Title IV — Utilizing America's onshore resources

S. 2170 · 113th Congress · Mar 27, 2014 · Lineage

IV Utilizing America's onshore resources

Sec. 4001 Findings

Congress finds that—

(1)

current policy has failed to take full advantage of the natural resources on Federal land;

(2)

the States should be given the option to lead energy development on all available Federal land in a State; and

(3)

the Federal Government should not inhibit energy development on Federal land.

Sec. 4002 State option for energy development

Notwithstanding any other provision of this title, a State may elect to control energy development and production on available Federal land in accordance with the terms and conditions of subtitle A and the amendments made by subtitle A in lieu of being subject to the Federal system established under subtitle B and the amendments made by subtitle B.

A Energy development by States

Sec. 4011 Definitions

In this subtitle:

(1)

Available Federal land— The term available Federal land means any Federal land that, as of the date of enactment of this Act—

(A)

is located within the boundaries of a State;

(B)

is not held by the United States in trust for the benefit of a federally recognized Indian tribe;

(C)

is not a unit of the National Park System;

(D)

is not a unit of the National Wildlife Refuge System; and

(E)

is not a congressionally designated wilderness area.

(2)

Secretary— The term Secretary means the Secretary of the Interior.

(3)

State— The term State means—

(A)

a State; and

(B)

the District of Columbia.

Sec. 4012 State programs

(a)

In general— A State—

(1)

may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise the rights of the State to develop all forms of energy resources on available Federal land in the State; and

(2)

as a condition of certification under section 4013(b) shall submit a declaration to the Departments of the Interior, Agriculture, and Energy that a program under paragraph (1) has been established or amended.

(b)

Amendment of programs— A State may amend a program developed and certified under this subtitle at any time.

(c)

Certification of amended programs— Any program amended under subsection (b) shall be certified under section 4013(b).

Sec. 4013 Leasing, permitting, and regulatory programs

(a)

Satisfaction of Federal requirements— Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including—

(1)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(2)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(3)

the National Historic Preservation Act (16 U.S.C. 470 et seq.).

(b)

Federal certification and transfer of development rights— Upon submission of a declaration by a State under section 4012(a)(2)—

(1)

the program under section 4012(a)(1) shall be certified; and

(2)

the State shall receive all rights from the Federal Government to develop all forms of energy resources covered by the program.

(c)

Issuance of permits and leases— If a State elects to issue a permit or lease for the development of any form of energy resource on any available Federal land within the borders of the State in accordance with a program certified under subsection (b), the permit or lease shall be considered to meet all applicable requirements of Federal law (including regulations).

Sec. 4014 Judicial review

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

Sec. 4015 Administrative Procedure Act

Activities carried out in accordance with this subtitle shall not be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”).

B Onshore oil and gas permit streamlining

I Oil and gas leasing certainty

Sec. 4021 Minimum acreage requirement for onshore lease sales

Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended—

(1)

by striking “Sec. 17. (a) All lands” and inserting the following:

“17. Lease of oil and gas land

“(a) Authority of Secretary

“(1) In general—All land”

(2)

in subsection (a), by adding at the end the following:

“(2) Minimum acreage requirement for onshore lease sales

“(A) In general—In conducting lease sales under paragraph (1)—

“(i) there shall be a presumption that nominated land should be leased; and

“(ii) the Secretary of the Interior shall offer for sale all of the nominated acreage not previously made available for lease, unless the Secretary demonstrates by clear and convincing evidence that an individual lease should not be granted.

“(B) Administration—Acreage offered for lease pursuant to this paragraph—

“(i) shall not be subject to protest; and

“(ii) shall be eligible for categorical exclusions under section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942), except that the categorical exclusions shall not be subject to the test of extraordinary circumstances or any other similar regulation or policy guidance.

“(C) Availability—In administering this paragraph, the Secretary shall only consider leasing of Federal land that is available for leasing at the time the lease sale occurs.”

Sec. 4022 Leasing certainty

Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) (as amended by section 4061) is amended by adding at the end the following:

“(3) Leasing certainty

“(A) In general—The Secretary of the Interior shall not withdraw any covered energy project (as defined in section 4051 of the American Energy Renaissance Act of 2014) issued under this Act without finding a violation of the terms of the lease by the lessee.

“(B) Delay—The Secretary shall not infringe on lease rights under leases issued under this Act by indefinitely delaying issuance of project approvals, drilling and seismic permits, and rights-of-way for activities under the lease.

“(C) Availability for lease—Not later than 18 months after an area is designated as open under the applicable land use plan, the Secretary shall make available nominated areas for lease using the criteria established under section 2.

“(D) Last payment

“(i) In general—Notwithstanding any other provision of law, the Secretary shall issue all leases sold not later than 60 days after the last payment is made.

“(ii) Cancellation—The Secretary shall not cancel or withdraw any lease parcel after a competitive lease sale has occurred and a winning bidder has submitted the last payment for the parcel.

“(E) Protests

“(i) In general—Not later than the end of the 60-day period beginning on the date a lease sale is held under this Act, the Secretary shall adjudicate any lease protests filed following a lease sale.

“(ii) Unsettled protest—If, after the 60-day period described in clause (i) any protest is left unsettled—

“(I) the protest shall be considered automatically denied; and

“(II) the appeal rights of the protestor shall begin.

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

Sec. 4023 Leasing consistency

A Federal land manager shall follow existing resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised, until such time as a new record of decision is signed.

Sec. 4024 Reduce redundant policies

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

Sec. 4025 Streamlined congressional notification

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

II Application for permits To drill process reform

Sec. 4031 Permit to drill application timeline

Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by striking paragraph (2) and inserting the following:

“(2) Applications for permits to drill reform and process

“(A) In general—Not later than the end of the 30-day period beginning on the date an application for a permit to drill is received by the Secretary, the Secretary shall decide whether to issue the permit.

“(B) Extension

“(i) In general—The Secretary may extend the period described in subparagraph (A) for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant.

“(ii) Notice—The notice shall—

“(I) be in the form of a letter from the Secretary or a designee of the Secretary; and

“(II) include—

“(aa) the names and titles of the persons processing the application;

“(bb) the specific reasons for the delay; and

“(cc) a specific date a final decision on the application is expected.

“(C) Notice of reasons for denial—If the application is denied, the Secretary shall provide the applicant—

“(i) a written statement that provides clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and

“(ii) an opportunity to remedy any deficiencies.

“(D) Application deemed approved

“(i) In general—Except as provided in clause (ii), if the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application shall be considered approved.

“(ii) Exceptions—Clause (i) shall not apply in cases in which existing reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are incomplete.

“(E) Denial of permit—If the Secretary decides not to issue a permit to drill under this paragraph, the Secretary shall—

“(i) provide to the applicant a description of the reasons for the denial of the permit;

“(ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and

“(iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary.

“(F) Fee

“(i) In general—Notwithstanding any other provision of law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A).

“(ii) Resubmitted application—The fee required under clause (i) shall not apply to any resubmitted application.

“(iii) Treatment of permit processing fee—Subject to appropriation, of all fees collected under this paragraph for each fiscal year, 50 percent shall be—

“(I) transferred to the field office at which the fees are collected; and

“(II) used to process protests, leases, and permits under this Act.”

Sec. 4032 Administrative protest documentation reform

Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) (as amended by section 4031) is amended by adding at the end the following:

“(4) Protest fee

“(A) In general—The Secretary shall collect a $5,000 documentation fee to accompany each administrative protest for a lease, right-of-way, or application for a permit to drill.

“(B) Treatment of fees—Subject to appropriation, of all fees collected under this paragraph for each fiscal year, 50 percent shall—

“(i) remain in the field office at which the fees are collected; and

“(ii) be used to process protests.”

Sec. 4033 Improved Federal energy permit coordination

(a)

Definitions— In this section:

(1)

Energy project— The term energy project includes any oil, natural gas, coal, or other energy project, as defined by the Secretary.

(2)

Project— The term Project means the Federal Permit Streamlining Project established under subsection (b).

(3)

Secretary— The term Secretary means the Secretary of the Interior.

(b)

Establishment— The Secretary shall establish a Federal Permit Streamlining Project in each Bureau of Land Management field office with responsibility for permitting energy projects on Federal land.

(c)

Memorandum of understanding—

(1)

In general— Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of carrying out this section with—

(A)

the Secretary of Agriculture;

(B)

the Administrator of the Environmental Protection Agency; and

(C)

the Chief of Engineers.

(2)

State participation— The Secretary may request that the Governor of any State with energy projects on Federal land to be a signatory to the memorandum of understanding.

(d)

Designation of qualified staff—

(1)

In general— Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (c), each Federal signatory party shall, if appropriate, assign to each Bureau of Land Management field office an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in—

(A)

the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536);

(B)

permits under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344);

(C)

regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.);

(D)

planning under the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); and

(E)

the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2)

Duties— Each employee assigned under paragraph (1) shall—

(A)

not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned;

(B)

be responsible for all issues relating to the energy projects that arise under the authorities of the home agency of the employee; and

(C)

participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal land.

(e)

Additional personnel— The Secretary shall assign to each Bureau of Land Management field office described in subsection (b) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field office, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

(f)

Funding— Funding for the additional personnel shall come from the Department of the Interior reforms under paragraph (2) of section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) (as amended by section 4031 and section 4032).

(g)

Savings provision— Nothing in this section affects—

(1)

the operation of any Federal or State law; or

(2)

any delegation of authority made by the head of a Federal agency any employee of which is participating in the Project.

Sec. 4034 Administration

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

III Oil shale

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

(a)

Regulations—

(1)

In general— Notwithstanding any other provision of law (including regulations), the final regulations regarding oil shale management published by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69414), shall be considered to satisfy all legal and procedural requirements under any law, including—

(A)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(B)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(C)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2)

Implementation— The Secretary of the Interior shall implement the regulations described in paragraph (1) (including the oil shale leasing program authorized by the regulations) without any other administrative action necessary.

(b)

Amendments to resource management plans and record of decision—

(1)

In general— Notwithstanding any other provision of law (including regulations) to the contrary, the Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and the Final Programmatic Environmental Impact Statement of the Bureau of Land Management, as in effect on November 17, 2008, shall be considered to satisfy all legal and procedural requirements under any law, including—

(A)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(B)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(C)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2)

Implementation— The Secretary of the Interior shall implement the oil shale leasing program authorized by the regulations described in paragraph (1) in those areas covered by the resource management plans covered by the amendments, and covered by the record of decision, described in paragraph (1) without any other administrative action necessary.

Sec. 4042 Oil shale leasing

(a)

Additional research and development lease sales— Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall hold a lease sale offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 2611).

(b)

Commercial lease sales—

(1)

In general— Not later than January 1, 2016, the Secretary of the Interior shall hold not less than 5 separate commercial lease sales in areas considered to have the most potential for oil shale development, as determined by the Secretary, in areas nominated through public comment.

(2)

Administration— Each lease sale shall be—

(A)

for an area of not less than 25,000 acres; and

(B)

in multiple lease blocs.

IV National Petroleum Reserve in Alaska Access

Sec. 4051 Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska

It is the sense of Congress that—

(1)

the National Petroleum Reserve in Alaska remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; and

(2)

accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve.

Sec. 4052 National Petroleum Reserve in Alaska: lease sales

Section 107 of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a) is amended by striking subsection (a) and inserting the following:

“(a) In general—The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the Reserve—

“(1) in accordance with this Act; and

“(2) that shall include at least 1 lease sale annually in the areas of the Reserve most likely to produce commercial quantities of oil and natural gas for each of calendar years 2014 through 2023.”

Sec. 4053 National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction

(a)

In general— Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall facilitate and ensure permits, in a timely and environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary—

(1)

to develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; and

(2)

to transport oil and gas from and through the National Petroleum Reserve in Alaska in the most direct manner possible to existing transportation or processing infrastructure on the North Slope of Alaska.

(b)

Timeline— The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline:

(1)

Permits for the construction described in subsection (a) for transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary has issued a permit to drill shall be approved not later than 60 days after the date of enactment of this Act.

(2)

Permits for the construction described in subsection (a) for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved not later than 180 days after the date on which a request for a permit to drill is submitted to the Secretary.

(c)

Plan— To ensure timely future development of the National Petroleum Reserve in Alaska, not later than 270 days after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the Reserve are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve.

Sec. 4054 Issuance of a new integrated activity plan and environmental impact statement

(a)

Issuance of new integrated activity plan— Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall issue—

(1)

a new proposed integrated activity plan from among the nonadopted alternatives in the National Petroleum Reserve Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013; and

(2)

an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the National Petroleum Reserve-Alaska to promote efficient and maximum development of oil and natural gas resources of the Reserve.

(b)

Nullification of existing record of decision, IAP, and EIS— Except as provided in subsection (a), the National Petroleum Reserve-Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013, including the integrated activity plan and environmental impact statement referred to in that record of decision, shall have no force or effect.

Sec. 4055 Departmental accountability for development

The Secretary of the Interior shall promulgate regulations not later than 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve-Alaska.

Sec. 4056 Deadlines under new proposed integrated activity plan

At a minimum, the new proposed integrated activity plan issued under section 4054(a)(1) shall—

(1)

require the Department of the Interior to respond within 5 business days to a person who submits an application for a permit for development of oil and natural gas leases in the National Petroleum Reserve-Alaska acknowledging receipt of the application; and

(2)

establish a timeline for the processing of each application that—

(A)

specifies deadlines for decisions and actions on permit applications; and

(B)

provides that the period for issuing a permit after the date on which the application is submitted shall not exceed 60 days without the concurrence of the applicant.

Sec. 4057 Updated resource assessment

(a)

In general— The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the National Petroleum Reserve in Alaska, including all conventional and unconventional oil and natural gas.

(b)

Cooperation and consultation— The assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists.

(c)

Timing— The assessment required by subsection (a) shall be completed not later than 2 years after the date of enactment of this Act.

(d)

Funding— In carrying out this section, the United States Geological Survey may cooperatively use resources and funds provided by the State of Alaska.

V Miscellaneous provisions

Sec. 4061 Sanctions

Nothing in this title authorizes the issuance of a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) to any person designated for the imposition of sanctions pursuant to—

(1)

the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (22 U.S.C. 2151 note; Public Law 108–175);

(2)

the Comprehensive Iran Sanctions, Accountability, and Divestiture Act of 2010 (22 U.S.C. 8501 et seq.);

(3)

section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a);

(4)

the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.);

(5)

the Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.);

(6)

the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note; Public Law 104–172);

(7)

Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism);

(8)

Executive Order 13338 (50 U.S.C. 1701 note; relating to blocking property of certain persons and prohibiting the export of certain goods to Syria);

(9)

Executive Order 13622 (50 U.S.C. 1701 note; relating to authorizing additional sanctions with respect to Iran);

(10)

Executive Order 13628 (50 U.S.C. 1701 note; relating to authorizing additional sanctions with respect to Iran); or

(11)

Executive Order 13645 (50 U.S.C. 1701 note; relating to authorizing additional sanctions with respect to Iran).

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

(a)

Authorization— Section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)) is amended—

(1)

in subparagraph (A), in the third sentence, by inserting “, except as provided in subparagraph (C)” after “by oral bidding”; and

(2)

by adding at the end the following:

“(C) Internet-Based bidding

“(i) In general—In order to diversify and expand the onshore leasing program of the United States to ensure the best return to the Federal taxpayer, reduce fraud, and secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods.

“(ii) Conclusion—Each individual Internet-based lease sale shall conclude not later than 7 days after the date on which the sale begins.”

(b)

Report— Not later than 90 days after the date on which the tenth Internet-based lease sale conducted under the amendment made by subsection (a) concludes, the Secretary of the Interior shall analyze the first 10 Internet-based lease sales and report to Congress the findings of the analysis, including—

(1)

estimates on increases or decreases in Internet-based lease sales, compared to sales conducted by oral bidding, in—

(A)

the number of bidders;

(B)

the average amount of bid;

(C)

the highest amount bid; and

(D)

the lowest bid;

(2)

an estimate on the total cost or savings to the Department of the Interior as a result of Internet-based lease sales, compared to sales conducted by oral bidding; and

(3)

an evaluation of the demonstrated or expected effectiveness of different structures for lease sales which may provide an opportunity to better—

(A)

maximize bidder participation;

(B)

ensure the highest return to the Federal taxpayers;

(C)

minimize opportunities for fraud or collusion; and

(D)

ensure the security and integrity of the leasing process.

VI Judicial review

Sec. 4071 Definitions

In this part:

(1)

Covered civil action— The term covered civil action means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal land.

(2)

Covered energy project—

(A)

In general— The term covered energy project means—

(i)

the leasing of Federal land for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy; and

(ii)

any action under the lease.

(B)

Exclusion— The term covered energy project does not include any dispute between the parties to a lease regarding the obligations under the lease, including any alleged breach of the lease.

Sec. 4072 Exclusive venue for certain civil actions relating to covered energy projects

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

Sec. 4073 Timely filing

To ensure timely redress by the courts, a covered civil action shall be filed not later than the end of the 90-day period beginning on the date of the final Federal agency action to which the covered civil action relates.

Sec. 4074 Expedition in hearing and determining the action

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

Sec. 4075 Limitation on injunction and prospective relief

(a)

In general— In a covered civil action, a court shall not grant or approve any prospective relief unless the court finds that the relief—

(1)

is narrowly drawn;

(2)

extends no further than necessary to correct the violation of a legal requirement; and

(3)

is the least intrusive means necessary to correct the violation.

(b)

Duration—

(1)

In general— A court shall limit the duration of preliminary injunctions to halt covered energy projects to not more than 60 days, unless the court finds clear reasons to extend the injunction.

(2)

Administration— In the case of an extension, the extension shall—

(A)

only be in 30-day increments; and

(B)

require action by the court to renew the injunction.

Sec. 4076 Limitation on attorneys’ fees and court costs

(a)

In general— Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the “Equal Access to Justice Act”), shall not apply to a covered civil action.

(b)

Court costs— A party to a covered civil action shall not receive payment from the Federal Government for the attorneys’ fees, expenses, or other court costs incurred by the party.

Sec. 4077 Legal standing

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