[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1965 Placed on Calendar Senate (PCS)]
Calendar No. 254
113th CONGRESS
1st Session
H. R. 1965
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 21, 2013
Received; read the first time
December 9, 2013
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To streamline and ensure onshore energy permitting, provide for onshore
leasing certainty, and give certainty to oil shale development for
American energy security, economic development, and job creation, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Lands Jobs and Energy
Security Act of 2013''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--FEDERAL LANDS JOBS AND ENERGY SECURITY
Sec. 1001. Short title.
Sec. 1002. Policies regarding buying, building, and working for
America.
Subtitle A--Onshore Oil and Gas Permit Streamlining
Sec. 1101. Short title.
Chapter 1--Application for Permits to Drill Process Reform
Sec. 1111. Permit to drill application timeline.
Sec. 1112. Solar and wind right-of-way rental reform.
Chapter 2--Administrative Protest Documentation Reform
Sec. 1121. Administrative protest documentation reform.
Chapter 3--Permit Streamlining
Sec. 1131. Improve Federal energy permit coordination.
Sec. 1132. Administration of current law.
Chapter 4--Judicial Review
Sec. 1141. Definitions.
Sec. 1142. Exclusive venue for certain civil actions relating to
covered energy projects.
Sec. 1143. Timely filing.
Sec. 1144. Expedition in hearing and determining the action.
Sec. 1145. Standard of review.
Sec. 1146. Limitation on injunction and prospective relief.
Sec. 1147. Limitation on attorneys' fees.
Sec. 1148. Legal standing.
Chapter 5--Knowing America's Oil and Gas Resources
Sec. 1151. Funding oil and gas resource assessments.
Subtitle B--Oil and Gas Leasing Certainty
Sec. 1201. Short title.
Sec. 1202. Minimum acreage requirement for onshore lease sales.
Sec. 1203. Leasing certainty.
Sec. 1204. Leasing consistency.
Sec. 1205. Reduce redundant policies.
Sec. 1206. Streamlined congressional notification.
Subtitle C--Oil Shale
Sec. 1301. Short title.
Sec. 1302. Effectiveness of oil shale regulations, amendments to
resource management plans, and record of
decision.
Sec. 1303. Oil shale leasing.
Subtitle D--Miscellaneous Provisions
Sec. 1401. Rule of construction.
TITLE II--PLANNING FOR AMERICAN ENERGY
Sec. 2001. Short title.
Sec. 2002. Onshore domestic energy production strategic plan.
TITLE III--NATIONAL PETROLEUM RESERVE IN ALASKA ACCESS
Sec. 3001. Short title.
Sec. 3002. Sense of Congress and reaffirming national policy for the
National Petroleum Reserve in Alaska.
Sec. 3003. National Petroleum Reserve in Alaska: lease sales.
Sec. 3004. National Petroleum Reserve in Alaska: planning and
permitting pipeline and road construction.
Sec. 3005. Issuance of a new integrated activity plan and environmental
impact statement.
Sec. 3006. Departmental accountability for development.
Sec. 3007. Deadlines under new proposed integrated activity plan.
Sec. 3008. Updated resource assessment.
TITLE IV--BLM LIVE INTERNET AUCTIONS
Sec. 4001. Short title.
Sec. 4002. Internet-based onshore oil and gas lease sales.
TITLE V--NATIVE AMERICAN ENERGY
Sec. 5001. Short title.
Sec. 5002. Appraisals.
Sec. 5003. Standardization.
Sec. 5004. Environmental reviews of major Federal actions on Indian
lands.
Sec. 5005. Judicial review.
Sec. 5006. Tribal biomass demonstration project.
Sec. 5007. Tribal resource management plans.
Sec. 5008. Leases of restricted lands for the Navajo Nation.
Sec. 5009. Nonapplicability of certain rules.
TITLE I--FEDERAL LANDS JOBS AND ENERGY SECURITY
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Federal Lands Jobs and Energy
Security Act''.
SEC. 1002. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR
AMERICA.
(a) Congressional Intent.--It is the intent of the Congress that--
(1) 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;
(2) 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
(3) 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 title through good jobs and careers, as well as the
establishment of important industrial facilities to support
expanded access to American resources.
(b) 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 title.
Subtitle A--Onshore Oil and Gas Permit Streamlining
SEC. 1101. SHORT TITLE.
This subtitle may be cited as the ``Streamlining Permitting of
American Energy Act of 2013''.
CHAPTER 1--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM
SEC. 1111. 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. 1112. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.
(a) 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))--
(1) 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;
(2) no less than 25 percent shall be available, subject to
appropriation, for Bureau of Land Management solar and wind
permit approval activities; and
(3) 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.
(b) Limitation.--The amount used under subsection (a) each fiscal
year shall not exceed $5,000,000.
CHAPTER 2--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM
SEC. 1121. 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.''.
CHAPTER 3--PERMIT STREAMLINING
SEC. 1131. IMPROVE FEDERAL ENERGY PERMIT COORDINATION.
(a) 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.
(b) 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 this section with--
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental
Protection Agency; and
(C) the Chief of the Army Corps of Engineers.
(2) 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.
(c) 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
(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--
(A) the consultations and the preparation of
biological opinions under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42
U.S.C. 7401 et seq.);
(D) planning under the National Forest Management
Act of 1976 (16 U.S.C. 472a et seq.); and
(E) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) not later than 90 days after the date of
assignment, report to the Bureau of Land Management
Field Managers in the office to which the employee is
assigned;
(B) be responsible for all issues relating to the
energy projects that arise under the authorities of the
employee's home agency; and
(C) participate as part of the team of personnel
working on proposed energy projects, planning, and
environmental analyses on Federal lands.
(d) 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.).
(e) Funding.--Funding for the additional personnel shall come from
the Department of the Interior reforms identified in sections 1111,
1112, and 1121.
(f) Savings Provision.--Nothing in this section affects--
(1) the operation of any Federal or State law; or
(2) any delegation of authority made by the head of a
Federal agency whose employees are participating in the
Project.
(g) 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. 1132. 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).
CHAPTER 4--JUDICIAL REVIEW
SEC. 1141. DEFINITIONS.
In this chapter--
(1) 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
(2) 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. 1142. 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. 1143. 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. 1144. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 1145. 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. 1146. 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. 1147. 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. 1148. 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.
CHAPTER 5--KNOWING AMERICA'S OIL AND GAS RESOURCES
SEC. 1151. FUNDING OIL AND GAS RESOURCE ASSESSMENTS.
(a) 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.
(b) Cost Sharing.--The Federal share of the cost of activities
under this section shall not exceed 50 percent.
(c) Resource Assessment.--Any resource assessment under this
section shall be conducted by a State, in consultation with the United
States Geological Survey.
(d) 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.
Subtitle B--Oil and Gas Leasing Certainty
SEC. 1201. SHORT TITLE.
This subtitle may be cited as the ``Providing Leasing Certainty for
American Energy Act of 2013''.
SEC. 1202. 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:
(1) 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.
(2) 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. 1203. 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. 1204. 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. 1205. REDUCE REDUNDANT POLICIES.
Bureau of Land Management Instruction Memorandum 2010-117 shall
have no force or effect.
SEC. 1206. 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''.
Subtitle C--Oil Shale
SEC. 1301. SHORT TITLE.
This subtitle 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. 1302. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO
RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISION.
(a) 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.
(b) 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. 1303. OIL SHALE LEASING.
(a) 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).
(b) 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.
Subtitle D--Miscellaneous Provisions
SEC. 1401. RULE OF CONSTRUCTION.
Nothing in this title 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--
(1) 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.);
(2) Executive Order No. 13622 (July 30, 2012), Executive
Order No. 13628 (October 9, 2012), or Executive Order No. 13645
(June 3, 2013);
(3) Executive Order No. 13224 (September 23, 2001) or
Executive Order No. 13338 (May 11, 2004); or
(4) the Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003 (22 U.S.C. 2151 note).
TITLE II--PLANNING FOR AMERICAN ENERGY
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Planning for American Energy Act
of 2013''.
SEC. 2002. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.
(a) 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:
``SEC. 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.''.
(b) 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).
TITLE III--NATIONAL PETROLEUM RESERVE IN ALASKA ACCESS
SEC. 3001. SHORT TITLE.
This title may be cited as the ``National Petroleum Reserve Alaska
Access Act''.
SEC. 3002. 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. 3003. 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
2013 through 2023.''.
SEC. 3004. 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 to--
(1) develop and bring into production any areas within the
National Petroleum Reserve in Alaska that are subject to oil
and gas leases; and
(2) 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 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.
(2) 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.
(c) 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. 3005. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND ENVIRONMENTAL
IMPACT STATEMENT.
(a) Issuance of New Integrated Activity Plan.--The Secretary of the
Interior shall, within 180 days after the date of enactment of this
Act, issue--
(1) 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
(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 such
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. 3006. 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. 3007. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY PLAN.
At a minimum, the new proposed integrated activity plan issued
under section 3005(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
such application; and
(2) establish a timeline for the processing of each such
application, that--
(A) specifies deadlines for decisions and actions
on permit applications; and
(B) provide 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. 3008. 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 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.
(c) Timing.--The resource assessment required by subsection (a)
shall be completed within 24 months of the date of the enactment of
this Act.
(d) 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.
TITLE IV--BLM LIVE INTERNET AUCTIONS
SEC. 4001. SHORT TITLE.
This title may be cited as the ``BLM Live Internet Auctions Act''.
SEC. 4002. 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) 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.''.
(b) 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--
(1) estimates on increases or decreases in such 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 such 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 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.
TITLE V--NATIVE AMERICAN ENERGY
SEC. 5001. SHORT TITLE.
This title may be cited as the ``Native American Energy Act''.
SEC. 5002. APPRAISALS.
(a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25
U.S.C. 3501 et seq.) is amended by adding at the end the following:
``SEC. 2607. APPRAISAL REFORMS.
``(a) Options to Indian Tribes.--With respect to a transaction
involving Indian land or the trust assets of an Indian tribe that
requires the approval of the Secretary, any appraisal 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 subsection, 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.''.
(b) Conforming Amendment.--The table of contents of the Energy
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the
end of the items relating to title XXVI the following:
``Sec. 2607. Appraisal reforms.''.
SEC. 5003. 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. 5004. 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. 5005. JUDICIAL REVIEW.
(a) Time for Filing Complaint.--Any energy related action must be
filed not later than the end of the 60-day period beginning on the date
of the final agency action. Any energy related action not filed within
this time period shall be barred.
(b) District Court Venue and Deadline.--All energy related
actions--
(1) shall be brought in the United States District Court
for the District of Columbia; and
(2) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause of action is
filed.
(c) Appellate Review.--An interlocutory order or final judgment,
decree or order of the district court in an energy related action may
be reviewed by the U.S. Court of Appeals for the District of Columbia
Circuit. The D.C. Circuit Court of Appeals shall resolve such appeal as
expeditiously as possible, and in any event not more than 180 days
after such interlocutory order or final judgment, decree or order of
the district court was issued.
(d) Limitation on Certain Payments.--Notwithstanding section 1304
of title 31, United States Code, no award may be made under section 504
of title 5, United States Code, or under section 2412 of title 28,
United States Code, and no amounts may be obligated or expended from
the Claims and Judgment Fund of the United States Treasury to pay any
fees or other expenses under such sections, to any person or party in
an energy related action.
(e) Legal Fees.--In any energy related action in which the
plaintiff does not ultimately prevail, the court shall award to the
defendant (including any intervenor-defendants), other than the United
States, fees and other expenses incurred by that party in connection
with the energy related action, unless the court finds that the
position of the plaintiff was substantially justified or that special
circumstances make an award unjust. Whether or not the position of the
plaintiff was substantially justified shall be determined on the basis
of the administrative record, as a whole, which is made in the energy
related action for which fees and other expenses are sought.
(f) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Agency action.--The term ``agency action'' has the same
meaning given such term in section 551 of title 5, United
States Code.
(2) Indian land.--The term ``Indian Land'' has the same
meaning given such term in section 203(c)(3) of the Energy
Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501),
including lands owned by Native Corporations under the Alaska
Native Claims Settlement Act (Public Law 92-203; 43 U.S.C.
1601).
(3) Energy related action.--The term ``energy related
action'' means a cause of action that--
(A) is filed on or after the effective date of this
Act; and
(B) seeks judicial review of a final agency action
to issue a permit, license, or other form of agency
permission allowing:
(i) any person or entity to conduct
activities on Indian Land, which activities
involve the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity; or
(ii) any Indian Tribe, or any organization
of two or more entities, at least one of which
is an Indian tribe, to conduct activities
involving the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity, regardless of where such
activities are undertaken.
(4) Ultimately prevail.--The phrase ``ultimately prevail''
means, in a final enforceable judgment, the court rules in the
party's favor on at least one cause of action which is an
underlying rationale for the preliminary injunction,
administrative stay, or other relief requested by the party,
and does not include circumstances where the final agency
action is modified or amended by the issuing agency unless such
modification or amendment is required pursuant to a final
enforceable judgment of the court or a court-ordered consent
decree.
SEC. 5006. 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:
``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.
``(a) In General.--For each of fiscal years 2014 through 2018, 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. 5007. 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. 5008. 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--
(1) by striking ``, except a lease for'' and inserting ``,
including leases for'';
(2) in subparagraph (A), by striking ``25'' the first place
it appears and all that follows and inserting ``99 years;'';
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) in the case of a lease for the exploration,
development, or extraction of mineral resources, including
geothermal resources, 25 years, except that any such lease may
include an option to renew for one additional term not to
exceed 25 years.''.
SEC. 5009. 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.
Passed the House of Representatives November 20, 2013.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 254
113th CONGRESS
1st Session
H. R. 1965
_______________________________________________________________________
AN ACT
To streamline and ensure onshore energy permitting, provide for onshore
leasing certainty, and give certainty to oil shale development for
American energy security, economic development, and job creation, and
for other purposes.
_______________________________________________________________________
December 9, 2013
Read the second time and placed on the calendar