time the State—
“(A) does not satisfy the notification requirement under subsection (b)(1);
“(B) has not submitted a certification required under subsection (b)(2);
“(C) does not satisfy the maintenance requirement under subsection (b)(3);
“(D) is not implementing a coal combustion residuals permit program, with respect to which the State has submitted a certification under subsection (b)(2), that meets the requirements described in subsection (c);
“(E) is not implementing a coal combustion residuals permit program, with respect to which the State has submitted a certification under subsection (b)(2)—
“(i) that is consistent with such certification; and
“(ii) for which the State continues to have in effect statutes or regulations necessary to implement such program; or
“(F) does not make available to the Administrator, within 90 days of a written request, specific information necessary for the Administrator to ascertain whether the State has satisfied the requirements described in subparagraphs (A) through (E).
“(2) Request—If a request described in paragraph (1)(F) is proposed pursuant to a petition to the Administrator, the Administrator shall only make the request if the Administrator does not possess the information necessary to ascertain whether the State has satisfied the requirements described in subparagraphs (A) through (E) of such paragraph.
“(3) Contents of notice; deadline for response—A notice provided under paragraph (1) shall—
“(A) include findings of the Administrator detailing any applicable deficiencies described in subparagraphs (A) through (F) of paragraph (1); and
“(B) identify, in collaboration with the State, a reasonable deadline by which the State shall remedy such applicable deficiencies, which shall be—
“(i) in the case of a deficiency described in subparagraphs (A) through (E) of paragraph (1), not earlier than 180 days after the date on which the State receives the notice; and
“(ii) in the case of a deficiency described in paragraph (1)(F), not later than 90 days after the date on which the State receives the notice.
“(4) Criteria for determining deficiency of State permit program—In making a determination whether a State has failed to satisfy the requirements described in subparagraphs (A) through (E) of paragraph (1), or a determination under subsection (e)(1)(B), the Administrator shall consider, as appropriate—
“(A) whether the State’s statutes or regulations to implement a coal combustion residuals permit program are not sufficient to meet the requirements described in subsection (c) because of—
“(i) failure of the State to promulgate or enact new statutes or regulations when necessary; or
“(ii) action by a State legislature or court striking down or limiting such State statutes or regulations;
“(B) whether the operation of the State coal combustion residuals permit program fails to comply with the requirements of subsection (c) because of—
“(i) failure of the State to issue permits as required in subsection (c)(1)(E);
“(ii) repeated issuance of permits by the State which do not meet the requirements of subsection (c);
“(iii) failure of the State to comply with the public participation requirements of this section; or
“(iv) failure of the State to implement corrective action requirements as described in subsection (c)(2)(B); and
“(C) whether the enforcement of a State coal combustion residuals permit program fails to comply with the requirements of this section because of—
“(i) failure to act on violations of permits, as identified by the State; or
“(ii) repeated failure by the State to inspect or otherwise determine compliance pursuant to the process identified in subsection (b)(2)(B)(iii)(I).
“(e) Implementation by Administrator
“(1) Federal backstop authority—The Administrator shall implement a coal combustion residuals permit program for a State only if—
“(A) the Governor of the State notifies the Administrator under subsection (b)(1) that the State will not adopt and implement a permit program;
“(B) the State has received a notice under subsection (d) and the Administrator determines, after providing a 30-day period for notice and public comment, that the State has failed, by the deadline identified in the notice under subsection (d)(3)(B), to remedy the deficiencies detailed in the notice under subsection (d)(3)(A); or
“(C) the State informs the Administrator, in writing, that such State will no longer implement such a permit program.
“(2) Review—A State may obtain a review of a determination by the Administrator under this subsection as if the determination was a final regulation for purposes of section 7006.
“(3) Other structures—For structures that receive coal combustion residuals on or after the date of enactment of this section located on property within the exterior boundaries of a State that the State does not have authority or jurisdiction to regulate, the Administrator shall implement a coal combustion residuals permit program only for those structures.
“(4) Requirements—If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1) or (3), the permit program shall consist of the requirements described in subsection (c).
“(5) Enforcement
“(A) In general—If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1)—
“(i) the authorities referred to in section 4005(c)(2)(A) shall apply with respect to coal combustion residuals and structures for which the Administrator is implementing the coal combustion residuals permit program; and
“(ii) the Administrator may use those authorities to inspect, gather information, and enforce the requirements of this section in the State.
“(B) Other structures—If the Administrator implements a coal combustion residuals permit program under paragraph (3)—
“(i) the authorities referred to in section 4005(c)(2)(A) shall apply with respect to coal combustion residuals and structures for which the Administrator is implementing the coal combustion residuals permit program; and
“(ii) the Administrator may use those authorities to inspect, gather information, and enforce the requirements of this section for the structures for which the Administrator is implementing the coal combustion residuals permit program.
“(6) Public participation process—If the Administrator implements a coal combustion residuals permit program for a State under this subsection, the Administrator shall provide a 30-day period for the public participation process required in paragraphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of subsection (c).
“(f) State control after implementation by Administrator
“(1) State control
“(A) New adoption, or resumption of, and implementation by State—For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(A), or subsection (e)(1)(C), the State may adopt and implement such a permit program by—
“(i) notifying the Administrator that the State will adopt and implement such a permit program;
“(ii) not later than 6 months after the date of such notification, submitting to the Administrator a certification under subsection (b)(2); and
“(iii) receiving from the Administrator—
“(I) a determination, after providing a 30-day period for notice and public comment, that the State coal combustion residuals permit program meets the requirements described in subsection (c); and
“(II) a timeline for transition of control of the coal combustion residuals permit program.
“(B) Remedying deficient permit program—For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(B), the State may adopt and implement such a permit program by—
“(i) remedying only the deficiencies detailed in the notice pursuant to subsection (d)(3)(A); and
“(ii) receiving from the Administrator—
“(I) a determination, after providing a 30-day period for notice and public comment, that the deficiencies detailed in such notice have been remedied; and
“(II) a timeline for transition of control of the coal combustion residuals permit program.
“(2) Review of determination
“(A) Determination required—The Administrator shall make a determination under paragraph (1) not later than 90 days after the date on which the State submits a certification under paragraph (1)(A)(ii), or notifies the Administrator that the deficiencies have been remedied pursuant to paragraph (1)(B)(i), as applicable.
“(B) Review—A State may obtain a review of a determination by the Administrator under paragraph (1) as if such determination was a final regulation for purposes of section 7006.
“(3) Implementation during transition
“(A) Effect on actions and orders—Program requirements of, and actions taken or orders issued pursuant to, a coal combustion residuals permit program shall remain in effect if—
“(i) a State takes control of its coal combustion residuals permit program from the Administrator under paragraph (1); or
“(ii) the Administrator takes control of a coal combustion residuals permit program from a State under subsection (e).
“(B) Change in requirements—Subparagraph (A) shall apply to such program requirements, actions, and orders until such time as—
“(i) the implementing agency changes the requirements of the coal combustion residuals permit program with respect to the basis for the action or order; or
“(ii) the State or the Administrator, whichever took the action or issued the order, certifies the completion of a corrective action that is the subject of the action or order.
“(4) Single permit program—If a State adopts and implements a coal combustion residuals permit program under this subsection, the Administrator shall cease to implement the permit program implemented under subsection (e)(1) for such State.
“(g) Effect on determination under 4005(c) or 3006—The Administrator shall not consider the implementation of a coal combustion residuals permit program by the Administrator under subsection (e) in making a determination of approval for a permit program or other system of prior approval and conditions under section 4005(c) or of authorization for a program under section 3006.
“(h) Authority
“(1) State authority—Nothing in this section shall preclude or deny any right of any State to adopt or enforce any regulation or requirement respecting coal combustion residuals that is more stringent or broader in scope than a regulation or requirement under this section.
“(2) Authority of the administrator
“(A) In general—Except as provided in subsections (d) and (e) and section 6005, the Administrator shall, with respect to the regulation of coal combustion residuals, defer to the States pursuant to this section.
“(B) Imminent hazard—Nothing in this section shall be construed as affecting the authority of the Administrator under section 7003 with respect to coal combustion residuals.
“(C) Enforcement assistance only upon request—Upon request from the head of a lead State agency that is implementing a coal combustion residuals permit program, the Administrator may provide to such State agency only the enforcement assistance requested.
“(D) Concurrent enforcement—Except as provided in subparagraph (C), the Administrator shall not have concurrent enforcement authority when a State is implementing a coal combustion residuals permit program, including during any period of interim operation described in subsection (c)(3)(D).
“(E) Other authority—The Administrator shall not have authority to finalize the proposed rule published at pages 35128 through 35264 of volume 75 of the Federal Register (June 21, 2010).
“(F) Other response authority—Nothing in this section shall be construed as affecting the authority of the Administrator under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) with respect to coal combustion residuals.
“(3) Citizen suits—Nothing in this section shall be construed to affect the authority of a person to commence a civil action in accordance with section 7002.
“(i) Mine reclamation activities—A coal combustion residuals permit program implemented by the Administrator under subsection (e) shall not apply to the utilization, placement, and storage of coal combustion residuals at surface mining and reclamation operations.
“(j) Definitions—In this section:
“(1) Coal combustion residuals—The term coal combustion residuals means—
“(A) the solid wastes listed in section 3001(b)(3)(A)(i), including recoverable materials from such wastes;
“(B) coal combustion wastes that are co-managed with wastes produced in conjunction with the combustion of coal, provided that such wastes are not segregated and disposed of separately from the coal combustion wastes and comprise a relatively small proportion of the total wastes being disposed in the structure;
“(C) fluidized bed combustion wastes;
“(D) wastes from the co-burning of coal with non-hazardous secondary materials, provided that coal makes up at least 50 percent of the total fuel burned; and
“(E) wastes from the co-burning of coal with materials described in subparagraph (A) that are recovered from monofills.
“(2) Coal combustion residuals permit program—The term coal combustion residuals permit program means all of the authorities, activities, and procedures that comprise the system of prior approval and conditions implemented by or for a State to regulate the management and disposal of coal combustion residuals.
“(3) Code of Federal regulations—The term Code of Federal Regulations means the Code of Federal Regulations (as in effect on the date of enactment of this section) or any successor regulations.
“(4) Implementing agency—The term implementing agency means the agency responsible for implementing a coal combustion residuals permit program for a State, which shall either be the lead State implementing agency identified under subsection (b)(2)(B)(i) or the Administrator pursuant to subsection (e).
“(5) Permit; prior approval and conditions—Except as provided in subsections (b)(3) and (g), the terms permit and prior approval and conditions mean any authorization, license, or equivalent control document that incorporates the requirements of subsection (c).
“(6) Revised criteria—The term revised criteria means the criteria promulgated for municipal solid waste landfill units under section 4004(a) and under section 1008(a)(3), as revised under section 4010(c).
“(7) Structure
“(A) In general—Except as provided in subparagraph (B), the term structure means a landfill, surface impoundment, or other land-based unit which receives, or is intended to receive, coal combustion residuals.
“(B) De minimis receipt—The term structure does not include any land-based unit that receives only de minimis quantities of coal combustion residuals if the presence of coal combustion residuals is incidental to the material managed in the unit.”
Conforming amendment— The table of contents contained in section 1001 of the Solid Waste Disposal Act is amended by inserting after the item relating to section 4010 the following:
Sec. 8003 2000 regulatory determination
Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to alter in any manner the Environmental Protection Agency’s regulatory determination entitled Notice of Regulatory Determination on Wastes From the Combustion of Fossil Fuels, published at 65 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel combustion wastes addressed in that determination do not warrant regulation under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.).
Sec. 8004 Technical assistance
Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to affect the authority of a State to request, or the Administrator of the Environmental Protection Agency to provide, technical assistance under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
Sec. 8005 Federal Power Act
Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to affect the obligations of an owner or operator of a structure (as defined in section 4011 of the Solid Waste Disposal Act, as added by this Act) under section 215(b)(1) of the Federal Power Act (16 U.S.C. 824o(b)(1)).
B Surface Mining Stream Buffer Zone Rule
Sec. 8011 Short title
This subtitle may be cited as the “Preventing Government Waste and Protecting Coal Mining Jobs in America”.
Sec. 8012 Incorporation of surface mining stream buffer zone rule into State programs
In general— Section 503 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1253) is amended by adding at the end the following:
“(e) Stream buffer zone management
“(1) In general—In addition to the requirements under subsection (a), each State program shall incorporate the necessary rule regarding excess spoil, coal mine waste, and buffers for perennial and intermittent streams published by the Office of Surface Mining Reclamation and Enforcement on December 12, 2008 (73 Fed. Reg. 75813 et seq.).
“(2) Study of implementation—The Secretary shall—
“(A) at such time as the Secretary determines all States referred to in subsection (a) have fully incorporated the necessary rule referred to in paragraph (1) of this subsection into their State programs, publish notice of such determination;
“(B) during the 5-year period beginning on the date of such publication, assess the effectiveness of implementation of such rule by such States; and
“(C) upon the conclusion of such period, submit a comprehensive report on the impacts of such rule to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, including—
“(i) an evaluation of the effectiveness of such rule;
“(ii) an evaluation of any ways in which the existing rule inhibits energy production; and
“(iii) a description in detail of any proposed changes that should be made to the rule, the justification for such changes, all comments on such changes received by the Secretary from such States, and the projected costs and benefits of such changes.
“(3) Limitation on new regulations—The Secretary may not issue any regulations under this Act relating to stream buffer zones or stream protection before the date of the publication of the report under paragraph (2), other than a rule necessary to implement paragraph (1).”
Deadline for State implementation— Not later than 2 years after the date of the enactment of this Act, a State with a State program approved under section 503 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1253) shall submit to the Secretary of the Interior amendments to such program pursuant to part 732 of title 30, Code of Federal Regulations, incorporating the necessary rule referred to in subsection (e)(1) of such section, as amended by this section.
XVIII Satisfying Energy Needs and Saving the Environment
Sec. 9001 Short title
This Act may be cited as the “Satisfying Energy Needs and Saving the Environment Act of 2014” or the “SENSE Act of 2014”.
Sec. 9002 Inapplicability of certain emission limits for electric utility steam generating units that convert coal refuse into energy
Inapplicability of certain emission limits for certain EGUs— The emission limits for hydrogen chloride and sulfur dioxide in table 2 to subpart UUUUU of part 63 of title 40, Code of Federal Regulations, entitled “Emission Limits for Existing EGUs”, shall not apply to an electric utility steam generating unit in the subcategory “Coal-fired unit not low rank virgin coal” if such electric utility steam generating unit—
is in operation as of the date of enactment of this Act;
utilizes circulating fluidized bed technology to convert coal refuse into energy; and
derives at least 75 percent of its heat input from coal refuse; or
is a qualifying facility.
Definitions— In this section:
Coal refuse— The term coal refuse means any byproduct of coal mining, physical coal cleaning, or coal preparation operations, that contains coal, matrix material, clay, and other organic and inorganic material.
Qualifying cogeneration facility— The term qualifying cogeneration facility has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796).
Qualifying facility— The term qualifying facility means—
a qualifying small power production facility; or
a qualifying cogeneration facility.
Qualifying small power production facility— The term qualifying small power production facility has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796).
XIX Nuclear Regulatory Commission Reorganization Plan Codification and Complements
Sec. 10001 Short title
This title may be cited as the “Nuclear Regulatory Commission Reorganization Plan Codification and Complements Act”.
A Replacement of Reorganization Plan
Sec. 10011 General functions
Functions— Those functions of the Nuclear Regulatory Commission (in this subtitle referred to as the Commission) concerned with—
policy formulation;
rulemaking, as defined in section 553 of title 5 of the United States Code, except that those matters set forth in 553 (a)(2) and (b) which do not pertain to policy formulation orders or adjudications shall be reserved to the Chairman of the Commission;
orders and adjudications, as defined in section 551 (6) and (7) of title 5 of the United States Code; and
approving the distribution of appropriated funds according to programs and purposes proposed by the Executive Director for Operations,
Officers and employees—
Officers— With respect to the following officers or successor officers duly established by statute or by the Commission, the Chairman shall initiate the appointment, subject to the approval of the Commission, and the Chairman or a member of the Commission may initiate an action for removal, subject to the approval of the Commission by majority vote:
Executive Director for Operations.
Chief and Deputy Chief Financial Officer.
General Counsel.
Director of the Office of Commission Appellate Adjudication.
Secretary of the Commission.
Director of the Office of Public Affairs.
Director of the Office of Congressional Affairs.
Director of the Office of International Programs.
Chief Administrative Judge and members of the Atomic Safety and Licensing Board Panel.
Replacement of officers—
In the event of a vacancy in a position described in paragraph (1), the Chairman may designate an acting officer for a maximum of 60 days, after which any further extension must be approved by the Commission. If, at the end of 60 days, the Commission has not approved the appointment of an officer proposed by the Chairman, or the Chairman has not proposed one, any Commissioner may initiate the appointment subject to approval of the Commission.
With respect to the following officers or successor officers duly established by statute or by the Commission, the Chairman, after consultation with the Executive Director for Operations, shall initiate the appointment, subject to the approval of the Commission, and the Chairman, or a member of the Commission may initiate an action for removal, subject to the approval of the Commission by majority vote:
Director of the Office of Nuclear Reactor Regulation.
Director of the Office of Nuclear Material Safety and Safeguards.
Director of the Office of Nuclear Regulatory Research.
Director of the Office of Nuclear Security and Incident Response.
Director of the Office of New Reactors.
Director of the Office of Federal and State Materials and Environmental Management Programs.
Director of the Office of Investigations.
Director of the Office of Enforcement.
Appointment of Advisory Committee on Reactor Safeguards— The Chairman or a member of the Commission shall initiate the appointment of the Members of the Advisory Committee on Reactor Safeguards, subject to the approval of the Commission. The provisions for appointment of the Chairman of the Advisory Committee on Reactor Safeguards and the term of the members shall not be affected by the provisions of this subtitle.
Delegation of staff supervision functions— The Commission shall delegate the function of appointing, removing, and supervising the staff of the following offices or successor offices to the respective heads of such offices: Executive Director for Operations, General Counsel, Secretary of the Commission, Chief Financial Officer, Office of Commission Appellate Adjudication, Office of Congressional Affairs, Office of Public Affairs, and Office of International Programs. The Commission shall delegate the functions of appointing, removing, and supervising the staff of the following panels and committee to the respective Chairmen thereof: Atomic Safety and Licensing Board Panel and Advisory Committee on Reactor Safeguards.
Commission member offices— Each member of the Commission shall appoint, remove, and supervise the personnel employed in his or her immediate office.
Performance of functions— The Commission shall act as provided by section 201(a)(1) of the Energy Reorganization Act of 1974 (42 U.S.C. 5841(a)(1)) in the performance of its functions as described in subsections (a) and (b) of this section.
Sec. 10012 Chairman
Functions— Except as otherwise provided in section 10011, all functions of the Commission shall rest with the Chairman. The Chairman shall be the official spokesman for the Commission and, as such, shall represent the policies determined by a majority of the Commission.
Additional functions— The Chairman shall also be the principal executive officer of the Commission, and shall be responsible to the Commission for assuring that the Executive Director for Operations and the staff of the Commission (other than the officers and staff referred to in section 10011(b)(4) and (c)) are responsive to the requirements of the Commission in the performance of its functions; shall determine the use and expenditure of funds of the Commission, in accordance with the distribution of appropriated funds according to programs and purposes approved by the Commission; shall present to the Commission for its consideration the proposals set forth in paragraph (3); and shall be responsible for the following functions, which the Chairman shall delegate, subject to the Chairman’s direction and supervision, to the Executive Director for Operations unless otherwise provided by this title:
Administrative functions of the Commission.
Distribution of business among such personnel and among administrative units and offices of the Commission.
Preparation of proposals for the reorganization of the major offices of the Commission.
Appointing and removing, without any further action by the Commission, all officers and employees under the Commission other than those whose appointment and removal are specifically provided for by section 10011(b) and (c).
Governing principles—
In general— The Chairman as principal executive officer and the Executive Director for Operations shall be governed by the general policies of the Commission and by such regulatory decisions, findings, and determinations, including those for reorganization proposals, budget revisions, and distribution of appropriated funds, as the Commission may by law, including this subtitle, be authorized to make.
Full and current information— The Chairman and the Executive Director for Operations shall have joint responsibility insuring that the Commission is fully and currently informed about matters within its functions.
Failure to act in accordance— If a majority of Commissioners determine that the Chairman has not acted in accordance with paragraph (1) or (2), such Commissioners shall provide written notice of the determination to the President and provide copies thereof to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate.
Sec. 10013 Emergency authority
In general— Notwithstanding sections 10001 and 10002, the Chairman is authorized to exercise emergency authority described in paragraph (4), subject to the following limitations:
The Chairman may not exercise emergency authority unless and until the Chairman declares a specific emergency exists and, not later than 24 hours after such declaration, notifies—
the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate, in writing; and
the public.
The Chairman may only exercise emergency authority in response to—
an imminent safety threat pertaining to a facility or materials licensed or regulated by the Commission; or
a determination by the Secretary of Homeland Security, the Secretary of Energy, the Secretary of Transportation, the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, or the Director of National Intelligence of an imminent security threat to a facility or materials licensed or regulated by the Commission.
The Chairman may only exercise emergency authority for the duration of the emergency or 30 days, whichever is less. The Commission may approve extensions of that time. Each extension is limited to 30 days and requires notification of the public, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate.
The Chairman’s emergency authority includes the functions of responding to, issuing orders respecting, advising United States civil authorities and the United States public about, and directing and coordinating actions relative to such emergency incident.
Delegation— The Chairman may delegate the authority to perform such emergency functions, in whole or in part, to any of the other members of the Commission. Such authority may also be delegated or redelegated, in whole or in part, to the staff of the Commission.
Consultation— To the extent practicable, the Chairman shall consult with the full Commission on any regulatory or policy actions to be taken under an emergency. Such consultations shall be exempt from the requirements of section 552b of title 5, United States Code (commonly referred to as the Government in the Sunshine Act).
Guidelines and notice— In acting under this section, the Chairman, or other member of the Commission delegated authority under subsection (b), shall conform to the policy guidelines of the Commission.
Termination of emergency— Upon termination of the emergency, the Chairman shall immediately notify the Commission, the public, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate.
Report— Within 30 days following the conclusion of the emergency, the Chairman, or the member of the Commission or member of the staff delegated the emergency functions under subsection (b), shall render a complete report of all actions taken during the emergency, specifically delineating actions taken utilizing the authority provided in this section, to the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate.
Commission procedures— Not later than 90 days after the date of enactment of this Act, the Commission shall revise its procedures to comply with the requirements of this section. Such revision shall define the roles of the Commissioners during an emergency, specifying—
complete access to records and information relating to actions taken during the emergency;
complete access to Commission staff involved in the management of the emergency;
complete access to the location or locations where decisions are made during the emergency; and
participation in decisions that may affect Commission actions and policies beyond the response to a particular emergency to the extent practicable.
Sec. 10014 Reporting
Delegation; direct communication— The Chairman may make such delegations and provide for such reporting as the Chairman deems necessary, subject to provisions of law. Any officer or employee under the Commission may communicate directly to the Commission, or to any member of the Commission, whenever in the view of such officer or employee a critical problem, or matter of public health and safety or common defense and security, is not being properly addressed.
Executive Director for Operations— The Executive Director for Operations shall report for all matters to the Chairman.
Functions— The Directors of Nuclear Reactor Regulations, Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research shall report to the Executive Director for Operations.
Direct reporting— The heads of the Commission level offices or successor offices, of General Counsel, Secretary of the Commission, Commission Appellate Adjudication, Congressional Affairs, Public Affairs, International Programs, Atomic Safety and Licensing Board Panel, and Advisory Committee on Reactor Safeguards shall report directly to the Commission and the Commission shall receive such reports.
Sec. 10015 Rescission of Reorganization Plan approval
Approval of Reorganization Plan No. 1 of 1980 (5 U.S.C. App. 1) is rescinded.
B Miscellaneous
Sec. 10021 Certification of documents transmitted to Congress
A letter or other document transmitted by the Nuclear Regulatory Commission, on behalf of the full Commission, to a member of Congress in his or her capacity as chairman or ranking minority member of a Committee of Congress, shall include a certification that the letter or document is being sent to both the Chairman and ranking minority member of that Committee in accordance with established Commission procedures.
Sec. 10022 Time limits for Commission review of Atomic Safety and Licensing Board decisions
When reviewing the decisions and actions of the Atomic Safety and Licensing Board, the Commission shall follow the following procedures:
Each Commissioner shall vote on the matter not later than 90 days after receipt of final briefs, after which time the Commission shall not further delay a decision. Once a majority position is established, the Secretary shall notify in writing any Commissioners who have not voted that a majority position has been established. Any Commissioners who have not yet voted shall vote within three days of the Secretary’s notice or be considered by the Secretary as not participating.
Not later than 30 days after a majority position is established, the Commission shall publish any resulting decision, including adjudicatory orders and direction to agency staff. If a majority position is not established due to a tied vote, not later than 30 days after Commission voting is complete, the Commission shall publish any resulting decision, including adjudicatory orders and direction to agency staff.
Sec. 10023 Allegations of wrongdoing
Referral to inspector general— Not later than 90 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall revise its procedures to ensure that any allegation of wrongdoing on the part of the Chairman of the Commission is immediately referred to the Inspector General of the Commission.
Supervision of inspector general— During the pendency of any investigation by the Inspector General of the Chairman with respect to an allegation described in subsection (a), the Chairman shall delegate responsibility for supervising the Inspector General to a member of the Commission other than the Chairman, consistent with the Inspector General Act of 1978.
Sec. 10024 Approval of Commissioner travel
The Chairman of the Nuclear Regulatory Commission shall authorize all international travel requested by other members of the Commission for official business unless the Chairman submits a notice of disapproval to the full Commission specifying the basis for the disapproval. The notice of disapproval shall be submitted within 5 days after the travel is requested or the travel shall be deemed approved.
Sec. 10025 Implementation
Except as otherwise specified in this title, the Commission shall revise its procedures to conform to this title within 180 days of its date of enactment.
XX Permitting for onshore and offshore wind energy
A Offshore meteorological site testing and monitoring
Sec. 11001 Short title
This subtitle may be cited at the “Advancing Offshore Wind Production Act”.
Sec. 11002 Offshore meteorological site testing and monitoring projects
Definition of an offshore meteorological site testing and monitoring project— In this section, the term offshore meteorological site testing and monitoring project means a project carried out on or in the waters of the Outer Continental Shelf administered by the Department of the Interior to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that—
causes—
less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; and
not more than 5 acres of surface or seafloor disruption within the proposed area affected by for the project (including hazards to navigation);
is decommissioned not more than 5 years after the date of commencement of the project, including—
removal of towers, buoys, or other temporary ocean infrastructure from the project site; and
restoration of the project site to approximately the original condition of the site; and
provides meteorological information obtained by the project to the Secretary of the Interior.
Offshore meteorological project permitting—
In general— The Secretary of the Interior shall by regulation require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) must obtain a permit and right-of-way for the project in accordance with this subsection.
Permit and right-of-way timeline and conditions—
Deadline for approval— The Secretary shall decide whether to issue a permit and right-of-way for an offshore meteorological site testing and monitoring project within 30 days after receiving an application.
Public comment and consultation— During the period referred to in subparagraph (A), the Secretary shall—
provide an opportunity for submission of comments by the public; and
consult with the Secretary of Defense, the Commandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by issuance of the permit and right-of-way.
Denial of permit; opportunity to remedy deficiencies— If the application is denied, the Secretary shall provide the applicant—
in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies in the application; and
an opportunity to remedy such deficiencies.
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.
Protection of information— The information provided to the Secretary of the Interior pursuant to subsection (a)(3) shall be treated by the Secretary as proprietary information and protected against disclosure.
B Onshore meteorological site testing and monitoring
Sec. 11011 Short title
This subtitle may be cited at the “Reducing Regulatory Obstacles to Wind Energy Production Act”.
Sec. 11012 Onshore meteorological site testing and monitoring project
Definition of meteorological site testing and monitoring project— In this section, the term meteorological site testing and monitoring project means a project carried out on land administered by the Bureau of Land Management or the Forest Service to test or monitor weather (including wind and solar energy) using towers or other devices, that—
causes—
less than 1 acre of soil or vegetation disruption at the location of each meteorological tower or other device; and
not more than 5 acres of soil or disruption within the proposed right-of-way for the project;
is installed—
to the maximum extent practicable, using existing access roads;
in a manner that does not require off-road motorized access other than 1 installation activity and 1 decommissioning activity along an identified off-road route approved by the Director of the Bureau of Land Management or Chief of the Forest Service;
without construction of new roads other than upgrading of existing minor drainage crossings for safety purposes; and
without the use of digging or drilling equipment vehicles other than rubber-tired vehicles with gross weight ratings under 8,500 pounds;
is decommissioned not more than 5 years after the date of commencement of the project, including—
removal of any towers, devices, or other surface infrastructure from the site; and
restoration of the site to approximately the condition that existed at the time the project began; and
provides meteorological information obtained by the permitted project to the Bureau of Land Management and the Forest Service.
NEPA exclusion— Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to a meteorological site testing and monitoring project.
Permit timeline and conditions—
In general— The Director of the Bureau of Land Management or Chief of the Forest Service, as applicable, shall decide whether to issue a permit for a project that is a meteorological site testing and monitoring project within 30 days after receiving an application for the permit.
Public comment and consultation— During the period referred to in paragraph (1), the Director of the Bureau of Land Management or the Chief of the Forest Service, as applicable, shall—
provide an opportunity for submission of comments by the public; and
consult with the heads of other Federal, State, and local agencies that would be affected by the issuance of the permit.
Denial of Application— If the application is denied, the Director or Chief, respectively, shall provide the applicant—
in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies, and
an opportunity to remedy any deficiencies.
Protection of information— The information provided to the Bureau of Land Management and the Forest Service pursuant to subsection (a)(4) shall be treated by such agency as proprietary information and protected against disclosure.
XXI Domestic Prosperity and Global Freedom
Sec. 12001 Short title
This title may be cited as the “Domestic Prosperity and Global Freedom Act”.
Sec. 12002 Amendments
Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended—
by inserting “(1)” before “For purposes”;
by striking “a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas” and inserting “a World Trade Organization member nation”; and
by adding at the end the following:
“(2) For purposes of this subsection, the term World Trade Organization member nation means a country described in section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)).”
Sec. 12003 Pending applications
Any application for authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) for which a notice has been published in the Federal Register before March 6, 2014, shall be granted without modification or delay.