Sec. 5001 Finding
Congress finds that development of energy reserves under the Coastal Plain of Alaska, performed in an environmentally responsible manner, will contribute to job growth and economic development.
Title V — Additional onshore resources
V Additional onshore resources
A Leasing program for land within Coastal Plain
Sec. 5002 Definitions
In this subtitle:
Coastal plain— The term Coastal Plain means the 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 means the Secretary of the Interior.
Sec. 5003 Leasing program for land on the Coastal Plain
In general— The Secretary shall—
establish and implement, in accordance with this subtitle and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in the exploration, development, and production of the oil and gas resources of the Coastal Plain; and
administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain do not result in any significant adverse effect on fish and wildlife, the habitat of fish and wildlife, subsistence resources, or the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.
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Repeal— Section 1003 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3143) is repealed.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 contained in section 1 of that Act (16 U.S.C. 3101 note) 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 on the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination.
Adequacy of the Department of the Interior’s legislative environmental impact statement— The document of the Department of the Interior entitled “Final Legislative Environmental Impact Statement” and dated April 1987 relating to the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that apply with respect to prelease activities under this subtitle, including actions authorized to be taken by the Secretary to develop and promulgate regulations for the establishment of a leasing program authorized by this subtitle before the conduct of the first lease sale.
Compliance with NEPA for other actions—
In general— Prior to conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the actions authorized by this subtitle not covered by paragraph (2).
Nonleasing alternatives not required— Notwithstanding any other provision of law, in preparing the environmental impact statement under subparagraph (A), the Secretary—
shall—
only identify a preferred action for leasing and a single leasing alternative; and
analyze the environmental effects and potential mitigation measures for those 2 alternatives; and
is not required—
to identify nonleasing alternative courses of action; or
to analyze the environmental effects of nonleasing alternative courses of action.
Deadline— The identification under subparagraph (B)(i)(I) for the first lease sale conducted under this subtitle shall be completed not later than 18 months after the date of enactment of this Act.
Public comment— The Secretary shall only consider public comments that—
specifically address the preferred action of the Secretary; and
are filed not later than 20 days after the date on which the environmental analysis is published.
Compliance— Notwithstanding any other provision of law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle.
Relationship to State and local authority— Nothing in this subtitle expands or limits State or 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 of the State of Alaska, may designate not more than 45,000 acres of the Coastal Plain as a “Special Area” if the Secretary determines that the area is of such unique character and interest so as to require special management and regulatory protection.
Sadlerochit Spring area— The Secretary shall designate the Sadlerochit Spring area, consisting of approximately 4,000 acres, as a Special Area.
Management— Each Special Area shall be managed to protect and preserve the unique and diverse character of the area, including the fish, wildlife, and subsistence resource values of the area.
Exclusion from leasing or surface occupancy—
In general— The Secretary may exclude any Special Area from leasing.
No surface occupancy— If the Secretary leases a Special Area, or any part of a Special Area, for oil and gas exploration, development, production, or related activities, there shall be no surface occupancy of the land comprising the Special Area.
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 authority of the Secretary to close land on the Coastal Plain to oil and gas leasing, exploration, development, or production shall be limited to the authority provided under this subtitle.
Regulations—
In general— Not later than 15 months after the date of enactment of this Act, the Secretary shall promulgate regulations necessary to carry out this subtitle, including regulations relating to protection of fish and wildlife, the habitat of fish and wildlife, subsistence resources, and environment of the Coastal Plain.
Revision of regulations— The Secretary shall, through a rulemaking conducted in accordance with section 553 of title 5, United States Code, periodically review and, if appropriate, revise the regulations promulgated under paragraph (1) to reflect a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures.
Sec. 5004 Lease sales
In general— In accordance with the requirements of this subtitle, the Secretary may lease land under this subtitle to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.).
Procedures— The Secretary shall, by regulation and not later than 180 days after the date of enactment of this Act, establish procedures for—
receipt and consideration of sealed nominations for any area of the Coastal Plain for inclusion in, or exclusion from, a lease sale;
the holding of lease sales after the 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 subtitle may be conducted through an Internet leasing program, if the Secretary determines that the Internet leasing program will result in savings to the taxpayer, an increase in the number of bidders participating, and higher returns than oral bidding or a sealed bidding system.
Sale acreages and schedule— The Secretary shall—
offer for lease under this subtitle—
those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received under subsection (b)(1); and
not fewer than 50,000 acres by not later than 22 months after the date of the enactment of this Act; and
not fewer than an additional 50,000 acres at 6-, 12-, and 18-month intervals following the initial offering under subclause (i);
conduct 4 additional lease sales under the same terms and schedule as the last lease sale under paragraph (1)(B)(ii) not later than 2 years after the date of that sale, if sufficient interest in leasing exists to warrant, in the judgment of the Secretary, the conduct of the sales; and
evaluate the bids in each lease sale under this subsection and issue leases resulting from the sales not later than 90 days after the date on which the sale is completed.
Sec. 5005 Grant of leases by the Secretary
In general— The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted under section 5004 any land to be leased on the Coastal Plain upon payment by the bidder of any bonus as may be accepted by the Secretary.
Subsequent transfers— No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary after the Secretary consults with, and gives due consideration to the views of, the Attorney General.
Sec. 5006 Lease terms and conditions
An oil or gas lease issued under this subtitle shall—
provide for the payment of a royalty of not less than 12.5 percent in amount or value of the production removed or sold under the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases;
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 land on the Coastal Plain shall be fully responsible and liable for the reclamation of land on the Coastal Plain and any other Federal land that is adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and on the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee;
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 land required to be reclaimed under this subtitle shall be, as nearly as practicable, a condition capable of supporting the uses which the land was capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as certified by the Secretary;
contain terms and conditions relating to protection of fish and wildlife, the habitat of fish and wildlife, subsistence resources, and the environment as required under section 5003(a)(2);
provide that the lessee, agents of the lessee, and contractors of the lessee use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right-of-Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native corporations from throughout the State; and
contain such other provisions as the Secretary determines necessary to ensure compliance with this subtitle and the regulations issued pursuant to this subtitle.
Sec. 5007 Coastal Plain environmental protection
No significant adverse effect standard To govern authorized Coastal Plain activities— The Secretary shall, consistent with the requirements of section 5003, administer this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that—
ensure the oil and gas exploration, development, and production activities on the Coastal Plain shall not result in any significant adverse effect on fish and wildlife, the habitat of fish and wildlife, or the environment;
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— With respect to any proposed drilling and related activities, the Secretary shall require 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, the habitat of fish and wildlife, 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— Prior to implementing the leasing program authorized by this subtitle, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this subtitle are conducted in a manner consistent with the purposes and environmental requirements of this subtitle.
Compliance with Federal and State environmental laws and other requirements— The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this subtitle shall require compliance with all applicable provisions of Federal and State environmental law and compliance with the following:
Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the document of the Department of the Interior entitled “Final Legislative Environmental Impact Statement” and dated April 1987 relating to the Coastal Plain.
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
be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that exploration activities may occur at other times if the Secretary finds that the exploration will have no significant adverse effect on the fish and wildlife, the habitat of fish and wildlife, and the environment of the Coastal Plain.
Design safety and construction standards for all pipelines and any access and service roads, that minimize, to the maximum extent practicable, adverse effects on—
the passage of migratory species such as caribou; and
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 subtitle, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose.
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 the 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 (including regulations).
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 determined 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 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; and
the land use stipulations for exploratory drilling on the KIC–ASRC private land that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States.
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, the habitat of fish and wildlife, and the environment.
Using existing facilities wherever practicable.
Enhancing compatibility between wildlife values and development activities.
Access to public land— The Secretary shall—
manage public land in the Coastal Plain subject to section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and
ensure that local residents shall have reasonable access to public land in the Coastal Plain for traditional uses.
Sec. 5008 Expedited judicial review
Filing of complaint—
Deadline— Subject to paragraph (2), any complaint seeking judicial review of—
any provision of this subtitle shall be filed by not later than 1 year after the date of enactment of this Act; or
any action of the Secretary under this subtitle shall be filed—
except as provided in clause (ii), during the 90-day period beginning on the date on which the action is challenged; or
in the case of a complaint based solely on grounds arising after the period described in clause (i), not later than 90 days after the date on which the complainant knew or reasonably should have known of the grounds for the complaint.
Venue— Any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle may be filed only in the United States Court of Appeals for the District of Columbia.
Limitation on scope of certain review—
In general— Judicial review of a decision by the Secretary to conduct a lease sale under this subtitle, including an environmental analysis, shall be—
limited to whether the Secretary has complied with this subtitle; and
based on the administrative record of that decision.
Presumption— The identification by the Secretary of a preferred course of action to enable leasing to proceed and the analysis by the Secretary of environmental effects under this subtitle is presumed to be correct unless shown otherwise by clear and convincing evidence.
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—
In general— Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the “Equal Access to Justice Act”), shall not apply to any action under this subtitle.
Court costs— A party to any action under this subtitle shall not receive payment from the Federal Government for the attorneys’ fees, expenses, or other court costs incurred by the party.
Sec. 5009 Treatment of revenues
Notwithstanding any other provision of law, 90 percent of the amount of bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this subtitle shall be deposited in the Treasury.
Sec. 5010 Rights-of-way across the Coastal Plain
In general— The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas produced under leases under this subtitle—
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, 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, the habitat of fish and wildlife, subsistence resources, or the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines.
Regulations— The Secretary shall include in regulations promulgated under section 5003(g) provisions granting rights-of-way and easements described in subsection (a).
Sec. 5011 Conveyance
In order to maximize Federal revenues by removing clouds on titles to land and clarifying land ownership patterns on the Coastal Plain, and notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), the Secretary shall convey—
to the Kaktovik Inupiat Corporation, the surface estate of the land described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the entitlement of the Kaktovik Inupiat Corporation under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation dated January 22, 1993; and
to the Arctic Slope Regional Corporation the remaining subsurface estate to which the Arctic Slope Regional Corporation is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America.
B Native American Energy
Sec. 5021 Findings
Congress finds that—
the Federal Government has unreasonably interfered with the efforts of Indian tribes to develop energy resources on tribal land; and
Indian tribes should have the opportunity to gain the benefits of the jobs, investment, and economic development to be gained from energy development.
Sec. 5022 Appraisals
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 or other estimates of value relating to fair market value required to be conducted under applicable law, regulation, or policy may be completed by—
“(1) the Secretary;
“(2) the affected Indian tribe; or
“(3) a certified, third-party appraiser pursuant to a contract with the Indian tribe.
“(b) Time Limit on Secretarial Review and Action—Not later than 30 days after the date on which the Secretary receives an appraisal conducted by or for an Indian tribe pursuant to paragraph (2) or (3) of subsection (a), the Secretary shall—
“(1) review the appraisal; and
“(2) provide to the Indian tribe a written notice of approval or disapproval of the appraisal.
“(c) Failure of Secretary To approve or disapprove—If the Secretary has failed to approve or disapprove any appraisal by the date that is 60 days after the date on which the appraisal is received, the appraisal shall be deemed approved.
“(d) Option of Indian tribes To waive appraisal—An Indian tribe may waive the requirements of subsection (a) if the Indian tribe provides to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent to waive the requirements that—
“(1) is duly approved by the governing body of the Indian tribe; and
“(2) includes an express waiver by the Indian tribe of any claims for damages the Indian tribe might have against the United States as a result of the waiver.
“(e) Regulations—The Secretary shall promulgate regulations to implement this section, including standards the Secretary shall use for approving or disapproving an appraisal under subsection (b).”
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. 5023 Standardization
As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall implement procedures to ensure that each agency within the Department of the Interior that is involved in the review, approval, and oversight of oil and gas activities on Indian land shall use a uniform system of reference numbers and tracking systems for oil and gas wells.
Sec. 5024 Environmental reviews of major Federal actions on Indian land
Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended—
in the matter preceding paragraph (1) by inserting “(a) In general.—” before “The Congress authorizes”; and
by adding at the end the following:
“(b) Review of major Federal actions on Indian land
“(1) Definitions of Indian land and Indian tribe—In this subsection, the terms Indian land and Indian tribe have the meaning given those terms in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
“(2) In general—For any major Federal action on Indian land of an Indian tribe requiring the preparation of a statement under subsection (a)(2)(C), the statement shall only be available for review and comment by—
“(A) the members of the Indian tribe; and
“(B) any other individual residing within the affected area.
“(3) Regulations—The Chairman of the Council on Environmental Quality, in consultation with Indian tribes, shall develop regulations to implement this section, including descriptions of affected areas for specific major Federal actions.”
Sec. 5025 Judicial review
Definitions— In this section:
Agency action— The term agency action has the meaning given the term in section 551 of title 5, United States Code.
Energy related action— The term energy-related action means a civil action that—
is filed on or after the date of enactment of this Act; and
seeks judicial review of a final agency action relating to the issuance of a permit, license, or other form of agency permission allowing—
any person or entity to conduct on Indian Land activities involving the exploration, development, production, or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity; or
any Indian Tribe, or any organization of 2 or more entities, not less than 1 of which is an Indian tribe, to conduct activities involving the exploration, development, production, or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken.
Indian land—
In general— The term Indian land has the meaning given the term in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
Inclusion— The term Indian land includes land owned by a Native Corporation (as that term is defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) under that Act (43 U.S.C. 1601 et seq.).
Ultimately prevail—
In general— The term ultimately prevail means, in a final enforceable judgment that the court rules in the party’s favor on at least 1 civil claim that is an underlying rationale for the preliminary injunction, administrative stay, or other relief requested by the party.
Exclusion— The term ultimately prevail does not include circumstances in which the final agency action is modified or amended by the issuing agency unless the modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree.
Time for filing complaint—
In general— Any energy related action shall be filed not later than the end of the 60-day period beginning on the date of the action or decision by a Federal official that constitutes the covered energy project concerned.
Prohibition— Any energy related action that is not filed within the time period described in paragraph (1) shall be barred.
District court venue and deadline— An energy related action—
may only 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 the energy related 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 appealed to the United States Court of Appeals for the District of Columbia Circuit; and
if the court described in paragraph (1) undertakes the review, the court shall resolve the review as expeditiously as possible, and in any event by not later than 180 days after the interlocutory order or final judgment, decree or order of the district court was issued.
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.
Limitation on attorneys' fees and court costs—
In general— Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the “Equal Access to Justice Act”), shall not apply to an energy related action.
Court costs— A party to a covered civil action shall not receive payment from the Federal Government for the attorneys’ fees, expenses, or other court costs incurred by the party.
Sec. 5026 Tribal resource management plans
Unless otherwise explicitly exempted by Federal law enacted after the date of enactment of this Act, any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary of the Interior under the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.) or the American Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.), shall be considered a sustainable management practice for purposes of any Federal standard, benefit, or requirement that requires a demonstration of such sustainability.
Sec. 5027 Leases of restricted lands for the Navajo Nation
Subsection (e)(1) of the first section of the Act of August 9, 1955 (25 U.S.C. 415) (commonly known as the “Long-Term Leasing Act”), is amended—
by striking “, except a lease for” and inserting “, including leases for”;
in subparagraph (A), by striking “25 years, except” and all that follows through “; and” 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 the lease may include an option to renew for 1 additional term not to exceed 25 years.”
Sec. 5028 Nonapplicability of certain rules
No rule promulgated by the Secretary of the Interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall affect any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on behalf of which the land is held in trust or restricted status.
C Additional regulatory provisions
I State authority over hydraulic fracturing
Sec. 5031 Finding
Congress finds that given variations in geology, land use, and population, the States are best placed to regulate the process of hydraulic fracturing occurring on any land within the boundaries of the individual State.
Sec. 5032 State authority
Definition of Federal land— In this section, the term Federal land means—
public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702));
National Forest System land;
land under the jurisdiction of the Bureau of Reclamation; and
land under the jurisdiction of the Corps of Engineers.
State authority—
In general— Notwithstanding any other provision of law, a State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on or under any land within the boundaries of the State.
Federal land— Notwithstanding any other provision of law, the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located.
II Miscellaneous provisions
Sec. 5041 Environmental legal fees
Section 504 of title 5, United States Code, is amended by adding at the end the following:
“(g) Environmental legal fees—Notwithstanding section 1304 of title 31, no award may be made under this section and no amounts may be obligated or expended from the Claims and Judgment Fund of the Treasury to pay any legal fees of a nongovernmental organization related to an action that (with respect to the United States)—
“(1) prevents, terminates, or reduces access to or the production of—
“(A) energy;
“(B) a mineral resource;
“(C) water by agricultural producers;
“(D) a resource by commercial or recreational fishermen; or
“(E) grazing or timber production on Federal land;
“(2) diminishes the private property value of a property owner; or
“(3) eliminates or prevents 1 or more jobs.”
Sec. 5042 Master leasing plans
In general— Notwithstanding any other provision of law, the Secretary of the Interior, acting through the Bureau of Land Management, shall not establish a master leasing plan as part of any guidance issued by the Secretary.
Existing master leasing plans— Instruction Memorandum No. 2010–117 and any other master leasing plan described in subsection (a) issued on or before the date of enactment of this Act shall have no force or effect.