Committee Legislation

Bill Introduced Description
S.2202 Apr-02-14
STATUS: April 2, 2014.--Introduced. July 23, 2014.--Mr. Barrasso added as cosponsor. S.2202 SEA Jobs Act (Introduced in Senate - IS) S 2202 IS 113th CONGRESS2d SessionS. 2202 To provide for revenue sharing of qualified revenues from leases in the South Atlantic planning area, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 2, 2014 Mr. SCOTT (for himself and Mr. GRAHAM) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for revenue sharing of qualified revenues from leases in the South Atlantic planning area, 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 `Southern Energy Access Jobs Act' or the `SEA Jobs Act'. SEC. 2. DEFINITIONS. In this Act: (1) DIRECTOR- The term `Director' means the Director of the Bureau of Ocean Energy Management. (2) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) QUALIFIED REVENUES- The term `qualified revenues' means all bonus bids, rentals and royalties (and other sums) due and payable to the United States from all leases entered into after the date of enactment of this Act that covers an area in the South Atlantic planning area. (4) SECRETARY- The term `Secretary' means the Secretary of the Interior. (5) SOUTH ATLANTIC PLANNING AREA- The term `South Atlantic planning area' means the area of the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)) that is located between the northern lateral seaward administrative boundary of the Commonwealth of Virginia and the southernmost lateral seaward administrative boundary of the State of Georgia. (6) STATE- The term `State' means any of the following States: (A) Georgia. (B) North Carolina. (C) South Carolina. (D) Virginia. (7) WORKFORCE INVESTMENT BOARD- The term `workforce investment board' means a State or local workforce investment board established under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). SEC. 3. ENHANCING STATE RIGHTS. (a) In General- The Secretary shall promulgate regulations that establish management of the surface occupancy of each portion of the South Atlantic planning area for the applicable coastline of a State for any lease sale authorized under this Act to the effect that-- (1) the applicable State shall have sole authority to restrict or allow surface facilities above the waterline for the purpose of production of oil or gas resources in any area that is within 12 nautical miles seaward from the coastline of the State; (2) unless permanent surface occupancy is authorized by a State, only sub-surface production facilities may be installed in areas that are located between the point that is 12 nautical miles from seaward from the coastline of the State and the point that is 20 nautical miles seaward from the coastline of the State; (3) new offshore production facilities are encouraged and the impacts on coastal vistas are minimized, to the maximum extent practical; and (4) onshore facilities that facilitate the development and production of the oil and gas resources of the South Atlantic planning area within 12 nautical miles seaward of the coastline of a State are allowed. (b) Temporary Activities Not Affected- Nothing in the regulations described in subsection (a) shall restrict, or give the States authority to restrict, temporary surface activities related to operations associated with outer Continental Shelf oil and gas leases. SEC. 4. REINSTATEMENT OF VIRGINIA LEASE SALE 220. Not later than 2 years after the date of enactment of this Act, the Secretary shall conduct Lease Sale 220 (as described in the notice of intent to prepare an environmental impact statement dated November 13, 2008 (73 Fed. Reg. 67201)). SEC. 5. SOUTH CAROLINA LEASE SALE. (a) In General- Notwithstanding the exclusion of the South Atlantic planning area in the outer Continental Shelf leasing program for fiscal years 2012-2017 prepared under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary shall conduct a lease sale not later than 2 years after the date of enactment of this Act in areas off the coast of the State of South Carolina-- (1) determined by the Secretary to have the most geologically promising hydrocarbon resources; and (2) that constitute not less than 25 percent of the leasable area located within the offshore administrative boundaries of the State of South Carolina depicted in the notice entitled `Federal Outer Continental Shelf (OCS) Administrative Boundaries Extending from the Submerged Lands Act Boundary seaward to the Limit of the United States Outer Continental Shelf', published January 3, 2006 (71 Fed. Reg. 127). (b) Environmental Impact Statement- The Secretary shall complete a multisale environmental impact statement for the lease sales conducted under subsection (a) and section 4. SEC. 6. SOUTH ATLANTIC PLANNING AREA LEASE SALES. (a) In General- The Secretary shall conduct 3 lease sales in the South Atlantic planning area before June 30, 2017, in areas-- (1) to be determined by the Secretary based on-- (A) analysis by the Bureau of Ocean Energy Management; and (B) industry nomination; and (2) determined by the Secretary to contain the most hydrocarbon resource potential. (b) 2017-2022 Leasing Program- The Secretary shall-- (1) include the South Atlantic planning area in the outer Continental Shelf leasing program for fiscal years 2017-2022 prepared under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344); and (2) conduct 1 lease sale in the South Atlantic planning area during each year of the program, for a total of 5 lease sales. SEC. 7. BALANCING OF MILITARY AND ENERGY PRODUCTION GOALS. (a) In General- In recognition that the outer Continental Shelf oil and gas leasing program and the domestic energy resources produced under the program are integral to national security, the Secretary and the Secretary of Defense shall work jointly in implementing lease sales under this Act-- (1) to preserve the ability of the Armed Forces of the United States to maintain an optimum state of readiness through their continued use of the outer Continental Shelf; and (2) to allow effective exploration, development, and production of the oil, gas, and renewable energy resources of the United States. (b) Prohibition on Conflicts With Military Operations- No person may engage in any exploration, development, or production of oil or natural gas on the outer Continental Shelf under a lease issued under this Act that would conflict with any military operation, as determined in accordance with-- (1) the agreement entitled `Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf' signed July 20, 1983; and (2) any revision or replacement for the agreement described in paragraph (1) that is agreed to by the Secretary of Defense and the Secretary after that date but before the date of issuance of the lease under which the exploration, development, or production is conducted. SEC. 8. REVENUE SHARING AND DEFICIT REDUCTION. Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), each fiscal year the Secretary shall deposit-- (1) 37.5 percent of the qualified revenues in a special account in the Treasury, from which the Secretary shall allocate amounts in accordance with section 9; (2) 2.5 percent of the qualified revenues in the fund established by section 10(b)(1), from which the Secretary shall allocate amounts in accordance with that section; (3) 10 percent of the qualified revenues dedicated towards deficit reduction; and (4) 50 percent of the qualified revenues in the general fund of the Treasury. SEC. 9. ALLOCATION TO STATES. (a) In General- Of the qualified revenues deposited in the account under section 8(1), 37.5 percent shall be distributed to each State-- (1) using the formula established under subsection (b); and (2) in amounts that are inversely proportional to the respective distances between the point on the coastline of each State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. (b) Formula- The formula used to make the calculation under subsection (a) shall be-- (1) established by the Secretary by regulation; and (2) modeled after the final rule entitled `Allocation and Disbursement of Royalties, Rentals, and Bonuses--Oil and Gas, Offshore', dated December 23, 2008 (73 Fed. Reg. 78622). (c) Minimum Allocation- Each State shall be entitled to an amount equal to not less than 10 percent of the qualified revenues allocated under subsection (a). (d) Use of Funds- A State receiving amounts under this section may use the amounts in accordance with State law. SEC. 10. VETERANS JOBS GRANT PROGRAM AUTHORIZED. (a) Establishment of Fund- (1) IN GENERAL- There is established in the Treasury of the United States a fund, to be known as the `Oil and Gas Production Veterans Workforce Training Fund' (referred to in this section as the `Fund'), consisting of such amounts as are transferred to the Fund under section 8(2). (2) ADMINISTRATION- The Fund shall be administered by the Secretary to fund the grants authorized by subsection (b). (b) Grants Authorized- (1) IN GENERAL- The Secretary, acting through the Director, shall award grants on a competitive basis to eligible institutions of higher education and workforce investment boards to establish and fund oil and gas exploration, development, and production workforce training programs. (2) ELIGIBILITY- To be eligible to receive a grant under this section, an institution of higher education or workforce investment board shall-- (A) establish or expand and administer an oil and gas exploration, development, and production workforce training program; and (B) in granting admission to applicants to the program, give priority to veterans of the Armed Forces of the United States. (3) APPLICATION- Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (4) LIMITATION ON ADMINISTRATIVE EXPENSES- Not more than 0.5 percent of the amounts made available to carry out this section may be used to pay for the administrative expenses of the programs described in paragraph (1). SEC. 11. ENHANCING GEOLOGICAL AND GEOPHYSICAL EDUCATION FOR AMERICA'S ENERGY FUTURE. (a) In General- The Secretary, acting through the Director, shall partner with institutions of higher education selected under subsection (c) to facilitate the practical study of geological and geophysical sciences of areas on the Atlantic Outer Continental Shelf and elsewhere on the Continental Shelf of the United States. (b) Focus- Activities conducted by institutions of higher education under this section shall focus all geological and geophysical scientific research on obtaining a better understanding of hydrocarbon potential in the South Atlantic Planning Area while fostering the study of the geological and geophysical sciences at institutions of higher education in the United States. (c) Selection of Institutions- (1) NOMINATION- Not later than 180 days after the date of enactment of this Act, the Governor of each State may nominate for participation in a partnership-- (A) 1 institution of higher education located in the State; and (B) 1 institution of higher education that is a historically Black college or university, as defined in section 631(a) of the Higher Education Act of 1965 (20 U.S.C. 1132(a)) located in the State. (2) PREFERENCE- In making nominations under paragraph (1), each Governor shall give preference to those institutions of higher education that demonstrate a vigorous rate of admissions of veterans of the Armed Forces of the United States and meet the criteria described in paragraph (3). (3) SELECTION- The Director shall select as a partner any institution of higher education nominated under paragraph (1) that the Director determines demonstrates excellence in 1 or more of the following criteria: (A) Geophysical sciences curriculum. (B) Engineering curriculum. (C) Information technology or other technical studies related to seismic research, including data processing. (d) Research Authority- (1) IN GENERAL- Except as provided in paragraph (2), an institution of higher education selected under subsection (c)(3) may conduct research under this section upon the expiration of the 30-day period beginning on the date the institution of higher education submits notice of the research to the South Atlantic Regional Director of the Bureau of Ocean Energy Management. (2) PERMIT REQUIRED- An institution of higher education may not under this section conduct research that uses solid or liquid explosives except as authorized by a permit issued by the Director. (e) Data- (1) IN GENERAL- Geological and geophysical activities conducted under this section-- (A) shall be considered scientific research and data produced by the activities; (B) shall not be used or shared for commercial purposes; (C) shall not be produced for proprietary use or sale; and (D) shall be made available by the Director to the public. (2) SUBMISSION OF DATA TO BOEM- Not later than 60 days after completion of initial analysis of data collected under this section by an institution of higher education selected under subsection (c)(3), the institution of higher education shall share with the Bureau of Ocean Energy Management any data collected that is requested by the Bureau of Ocean Energy Management. (3) FEES- The Director may not charge any fee for the provision of data produced in research under this section, other than a data reprocessing fee to pay the cost of duplicating the data. (f) Report- Not less frequently than once every 180 days, the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the data derived from partnerships under this section. SEC. 12. ATLANTIC REGIONAL OFFICE. Not later than the last day of the outer Continental Shelf leasing program for fiscal years 2012-2017 prepared under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Director shall establish an Atlantic regional office in an area that is-- (1) included in the outer Continental Shelf leasing program for fiscal years 2017-2022 prepared under section 18 of that Act; and (2) determined by the Director to have the most potential resource development.
H.Res.2197 Mar-05-14
STATUS: May 23, 2013.--Introduced in House. September 20, 2013.--Reported by the Committee on Natural Resources. H. Rept. 113-223. March 4, 2014.--Passed/agreed to in House with voice vote. March 5, 2014.--Introduced in Senate. July 23, 2014.--Hearing by subcommittee. H.R.2197 York River Wild and Scenic River Study Act of 2014 (Engrossed in House [Passed House] - EH) HR 2197 EH 113th CONGRESS2d Session H. R. 2197AN ACT To amend the Wild and Scenic Rivers Act to designate segments of the York River and associated tributaries for study for potential inclusion in the National Wild and Scenic Rivers System. 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 `York River Wild and Scenic River Study Act of 2014'. SEC. 2. DESIGNATION FOR STUDY. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: `( X ) YORK RIVER, MAINE- (A) The York River that flows 11.25 miles from its headwaters at York Pond to the mouth of the river at York Harbor, and all associated tributaries. `(B) The study conducted under this paragraph shall-- `(i) determine the effect of the designation on-- `(I) existing commercial and recreational activities, such as hunting, fishing, trapping, recreational shooting, motor boat use, bridge construction; `(II) the authorization, construction, operation, maintenance, or improvement of energy production and transmission infrastructure; and `(III) the authority of State and local governments to manage those activities; and `(ii) identify-- `(I) all authorities that will authorize or require the Secretary to influence local land use decisions (such as zoning) or place restrictions on non-Federal land if designated under this Act; `(II) all authorities that the Secretary may use to condemn property; and `(III) all private property located in the area studied under this paragraph.'. SEC. 3. STUDY AND REPORT. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: `( X ) YORK RIVER, MAINE- The study of the York River, Maine, named in paragraph ( X ) of subsection (a) shall be completed by the Secretary of the Interior and the report thereon submitted to Congress not later than 3 years after the date on which funds are made available to carry out this paragraph.'. Passed the House of Representatives March 4, 2014. Attest: Clerk. 113th CONGRESS2d SessionH. R. 2197AN ACT To amend the Wild and Scenic Rivers Act to designate segments of the York River and associated tributaries for study for potential inclusion in the National Wild and Scenic Rivers System.
S.2170 Mar-27-14
STATUS: March 27, 2014.--Introduced. April 8, 2014.--Mr. Lee added as cosponsor. S.2170 American Energy Renaissance Act of 2014 (Introduced in Senate - IS) S 2170 IS 113th CONGRESS2d SessionS. 2170 To free the private sector to harness domestic energy resources to create jobs and generate economic growth by removing statutory and administrative barriers. IN THE SENATE OF THE UNITED STATESMarch 27, 2014 Mr. CRUZ introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To free the private sector to harness domestic energy resources to create jobs and generate economic growth by removing statutory and administrative barriers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `American Energy Renaissance Act of 2014'. (b) Table of Contents- The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--EXPANDING AMERICAN ENERGY EXPORTS Sec. 1001. Finding. Sec. 1002. Natural gas exports. Sec. 1003. Crude oil exports. Sec. 1004. Coal exports. TITLE II--IMPROVING NORTH AMERICAN ENERGY INFRASTRUCTURE Subtitle A--North American Energy Infrastructure Sec. 2001. Finding. Sec. 2002. Definitions. Sec. 2003. Authorization of certain energy infrastructure projects at the national boundary of the United States. Sec. 2004. Transmission of electric energy to Canada and Mexico. Sec. 2005. Effective date; rulemaking deadlines. Subtitle B--Keystone XL Permit Approval Sec. 2011. Findings. Sec. 2012. Keystone XL permit approval. TITLE III--OUTER CONTINENTAL SHELF LEASING Sec. 3001. Finding. Sec. 3002. Extension of leasing program. Sec. 3003. Lease sales. Sec. 3004. Applications for permits to drill. Sec. 3005. Lease sales for certain areas. TITLE IV--UTILIZING AMERICA'S ONSHORE RESOURCES Sec. 4001. Findings. Sec. 4002. State option for energy development. Subtitle A--Energy Development by States Sec. 4011. Definitions. Sec. 4012. State programs. Sec. 4013. Leasing, permitting, and regulatory programs. Sec. 4014. Judicial review. Sec. 4015. Administrative Procedure Act. Subtitle B--Onshore Oil and Gas Permit Streamlining Part I--Oil and Gas Leasing Certainty Sec. 4021. Minimum acreage requirement for onshore lease sales. Sec. 4022. Leasing certainty. Sec. 4023. Leasing consistency. Sec. 4024. Reduce redundant policies. Sec. 4025. Streamlined congressional notification. Part II--Application for Permits To Drill Process Reform Sec. 4031. Permit to drill application timeline. Sec. 4032. Administrative protest documentation reform. Sec. 4033. Improved Federal energy permit coordination. Sec. 4034. Administration. Part III--Oil Shale Sec. 4041. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision. Sec. 4042. Oil shale leasing. Part IV--National Petroleum Reserve in Alaska Access Sec. 4051. Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska. Sec. 4052. National Petroleum Reserve in Alaska: lease sales. Sec. 4053. National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction. Sec. 4054. Issuance of a new integrated activity plan and environmental impact statement. Sec. 4055. Departmental accountability for development. Sec. 4056. Deadlines under new proposed integrated activity plan. Sec. 4057. Updated resource assessment. Part V--Miscellaneous Provisions Sec. 4061. Sanctions. Sec. 4062. Internet-based onshore oil and gas lease sales. Part VI--Judicial Review Sec. 4071. Definitions. Sec. 4072. Exclusive venue for certain civil actions relating to covered energy projects. Sec. 4073. Timely filing. Sec. 4074. Expedition in hearing and determining the action. Sec. 4075. Limitation on injunction and prospective relief. Sec. 4076. Limitation on attorneys' fees and court costs. Sec. 4077. Legal standing. TITLE V--ADDITIONAL ONSHORE RESOURCES Subtitle A--Leasing Program for Land Within Coastal Plain Sec. 5001. Finding. Sec. 5002. Definitions. Sec. 5003. Leasing program for land on the Coastal Plain. Sec. 5004. Lease sales. Sec. 5005. Grant of leases by the Secretary. Sec. 5006. Lease terms and conditions. Sec. 5007. Coastal Plain environmental protection. Sec. 5008. Expedited judicial review. Sec. 5009. Treatment of revenues. Sec. 5010. Rights-of-way across the Coastal Plain. Sec. 5011. Conveyance. Subtitle B--Native American Energy Sec. 5021. Findings. Sec. 5022. Appraisals. Sec. 5023. Standardization. Sec. 5024. Environmental reviews of major Federal actions on Indian land. Sec. 5025. Judicial review. Sec. 5026. Tribal resource management plans. Sec. 5027. Leases of restricted lands for the Navajo Nation. Sec. 5028. Nonapplicability of certain rules. Subtitle C--Additional Regulatory Provisions Part I--State Authority Over Hydraulic Fracturing Sec. 5031. Finding. Sec. 5032. State authority. Part II--Miscellaneous Provisions Sec. 5041. Environmental legal fees. Sec. 5042. Master leasing plans. TITLE VI--IMPROVING AMERICA'S DOMESTIC REFINING CAPACITY Subtitle A--Refinery Permitting Reform Sec. 6001. Finding. Sec. 6002. Definitions. Sec. 6003. Streamlining of refinery permitting process. Subtitle B--Repeal of Renewable Fuel Standard Sec. 6011. Findings. Sec. 6012. Phase out of renewable fuel standard. TITLE VII--STOPPING EPA OVERREACH Sec. 7001. Findings. Sec. 7002. Clarification of Federal regulatory authority to exclude greenhouse gases from regulation under the Clean Air Act. Sec. 7003. Jobs analysis for all EPA regulations. TITLE VIII--DEBT FREEDOM FUND Sec. 8001. Findings. Sec. 8002. Debt freedom fund. TITLE I--EXPANDING AMERICAN ENERGY EXPORTS SEC. 1001. FINDING. Congress finds that opening up energy exports will contribute to economic development, private sector job growth, and continued growth in American energy production. SEC. 1002. NATURAL GAS EXPORTS. (a) Finding- Congress finds that expanding natural gas exports will lead to increased investment and development of domestic supplies of natural gas that will contribute to job growth and economic development. (b) Natural Gas Exports- Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended-- (1) by inserting `or any other nation not excluded by this section' after `trade in natural gas'; (2) by striking `(c) For purposes' and inserting the following: `(c) Expedited Application and Approval Process- `(1) IN GENERAL- For purposes'; and (3) by adding at the end the following: `(2) EXCLUSIONS- `(A) IN GENERAL- Any nation subject to sanctions or trade restrictions imposed by the United States is excluded from expedited approval under paragraph (1). `(B) DESIGNATION BY PRESIDENT OR CONGRESS- The President or Congress may designate nations that may be excluded from expedited approval under paragraph (1) for reasons of national security. `(3) ORDER NOT REQUIRED- No order is required under subsection (a) to authorize the export or import of any natural gas to or from Canada or Mexico.'. SEC. 1003. CRUDE OIL EXPORTS. (a) Findings- Congress finds that-- (1) the restrictions on crude oil exports from the 1970s are no longer necessary due to the technological advances that have increased the domestic supply of crude oil; and (2) repealing restrictions on crude oil exports will contribute to job growth and economic development. (b) Repeal of Presidential Authority To Restrict Oil Exports- (1) IN GENERAL- Section 103 of the Energy Policy and Conservation Act (42 U.S.C. 6212) is repealed. (2) CONFORMING AMENDMENTS- (A) Section 12 of the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719j) is amended-- (i) by striking `and section 103 of the Energy Policy and Conservation Act'; and (ii) by striking `such Acts' and inserting `that Act'. (B) The Energy Policy and Conservation Act is amended-- (i) in section 251 (42 U.S.C. 6271)-- (I) by striking subsection (d); and (II) by redesignating subsection (e) as subsection (d); and (ii) in section 523(a)(1) (42 U.S.C. 6393(a)(1)), by striking `(other than section 103 thereof)'. (c) Repeal of Limitations on Exports of Oil- (1) IN GENERAL- Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended-- (A) by striking subsection (u); and (B) by redesignating subsections (v) through (y) as subsections (u) through (x), respectively. (2) CONFORMING AMENDMENTS- (A) Section 1107(c) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3167(c)) is amended by striking `(u) through (y)' and inserting `(u) through (x)'. (B) Section 23 of the Deep Water Port Act of 1974 (33 U.S.C. 1522) is repealed. (C) Section 203(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1652(c)) is amended in the first sentence by striking `(w)(2), and (x))' and inserting `(v)(2), and (w))'. (D) Section 509(c) of the Public Utility Regulatory Policies Act of 1978 (43 U.S.C. 2009(c)) is amended by striking `subsection (w)(2)' and inserting `subsection (v)(2)'. (d) Repeal of Limitations on Export of OCS Oil or Gas- Section 28 of the Outer Continental Shelf Lands Act (43 U.S.C. 1354) is repealed. (e) Termination of Limitation on Exportation of Crude Oil- Section 7(d) of the Export Administration Act of 1979 (50 U.S.C. App. 2406(d)) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) shall have no force or effect. (f) Clarification of Crude Oil Regulation- (1) IN GENERAL- Section 754.2 of title 15, Code of Federal Regulations (relating to crude oil) shall have no force or effect. (2) CRUDE OIL LICENSE REQUIREMENTS- The Bureau of Industry and Security of the Department of Commerce shall grant licenses to export to a country crude oil (as the term is defined in subsection (a) of the regulation referred to in paragraph (1)) (as in effect on the date that is 1 day before the date of enactment of this Act) unless-- (A) the country is subject to sanctions or trade restrictions imposed by the United States; or (B) the President or Congress has designated the country as subject to exclusion for reasons of national security. SEC. 1004. COAL EXPORTS. (a) Findings- Congress finds that-- (1) increased international demand for coal is an opportunity to support jobs and promote economic growth in the United States; and (2) exports of coal should not be unreasonably restricted or delayed. (b) NEPA Review for Coal Exports- In completing an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for an approval or permit for coal export terminals, or transportation of coal to coal export terminals, the Secretary of the Army, acting through the Chief of Engineers-- (1) may only take into account domestic environmental impacts; and (2) may not take into account any impacts resulting from the final use overseas of the exported coal. TITLE II--IMPROVING NORTH AMERICAN ENERGY INFRASTRUCTURESubtitle A--North American Energy Infrastructure SEC. 2001. FINDING. Congress finds that the United States should establish a more efficient, transparent, and modern process for the construction, connection, operation, and maintenance of oil and natural gas pipelines and electric transmission facilities for the import and export of oil, natural gas, and electricity to and from Canada and Mexico, in pursuit of a more secure and efficient North American energy market. SEC. 2002. DEFINITIONS. In this title: (1) ELECTRIC RELIABILITY ORGANIZATION- The term `Electric Reliability Organization' has the meaning given the term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)). (2) INDEPENDENT SYSTEM OPERATOR- The term `Independent System Operator' has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796). (3) NATURAL GAS- The term `natural gas' has the meaning given the term in section 2 of the Natural Gas Act (15 U.S.C. 717a). (4) OIL- The term `oil' means petroleum or a petroleum product. (5) REGIONAL ENTITY- The term `regional entity' has the meaning given the term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)). (6) REGIONAL TRANSMISSION ORGANIZATION- The term `Regional Transmission Organization' has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796). SEC. 2003. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE PROJECTS AT THE NATIONAL BOUNDARY OF THE UNITED STATES. (a) Authorization- Except as provided in subsections (d) and (e), no person may construct, connect, operate, or maintain an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining approval of the construction, connection, operation, or maintenance under this section. (b) Approval- (1) REQUIREMENT- Not later than 120 days after receiving a request for approval of construction, connection, operation, or maintenance under this section, the relevant official identified under paragraph (2), in consultation with appropriate Federal agencies, shall approve the request unless the relevant official finds that the construction, connection, operation, or maintenance harms the national security interests of the United States. (2) RELEVANT OFFICIAL- The relevant official referred to in paragraph (1) is-- (A) the Secretary of Commerce with respect to oil pipelines; (B) the Federal Energy Regulatory Commission with respect to natural gas pipelines; and (C) the Secretary of Energy with respect to electric transmission facilities. (3) APPROVAL NOT MAJOR FEDERAL ACTION- An approval of construction, connection, operation, or maintenance under paragraph (1) shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (4) ADDITIONAL REQUIREMENT FOR ELECTRIC TRANSMISSION FACILITIES- In the case of a request for approval of the construction, connection, operation, or maintenance of an electric transmission facility, the Secretary of Energy shall require, as a condition of approval of the request under paragraph (1), that the electric transmission facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of-- (A) the Electric Reliability Organization and the applicable regional entity; and (B) any Regional Transmission Organization or Independent System Operator with operational or functional control over the electric transmission facility. (c) No Other Approval Required- No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. Reg. 25299 (April 30, 2004)), Executive Order 11423 (3 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 16, 1968)), section 301 of title 3, United States Code, Executive Order 12038 (43 Fed. Reg. 3674 (January 26, 1978)), Executive Order 10485 (18 Fed. Reg. 5397 (September 9, 1953)), or any other Executive order shall be necessary for construction, connection, operation, or maintenance to which this section applies. (d) Exclusions- This section shall not apply to-- (1) any construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico if-- (A) the pipeline or facility is operating at the national boundary for that import or export as of the date of enactment of this Act; (B) a permit described in subsection (c) for the construction, connection, operation, or maintenance has been issued; (C) approval of the construction, connection, operation, or maintenance has previously been obtained under this section; or (D) an application for a permit described in subsection (c) for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of-- (i) the date on which the application is denied; and (ii) July 1, 2015; or (2) the construction, connection, operation, or maintenance of the Keystone XL pipeline. (e) Modifications to Existing Projects- No approval under this section, or permit described in subsection (c), shall be required for modifications to construction, connection, operation, or maintenance described in subparagraph (A), (B), or (C) of subsection (d)(1), including reversal of flow direction, change in ownership, volume expansion, downstream or upstream interconnection, or adjustments to maintain flow (such as a reduction or increase in the number of pump or compressor stations). (f) Effect of Other Laws- Nothing in this section affects the application of any other Federal law to a project for which approval of construction, connection, operation, or maintenance is sought under this section. SEC. 2004. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND MEXICO. (a) Repeal of Requirement To Secure Order- Section 202 of the Federal Power Act (16 U.S.C. 824a) is amended by striking subsection (e). (b) Conforming Amendments- (1) STATE REGULATIONS- Section 202 of the Federal Power Act (16 U.S.C. 824a) is amended-- (A) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and (B) in subsection (e) (as so redesignated), by striking `insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection 202(e)'. (2) SEASONAL DIVERSITY ELECTRICITY EXCHANGE- Section 602(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended by striking `the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act' and all that follows through the period at the end and inserting `the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary.'. SEC. 2005. EFFECTIVE DATE; RULEMAKING DEADLINES. (a) Effective Date- Sections 2003 and 2004, and the amendments made by those sections, shall take effect on July 1, 2015. (b) Rulemaking Deadlines- Each relevant official described in section 2003(b)(2) shall-- (1) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of section 2003; and (2) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of section 2003. Subtitle B--Keystone XL Permit Approval SEC. 2011. FINDINGS. Congress finds that-- (1) building the Keystone XL pipeline will provide jobs and economic growth to the United States; and (2) the Keystone XL pipeline should be approved immediately. SEC. 2012. KEYSTONE XL PERMIT APPROVAL. (a) In General- Notwithstanding Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. Reg. 25299 (April 30, 2004)), Executive Order 11423 (3 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 16, 1968)), section 301 of title 3, United States Code, and any other Executive order or provision of law, no presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Corporation to the Department of State for the northern portion of the Keystone XL pipeline from the Canadian border to the border between the States of South Dakota and Nebraska. (b) Environmental Impact Statement- The final environmental impact statement issued by the Secretary of State on January 31, 2014, regarding the pipeline referred to in subsection (a), shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (c) Critical Habitat- No area necessary to construct or maintain the Keystone XL pipeline shall be considered critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or any other provision of law. (d) Permits- Any Federal permit or authorization issued before the date of enactment of this Act for the pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, shall remain in effect. (e) Federal Judicial Review- The pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, that are approved by this section, and any permit, right-of-way, or other action taken to construct or complete the project pursuant to Federal law, shall only be subject to judicial review on direct appeal to the United States Court of Appeals for the District of Columbia Circuit. TITLE III--OUTER CONTINENTAL SHELF LEASING SEC. 3001. FINDING. Congress finds that the United States has enormous potential for offshore energy development and that the people of the United States should have access to the jobs and economic benefits from developing those resources. SEC. 3002. EXTENSION OF LEASING PROGRAM. (a) In General- Subject to subsection (c), the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 issued by the Secretary of the Interior (referred to in this title as the `Secretary') under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) shall be considered to be the final oil and gas leasing program under that section for the period of fiscal years 2014 through 2019. (b) Final Environmental Impact Statement- The Secretary is considered to have issued a final environmental impact statement for the program applicable to the period described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (c) Exceptions- Lease Sales 214, 232, and 239 shall not be included in the final oil and gas leasing program for the period of fiscal years 2014 through 2019. SEC. 3003. LEASE SALES. (a) In General- Except as otherwise provided in this section, not later than 180 days after the date of enactment of this Act and every 270 days thereafter, the Secretary shall conduct a lease sale in each outer Continental Shelf planning area for which the Secretary determines that there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf. (b) Subsequent Determinations and Sales- If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this section, not later than 2 years after the date of the determination and every 2 years thereafter, the Secretary shall-- (1) make an additional determination on whether there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; and (2) if the Secretary determines that there is a commercial interest under paragraph (1), conduct a lease sale in the planning area. (c) Protection of State Interest- In developing future leasing programs, the Secretary shall give deference to affected coastal States (as the term is used in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) in determining leasing areas to be included in the leasing program. (d) Petitions- If a person petitions the Secretary to conduct a lease sale for an outer Continental Shelf planning area in which the person has a commercial interest, the Secretary shall conduct a lease sale for the area in accordance with subsection (a). SEC. 3004. APPLICATIONS FOR PERMITS TO DRILL. Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334) is amended by adding at the end the following: `(k) Applications for Permits To Drill- `(1) IN GENERAL- Subject to paragraph (2), the Secretary shall approve or disapprove an application for a permit to drill submitted under this Act not later than 20 days after the date on which the application is submitted to the Secretary. `(2) DISAPPROVAL- If the Secretary disapproves an application for a permit to drill under paragraph (1), the Secretary shall-- `(A) provide to the applicant a description of the reasons for the disapproval of the application; `(B) allow the applicant to resubmit an application during the 10-day period beginning on the date of the receipt of the description described in subparagraph (A) by the applicant; and `(C) approve or disapprove any resubmitted application not later than 10 days after the date on which the application is submitted to the Secretary.'. SEC. 3005. LEASE SALES FOR CERTAIN AREAS. (a) In General- As soon as practicable but not later than 1 year after the date of enactment of this Act, the Secretary shall conduct Lease Sale 220 for areas offshore of the State of Virginia. (b) Compliance With Other Laws- For purposes of the lease sale described in subsection (a), the environmental impact statement prepared under section 3001 shall satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (c) Energy Projects in Gulf of Mexico- (1) JURISDICTION- The United States Court of Appeals for the Fifth Circuit shall have exclusive jurisdiction over challenges to offshore energy projects and permits to drill carried out in the Gulf of Mexico. (2) FILING DEADLINE- Any civil action to challenge a project or permit described in paragraph (1) shall be filed not later than 60 days after the date of approval of the project or the issuance of the permit. TITLE IV--UTILIZING AMERICA'S ONSHORE RESOURCES SEC. 4001. FINDINGS. Congress finds that-- (1) current policy has failed to take full advantage of the natural resources on Federal land; (2) the States should be given the option to lead energy development on all available Federal land in a State; and (3) the Federal Government should not inhibit energy development on Federal land. SEC. 4002. STATE OPTION FOR ENERGY DEVELOPMENT. Notwithstanding any other provision of this title, a State may elect to control energy development and production on available Federal land in accordance with the terms and conditions of subtitle A and the amendments made by subtitle A in lieu of being subject to the Federal system established under subtitle B and the amendments made by subtitle B. Subtitle A--Energy Development by States SEC. 4011. DEFINITIONS. In this subtitle: (1) AVAILABLE FEDERAL LAND- The term `available Federal land' means any Federal land that, as of the date of enactment of this Act-- (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a congressionally designated wilderness area. (2) SECRETARY- The term `Secretary' means the Secretary of the Interior. (3) STATE- The term `State' means-- (A) a State; and (B) the District of Columbia. SEC. 4012. STATE PROGRAMS. (a) In General- A State-- (1) may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise the rights of the State to develop all forms of energy resources on available Federal land in the State; and (2) as a condition of certification under section 4013(b) shall submit a declaration to the Departments of the Interior, Agriculture, and Energy that a program under paragraph (1) has been established or amended. (b) Amendment of Programs- A State may amend a program developed and certified under this subtitle at any time. (c) Certification of Amended Programs- Any program amended under subsection (b) shall be certified under section 4013(b). SEC. 4013. LEASING, PERMITTING, AND REGULATORY PROGRAMS. (a) Satisfaction of Federal Requirements- Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (3) the National Historic Preservation Act (16 U.S.C. 470 et seq.). (b) Federal Certification and Transfer of Development Rights- Upon submission of a declaration by a State under section 4012(a)(2)-- (1) the program under section 4012(a)(1) shall be certified; and (2) the State shall receive all rights from the Federal Government to develop all forms of energy resources covered by the program. (c) Issuance of Permits and Leases- If a State elects to issue a permit or lease for the development of any form of energy resource on any available Federal land within the borders of the State in accordance with a program certified under subsection (b), the permit or lease shall be considered to meet all applicable requirements of Federal law (including regulations). SEC. 4014. JUDICIAL REVIEW. Activities carried out in accordance with this subtitle shall not be subject to Federal judicial review. SEC. 4015. ADMINISTRATIVE PROCEDURE ACT. Activities carried out in accordance with this subtitle shall not be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the `Administrative Procedure Act'). Subtitle B--Onshore Oil and Gas Permit Streamlining PART I--OIL AND GAS LEASING CERTAINTY SEC. 4021. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES. Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) by striking `Sec. 17. (a) All lands' and inserting the following: `SEC. 17. LEASE OF OIL AND GAS LAND. `(a) Authority of Secretary- `(1) IN GENERAL- All land'; and (2) in subsection (a), by adding at the end the following: `(2) MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES- `(A) IN GENERAL- In conducting lease sales under paragraph (1)-- `(i) there shall be a presumption that nominated land should be leased; and `(ii) the Secretary of the Interior shall offer for sale all of the nominated acreage not previously made available for lease, unless the Secretary demonstrates by clear and convincing evidence that an individual lease should not be granted. `(B) ADMINISTRATION- Acreage offered for lease pursuant to this paragraph-- `(i) shall not be subject to protest; and `(ii) shall be eligible for categorical exclusions under section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942), except that the categorical exclusions shall not be subject to the test of extraordinary circumstances or any other similar regulation or policy guidance. `(C) AVAILABILITY- In administering this paragraph, the Secretary shall only consider leasing of Federal land that is available for leasing at the time the lease sale occurs.'. SEC. 4022. LEASING CERTAINTY. Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) (as amended by section 4061) is amended by adding at the end the following: `(3) LEASING CERTAINTY- `(A) IN GENERAL- The Secretary of the Interior shall not withdraw any covered energy project (as defined in section 4051 of the American Energy Renaissance Act of 2014) issued under this Act without finding a violation of the terms of the lease by the lessee. `(B) DELAY- The Secretary shall not infringe on lease rights under leases issued under this Act by indefinitely delaying issuance of project approvals, drilling and seismic permits, and rights-of-way for activities under the lease. `(C) AVAILABILITY FOR LEASE- Not later than 18 months after an area is designated as open under the applicable land use plan, the Secretary shall make available nominated areas for lease using the criteria established under section 2. `(D) LAST PAYMENT- `(i) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall issue all leases sold not later than 60 days after the last payment is made. `(ii) CANCELLATION- The Secretary shall not cancel or withdraw any lease parcel after a competitive lease sale has occurred and a winning bidder has submitted the last payment for the parcel. `(E) PROTESTS- `(i) IN GENERAL- Not later than the end of the 60-day period beginning on the date a lease sale is held under this Act, the Secretary shall adjudicate any lease protests filed following a lease sale. `(ii) UNSETTLED PROTEST- If, after the 60-day period described in clause (i) any protest is left unsettled-- `(I) the protest shall be considered automatically denied; and `(II) the appeal rights of the protestor shall begin. `(F) ADDITIONAL LEASE STIPULATIONS- No additional lease stipulation may be added after the parcel is sold without consultation and agreement of the lessee, unless the Secretary considers the stipulation as an emergency action to conserve the resources of the United States.'. SEC. 4023. LEASING CONSISTENCY. A Federal land manager shall follow existing resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised, until such time as a new record of decision is signed. SEC. 4024. REDUCE REDUNDANT POLICIES. Bureau of Land Management Instruction Memorandum 2010-117 shall have no force or effect. SEC. 4025. STREAMLINED CONGRESSIONAL NOTIFICATION. Section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)) is amended in the first sentence of the matter following paragraph (4) by striking `at least thirty days in advance of the reinstatement' and inserting `in an annual report'. PART II--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM SEC. 4031. PERMIT TO DRILL APPLICATION TIMELINE. Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by striking paragraph (2) and inserting the following: `(2) APPLICATIONS FOR PERMITS TO DRILL REFORM AND PROCESS- `(A) IN GENERAL- Not later than the end of the 30-day period beginning on the date an application for a permit to drill is received by the Secretary, the Secretary shall decide whether to issue the permit. `(B) EXTENSION- `(i) IN GENERAL- The Secretary may extend the period described in subparagraph (A) for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. `(ii) NOTICE- The notice shall-- `(I) be in the form of a letter from the Secretary or a designee of the Secretary; and `(II) include-- `(aa) the names and titles of the persons processing the application; `(bb) the specific reasons for the delay; and `(cc) a specific date a final decision on the application is expected. `(C) NOTICE OF REASONS FOR DENIAL- If the application is denied, the Secretary shall provide the applicant-- `(i) a written statement that provides clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and `(ii) an opportunity to remedy any deficiencies. `(D) APPLICATION DEEMED APPROVED- `(i) IN GENERAL- Except as provided in clause (ii), if the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application shall be considered approved. `(ii) EXCEPTIONS- Clause (i) shall not apply in cases in which existing reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are incomplete. `(E) DENIAL OF PERMIT- If the Secretary decides not to issue a permit to drill under this paragraph, the Secretary shall-- `(i) provide to the applicant a description of the reasons for the denial of the permit; `(ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and `(iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary. `(F) FEE- `(i) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). `(ii) RESUBMITTED APPLICATION- The fee required under clause (i) shall not apply to any resubmitted application. `(iii) TREATMENT OF PERMIT PROCESSING FEE- Subject to appropriation, of all fees collected under this paragraph for each fiscal year, 50 percent shall be-- `(I) transferred to the field office at which the fees are collected; and `(II) used to process protests, leases, and permits under this Act.'. SEC. 4032. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM. Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) (as amended by section 4031) is amended by adding at the end the following: `(4) PROTEST FEE- `(A) IN GENERAL- The Secretary shall collect a $5,000 documentation fee to accompany each administrative protest for a lease, right-of-way, or application for a permit to drill. `(B) TREATMENT OF FEES- Subject to appropriation, of all fees collected under this paragraph for each fiscal year, 50 percent shall-- `(i) remain in the field office at which the fees are collected; and `(ii) be used to process protests.'. SEC. 4033. IMPROVED FEDERAL ENERGY PERMIT COORDINATION. (a) Definitions- In this section: (1) ENERGY PROJECT- The term `energy project' includes any oil, natural gas, coal, or other energy project, as defined by the Secretary. (2) PROJECT- The term `Project' means the Federal Permit Streamlining Project established under subsection (b). (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. (b) Establishment- The Secretary shall establish a Federal Permit Streamlining Project in each Bureau of Land Management field office with responsibility for permitting energy projects on Federal land. (c) Memorandum of Understanding- (1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of carrying out this section with-- (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Chief of Engineers. (2) STATE PARTICIPATION- The Secretary may request that the Governor of any State with energy projects on Federal land to be a signatory to the memorandum of understanding. (d) Designation of Qualified Staff- (1) IN GENERAL- Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (c), each Federal signatory party shall, if appropriate, assign to each Bureau of Land Management field office an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in-- (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536); (B) permits under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); (C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.); (D) planning under the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) DUTIES- Each employee assigned under paragraph (1) shall-- (A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the energy projects that arise under the authorities of the home agency of the employee; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal land. (e) Additional Personnel- The Secretary shall assign to each Bureau of Land Management field office described in subsection (b) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field office, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (f) Funding- Funding for the additional personnel shall come from the Department of the Interior reforms under paragraph (2) of section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) (as amended by section 4031 and section 4032). (g) Savings Provision- Nothing in this section affects-- (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency any employee of which is participating in the Project. SEC. 4034. ADMINISTRATION. Notwithstanding any other provision of law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942). PART III--OIL SHALE SEC. 4041. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISION. (a) Regulations- (1) IN GENERAL- Notwithstanding any other provision of law (including regulations), the final regulations regarding oil shale management published by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69414), shall be considered to satisfy all legal and procedural requirements under any law, including-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) IMPLEMENTATION- The Secretary of the Interior shall implement the regulations described in paragraph (1) (including the oil shale leasing program authorized by the regulations) without any other administrative action necessary. (b) Amendments to Resource Management Plans and Record of Decision- (1) IN GENERAL- Notwithstanding any other provision of law (including regulations) to the contrary, the Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and the Final Programmatic Environmental Impact Statement of the Bureau of Land Management, as in effect on November 17, 2008, shall be considered to satisfy all legal and procedural requirements under any law, including-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) IMPLEMENTATION- The Secretary of the Interior shall implement the oil shale leasing program authorized by the regulations described in paragraph (1) in those areas covered by the resource management plans covered by the amendments, and covered by the record of decision, described in paragraph (1) without any other administrative action necessary. SEC. 4042. OIL SHALE LEASING. (a) Additional Research and Development Lease Sales- Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall hold a lease sale offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 2611). (b) Commercial Lease Sales- (1) IN GENERAL- Not later than January 1, 2016, the Secretary of the Interior shall hold not less than 5 separate commercial lease sales in areas considered to have the most potential for oil shale development, as determined by the Secretary, in areas nominated through public comment. (2) ADMINISTRATION- Each lease sale shall be-- (A) for an area of not less than 25,000 acres; and (B) in multiple lease blocs. PART IV--NATIONAL PETROLEUM RESERVE IN ALASKA ACCESS SEC. 4051. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE NATIONAL PETROLEUM RESERVE IN ALASKA. It is the sense of Congress that-- (1) the National Petroleum Reserve in Alaska remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; and (2) accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve. SEC. 4052. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES. Section 107 of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a) is amended by striking subsection (a) and inserting the following: `(a) In General- The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the Reserve-- `(1) in accordance with this Act; and `(2) that shall include at least 1 lease sale annually in the areas of the Reserve most likely to produce commercial quantities of oil and natural gas for each of calendar years 2014 through 2023.'. SEC. 4053. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND PERMITTING PIPELINE AND ROAD CONSTRUCTION. (a) In General- Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall facilitate and ensure permits, in a timely and environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary-- (1) to develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; and (2) to transport oil and gas from and through the National Petroleum Reserve in Alaska in the most direct manner possible to existing transportation or processing infrastructure on the North Slope of Alaska. (b) Timeline- The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline: (1) Permits for the construction described in subsection (a) for transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary has issued a permit to drill shall be approved not later than 60 days after the date of enactment of this Act. (2) Permits for the construction described in subsection (a) for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved not later than 180 days after the date on which a request for a permit to drill is submitted to the Secretary. (c) Plan- To ensure timely future development of the National Petroleum Reserve in Alaska, not later than 270 days after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the Reserve are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve. SEC. 4054. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND ENVIRONMENTAL IMPACT STATEMENT. (a) Issuance of New Integrated Activity Plan- Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall issue-- (1) a new proposed integrated activity plan from among the nonadopted alternatives in the National Petroleum Reserve Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013; and (2) an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the National Petroleum Reserve-Alaska to promote efficient and maximum development of oil and natural gas resources of the Reserve. (b) Nullification of Existing Record of Decision, IAP, and EIS- Except as provided in subsection (a), the National Petroleum Reserve-Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013, including the integrated activity plan and environmental impact statement referred to in that record of decision, shall have no force or effect. SEC. 4055. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT. The Secretary of the Interior shall promulgate regulations not later than 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve-Alaska. SEC. 4056. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY PLAN. At a minimum, the new proposed integrated activity plan issued under section 4054(a)(1) shall-- (1) require the Department of the Interior to respond within 5 business days to a person who submits an application for a permit for development of oil and natural gas leases in the National Petroleum Reserve-Alaska acknowledging receipt of the application; and (2) establish a timeline for the processing of each application that-- (A) specifies deadlines for decisions and actions on permit applications; and (B) provides that the period for issuing a permit after the date on which the application is submitted shall not exceed 60 days without the concurrence of the applicant. SEC. 4057. UPDATED RESOURCE ASSESSMENT. (a) In General- The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the National Petroleum Reserve in Alaska, including all conventional and unconventional oil and natural gas. (b) Cooperation and Consultation- The assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists. (c) Timing- The assessment required by subsection (a) shall be completed not later than 2 years after the date of enactment of this Act. (d) Funding- In carrying out this section, the United States Geological Survey may cooperatively use resources and funds provided by the State of Alaska. PART V--MISCELLANEOUS PROVISIONS SEC. 4061. SANCTIONS. Nothing in this title authorizes the issuance of a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) to any person designated for the imposition of sanctions pursuant to-- (1) the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (22 U.S.C. 2151 note; Public Law 108-175); (2) the Comprehensive Iran Sanctions, Accountability, and Divestiture Act of 2010 (22 U.S.C. 8501 et seq.); (3) section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a); (4) the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.); (5) the Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.); (6) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note; Public Law 104-172); (7) Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); (8) Executive Order 13338 (50 U.S.C. 1701 note; relating to blocking property of certain persons and prohibiting the export of certain goods to Syria); (9) Executive Order 13622 (50 U.S.C. 1701 note; relating to authorizing additional sanctions with respect to Iran); (10) Executive Order 13628 (50 U.S.C. 1701 note; relating to authorizing additional sanctions with respect to Iran); or (11) Executive Order 13645 (50 U.S.C. 1701 note; relating to authorizing additional sanctions with respect to Iran). SEC. 4062. INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES. (a) Authorization- Section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)) is amended-- (1) in subparagraph (A), in the third sentence, by inserting `, except as provided in subparagraph (C)' after `by oral bidding'; and (2) by adding at the end the following: `(C) Internet-Based Bidding- `(i) IN GENERAL- In order to diversify and expand the onshore leasing program of the United States to ensure the best return to the Federal taxpayer, reduce fraud, and secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods. `(ii) CONCLUSION- Each individual Internet-based lease sale shall conclude not later than 7 days after the date on which the sale begins.'. (b) Report- Not later than 90 days after the date on which the tenth Internet-based lease sale conducted under the amendment made by subsection (a) concludes, the Secretary of the Interior shall analyze the first 10 Internet-based lease sales and report to Congress the findings of the analysis, including-- (1) estimates on increases or decreases in Internet-based lease sales, compared to sales conducted by oral bidding, in-- (A) the number of bidders; (B) the average amount of bid; (C) the highest amount bid; and (D) the lowest bid; (2) an estimate on the total cost or savings to the Department of the Interior as a result of Internet-based lease sales, compared to sales conducted by oral bidding; and (3) an evaluation of the demonstrated or expected effectiveness of different structures for lease sales which may provide an opportunity to better-- (A) maximize bidder participation; (B) ensure the highest return to the Federal taxpayers; (C) minimize opportunities for fraud or collusion; and (D) ensure the security and integrity of the leasing process. PART VI--JUDICIAL REVIEW SEC. 4071. DEFINITIONS. In this part: (1) COVERED CIVIL ACTION- The term `covered civil action' means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal land. (2) COVERED ENERGY PROJECT- (A) IN GENERAL- The term `covered energy project' means-- (i) the leasing of Federal land for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy; and (ii) any action under the lease. (B) EXCLUSION- The term `covered energy project' does not include any dispute between the parties to a lease regarding the obligations under the lease, including any alleged breach of the lease. SEC. 4072. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED ENERGY PROJECTS. Venue for any covered civil action shall lie in the United States district court in which the covered energy project or lease exists or is proposed. SEC. 4073. TIMELY FILING. To ensure timely redress by the courts, a covered civil action shall be filed not later than the end of the 90-day period beginning on the date of the final Federal agency action to which the covered civil action relates. SEC. 4074. EXPEDITION IN HEARING AND DETERMINING THE ACTION. The court shall endeavor to hear and determine any covered civil action as expeditiously as practicable. SEC. 4075. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF. (a) In General- In a covered civil action, a court shall not grant or approve any prospective relief unless the court finds that the relief-- (1) is narrowly drawn; (2) extends no further than necessary to correct the violation of a legal requirement; and (3) is the least intrusive means necessary to correct the violation. (b) Duration- (1) IN GENERAL- A court shall limit the duration of preliminary injunctions to halt covered energy projects to not more than 60 days, unless the court finds clear reasons to extend the injunction. (2) ADMINISTRATION- In the case of an extension, the extension shall-- (A) only be in 30-day increments; and (B) require action by the court to renew the injunction. SEC. 4076. LIMITATION ON ATTORNEYS' FEES AND COURT COSTS. (a) In General- Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the `Equal Access to Justice Act'), shall not apply to a covered civil action. (b) Court Costs- A party to a covered civil action shall not receive payment from the Federal Government for the attorneys' fees, expenses, or other court costs incurred by the party. SEC. 4077. LEGAL STANDING. A challenger that files an appeal with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as a challenger before a United States district court. TITLE V--ADDITIONAL ONSHORE RESOURCESSubtitle A--Leasing Program for Land Within Coastal Plain 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. SEC. 5002. DEFINITIONS. In this subtitle: (1) COASTAL PLAIN- The term `Coastal Plain' means the area described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) PEER REVIEWED- The term `peer reviewed' means reviewed-- (A) 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 (B) 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. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 5003. LEASING PROGRAM FOR LAND ON THE COASTAL PLAIN. (a) In General- The Secretary shall-- (1) 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 (2) 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. (b) Repeal of Existing Restriction- (1) REPEAL- Section 1003 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3143) is repealed. (2) 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. (c) Compliance With Requirements Under Certain Other Laws- (1) 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. (2) 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. (3) COMPLIANCE WITH NEPA FOR OTHER ACTIONS- (A) 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). (B) NONLEASING ALTERNATIVES NOT REQUIRED- Notwithstanding any other provision of law, in preparing the environmental impact statement under subparagraph (A), the Secretary-- (i) shall-- (I) only identify a preferred action for leasing and a single leasing alternative; and (II) analyze the environmental effects and potential mitigation measures for those 2 alternatives; and (ii) is not required-- (I) to identify nonleasing alternative courses of action; or (II) to analyze the environmental effects of nonleasing alternative courses of action. (C) 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. (D) PUBLIC COMMENT- The Secretary shall only consider public comments that-- (i) specifically address the preferred action of the Secretary; and (ii) are filed not later than 20 days after the date on which the environmental analysis is published. (E) 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. (d) Relationship to State and Local Authority- Nothing in this subtitle expands or limits State or local regulatory authority. (e) Special Areas- (1) 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. (2) SADLEROCHIT SPRING AREA- The Secretary shall designate the Sadlerochit Spring area, consisting of approximately 4,000 acres, as a Special Area. (3) 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. (4) EXCLUSION FROM LEASING OR SURFACE OCCUPANCY- (A) IN GENERAL- The Secretary may exclude any Special Area from leasing. (B) 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. (5) 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. (f) 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. (g) Regulations- (1) 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. (2) 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. (a) 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.). (b) Procedures- The Secretary shall, by regulation and not later than 180 days after the date of enactment of this Act, establish procedures for-- (1) receipt and consideration of sealed nominations for any area of the Coastal Plain for inclusion in, or exclusion from, a lease sale; (2) the holding of lease sales after the nomination process; and (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (c) 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. (d) Sale Acreages and Schedule- The Secretary shall-- (1) offer for lease under this subtitle-- (A) 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 (B)(i) not fewer than 50,000 acres by not later than 22 months after the date of the enactment of this Act; and (ii) not fewer than an additional 50,000 acres at 6-, 12-, and 18-month intervals following the initial offering under subclause (i); (2) 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 (3) 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. (a) 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. (b) 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-- (1) 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; (2) 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; (3) 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; (4) 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; (5) 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; (6) 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); (7) 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 (8) 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. (a) 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-- (1) 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; (2) 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 (3) 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. (b) Site-Specific Assessment and Mitigation- With respect to any proposed drilling and related activities, the Secretary shall require that-- (1) 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; (2) 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 (3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan. (c) 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. (d) 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: (1) 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. (2) 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. (3) That exploration activities, except for surface geological studies-- (A) be limited to the period between approximately November 1 and May 1 each year; and (B) 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. (4) Design safety and construction standards for all pipelines and any access and service roads, that minimize, to the maximum extent practicable, adverse effects on-- (A) the passage of migratory species such as caribou; and (B) the flow of surface water by requiring the use of culverts, bridges, and other structural devices. (5) Prohibitions on general public access and use on all pipeline access and service roads. (6) 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. (7) Appropriate prohibitions or restrictions on access by all modes of transportation. (8) Appropriate prohibitions or restrictions on sand and gravel extraction. (9) Consolidation of facility siting. (10) Appropriate prohibitions or restrictions on the use of explosives. (11) 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. (12) Avoidance or minimization of air traffic-related disturbance to fish and wildlife. (13) 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). (14) Fuel storage and oil spill contingency planning. (15) Research, monitoring, and reporting requirements. (16) Field crew environmental briefings. (17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users. (18) Compliance with applicable air and water quality standards. (19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited. (20) Reasonable stipulations for protection of cultural and archeological resources. (21) All other protective environmental stipulations, restrictions, terms, and conditions determined necessary by the Secretary. (e) Considerations- In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider-- (1) 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; (2) 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 (3) 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. (f) Facility Consolidation Planning- (1) 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. (2) OBJECTIVES- The plan shall have the following objectives: (A) Avoiding unnecessary duplication of facilities and activities. (B) Encouraging consolidation of common facilities and activities. (C) 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. (D) Using existing facilities wherever practicable. (E) Enhancing compatibility between wildlife values and development activities. (g) Access to Public Land- The Secretary shall-- (1) 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 (2) ensure that local residents shall have reasonable access to public land in the Coastal Plain for traditional uses. SEC. 5008. EXPEDITED JUDICIAL REVIEW. (a) Filing of Complaint- (1) DEADLINE- Subject to paragraph (2), any complaint seeking judicial review of-- (A) any provision of this subtitle shall be filed by not later than 1 year after the date of enactment of this Act; or (B) any action of the Secretary under this subtitle shall be filed-- (i) except as provided in clause (ii), during the 90-day period beginning on the date on which the action is challenged; or (ii) 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. (2) 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. (3) LIMITATION ON SCOPE OF CERTAIN REVIEW- (A) IN GENERAL- Judicial review of a decision by the Secretary to conduct a lease sale under this subtitle, including an environmental analysis, shall be-- (i) limited to whether the Secretary has complied with this subtitle; and (ii) based on the administrative record of that decision. (B) 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. (b) 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. (c) Limitation on Attorneys' Fees and Court Costs- (1) 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. (2) 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. (a) 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-- (1) 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 (2) 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). (b) 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. (c) 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-- (1) 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 (2) 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. Subtitle B--Native American Energy SEC. 5021. FINDINGS. Congress finds that-- (1) the Federal Government has unreasonably interfered with the efforts of Indian tribes to develop energy resources on tribal land; and (2) 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. (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 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).'. (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. 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-- (1) in the matter preceding paragraph (1) by inserting `(a) In General- ' before `The Congress authorizes'; and (2) 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. (a) Definitions- In this section: (1) AGENCY ACTION- The term `agency action' has the meaning given the term in section 551 of title 5, United States Code. (2) ENERGY RELATED ACTION- The term `energy-related action' means a civil action that-- (A) is filed on or after the date of enactment of this Act; and (B) seeks judicial review of a final agency action relating to the issuance of a permit, license, or other form of agency permission allowing-- (i) 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 (ii) 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. (3) INDIAN LAND- (A) 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). (B) 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.). (4) ULTIMATELY PREVAIL- (A) 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. (B) 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. (b) Time for Filing Complaint- (1) 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. (2) PROHIBITION- Any energy related action that is not filed within the time period described in paragraph (1) shall be barred. (c) District Court Venue and Deadline- An energy related action-- (1) may only 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 the energy related action is filed. (d) Appellate Review- An interlocutory order or final judgment, decree or order of the district court in an energy related action-- (1) may be appealed to the United States Court of Appeals for the District of Columbia Circuit; and (2) 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. (e) 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. (f) Limitation on Attorneys' Fees and Court Costs- (1) 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. (2) 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-- (1) by striking `, except a lease for' and inserting `, including leases for'; (2) in subparagraph (A), by striking `25 years, except' and all that follows through `; and' 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 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. Subtitle C--Additional Regulatory Provisions PART 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. (a) Definition of Federal Land- In this section, the term `Federal land' means-- (1) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)); (2) National Forest System land; (3) land under the jurisdiction of the Bureau of Reclamation; and (4) land under the jurisdiction of the Corps of Engineers. (b) State Authority- (1) 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. (2) 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. PART 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. (a) 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. (b) 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. TITLE VI--IMPROVING AMERICA'S DOMESTIC REFINING CAPACITYSubtitle A--Refinery Permitting Reform SEC. 6001. FINDING. Congress finds that the domestic refining industry is an important source of jobs and economic growth and whose growth should not be limited by an excessively drawn out permitting and approval process. SEC. 6002. DEFINITIONS. In this subtitle: (1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Environmental Protection Agency. (2) EXPANSION- The term `expansion' means a physical change that results in an increase in the capacity of a refinery. (3) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (4) PERMIT- The term `permit' means any permit, license, approval, variance, or other form of authorization that a refiner is required to obtain-- (A) under any Federal law; or (B) from a State or tribal government agency delegated authority by the Federal Government, or authorized under Federal law, to issue permits. (5) REFINER- The term `refiner' means a person that-- (A) owns or operates a refinery; or (B) seeks to become an owner or operator of a refinery. (6) REFINERY- (A) IN GENERAL- The term `refinery' means-- (i) a facility at which crude oil is refined into transportation fuel or other petroleum products; and (ii) a coal liquification or coal-to-liquid facility at which coal is processed into synthetic crude oil or any other fuel. (B) INCLUSION- The term `refinery' includes an expansion of a refinery. (7) REFINERY PERMITTING AGREEMENT- The term `refinery permitting agreement' means an agreement entered into between the Administrator and a State or Indian tribe under subsection (c). (8) STATE- The term `State' means-- (A) a State; and (B) the District of Columbia. SEC. 6003. STREAMLINING OF REFINERY PERMITTING PROCESS. (a) In General- At the request of the Governor of a State or the governing body of an Indian tribe, the Administrator shall enter into a refinery permitting agreement with the State or Indian tribe under which the process for obtaining all permits necessary for the construction and operation of a refinery shall be streamlined using a systematic, interdisciplinary multimedia approach, as provided in this section. (b) Authority of Administrator- Under a refinery permitting agreement, the Administrator shall have the authority, as applicable and necessary-- (1) to accept from a refiner a consolidated application for all permits that the refiner is required to obtain to construct and operate a refinery; (2) in consultation and cooperation with each Federal, State, or tribal government agency that is required to make any determination to authorize the issuance of a permit, to establish a schedule under which each agency shall-- (A) concurrently consider, to the maximum extent practicable, each determination to be made; and (B) complete each step in the permitting process; and (3) to issue a consolidated permit that combines all permits issued under the schedule established under paragraph (2). (c) Refinery Permitting Agreements- Under a refinery permitting agreement, a State or governing body of an Indian tribe shall agree that-- (1) the Administrator shall have each of the authorities described in subsection (b); and (2) the State or tribal government agency shall-- (A) in accordance with State law, make such structural and operational changes in the agencies as are necessary to enable the agencies to carry out consolidated, project-wide permit reviews concurrently and in coordination with the Environmental Protection Agency and other Federal agencies; and (B) comply, to the maximum extent practicable, with the applicable schedule established under subsection (b)(2). (d) Deadlines- (1) NEW REFINERIES- In the case of a consolidated permit for the construction of a new refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than-- (A) 365 days after the date of receipt of an administratively complete application for the consolidated permit; or (B) on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 90 days after the expiration of the deadline described in subparagraph (A). (2) EXPANSION OF EXISTING REFINERIES- In the case of a consolidated permit for the expansion of an existing refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than-- (A) 120 days after the date of receipt of an administratively complete application for the consolidated permit; or (B) on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 30 days after the expiration of the deadline described in subparagraph (A). (e) Federal Agencies- Each Federal agency that is required to make any determination to authorize the issuance of a permit shall comply with the applicable schedule established under subsection (b)(2). (f) Judicial Review- Any civil action for review of a permit determination under a refinery permitting agreement shall be brought exclusively in the United States district court for the district in which the refinery is located or proposed to be located. (g) Efficient Permit Review- In order to reduce the duplication of procedures, the Administrator shall use State permitting and monitoring procedures to satisfy substantially equivalent Federal requirements under this subtitle. (h) Severability- If 1 or more permits that are required for the construction or operation of a refinery are not approved on or before an applicable deadline under subsection (d), the Administrator may issue a consolidated permit that combines all other permits that the refiner is required to obtain, other than any permits that are not approved. (i) Consultation With Local Governments- The Administrator, States, and tribal governments shall consult, to the maximum extent practicable, with local governments in carrying out this section. (j) Effect of Section- Nothing in this section affects-- (1) the operation or implementation of any otherwise applicable law regarding permits necessary for the construction and operation of a refinery; (2) the authority of any unit of local government with respect to the issuance of permits; or (3) any requirement or ordinance of a local government (such as a zoning regulation). Subtitle B--Repeal of Renewable Fuel Standard SEC. 6011. FINDINGS. Congress finds that the mandates under the renewable fuel standard contained in section 211(o) of the Clean Air Act (42 U.S.C. 7545(o))-- (1) impose significant costs on American citizens and the American economy, without offering any benefit; and (2) should be repealed. SEC. 6012. PHASE OUT OF RENEWABLE FUEL STANDARD. (a) In General- Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) by striking clause (ii); and (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; and (B) in subparagraph (B), by striking clauses (ii) through (v) and inserting the following: `(ii) CALENDAR YEARS 2014 THROUGH 2018- Notwithstanding clause (i), for purposes of subparagraph (A), the applicable volumes of renewable fuel for each of calendar years 2014 through 2018 shall be determined as follows: `(I) For calendar year 2014, in accordance with the table entitled `I-2--Proposed 2014 Volume Requirements' of the proposed rule published at pages 71732 through 71784 of volume 78 of the Federal Register (November 29, 2013). `(II) For calendar year 2015, the applicable volumes established under subclause (I), reduced by 20 percent. `(III) For calendar year 2016, the applicable volumes established under subclause (I), reduced by 40 percent. `(IV) For calendar year 2017, the applicable volumes established under subclause (I), reduced by 60 percent. `(V) For calendar year 2018, the applicable volumes established under subclause (I), reduced by 80 percent.'; (2) in paragraph (3)-- (A) by striking `2021' and inserting `2017' each place it appears; and (B) in subparagraph (B)(i), by inserting `, subject to the condition that the renewable fuel obligation determined for a calendar year is not more than the applicable volumes established under paragraph (2)(B)(ii)' before the period; and (3) by adding at the end the following: `(13) SUNSET- The program established under this subsection shall terminate on December 31, 2018.'. (b) Regulations- Effective beginning on January 1, 2019, the regulations contained in subparts K and M of part 80 of title 40, Code of Federal Regulations (as in effect on that date of enactment), shall have no force or effect. TITLE VII--STOPPING EPA OVERREACH SEC. 7001. FINDINGS. Congress finds that-- (1) the Environmental Protection Agency has exceeded its statutory authority by promulgating regulations that were not contemplated by Congress in the authorizing language of the statutes enacted by Congress; (2) no Federal agency has the authority to regulate greenhouse gases under current law; and (3) no attempt to regulate greenhouse gases should be undertaken without further Congressional action. SEC. 7002. CLARIFICATION OF FEDERAL REGULATORY AUTHORITY TO EXCLUDE GREENHOUSE GASES FROM REGULATION UNDER THE CLEAN AIR ACT. (a) Repeal of Federal Climate Change Regulation- (1) GREENHOUSE GAS REGULATION UNDER CLEAN AIR ACT- Section 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is amended-- (A) by striking `(g) The term' and inserting the following: `(g) Air Pollutant- `(1) IN GENERAL- The term'; and (B) by adding at the end the following: `(2) EXCLUSION- The term `air pollutant' does not include carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.'. (2) NO REGULATION OF CLIMATE CHANGE- Notwithstanding any other provision of law, nothing in any of the following Acts or any other law authorizes or requires the regulation of climate change or global warming: (A) The Clean Air Act (42 U.S.C. 7401 et seq.). (B) The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (C) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (D) The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (E) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (b) Effect on Proposed Rules of the EPA- In accordance with this section, the following proposed or contemplated rules (or any similar or successor rules) of the Environmental Protection Agency shall be void and have no force or effect: (1) The proposed rule entitled `Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units' (published at 79 Fed. Reg. 1430 (January 8, 2014)). (2) The contemplated rules on carbon pollution for existing power plants. (3) Any other contemplated or proposed rules proposed to be issued pursuant to the purported authority described in subsection (a)(2). SEC. 7003. JOBS ANALYSIS FOR ALL EPA REGULATIONS. (a) In General- Before proposing or finalizing any regulation, rule, or policy, the Administrator of the Environmental Protection Agency shall provide an analysis of the regulation, rule, or policy and describe the direct and indirect net and gross impact of the regulation, rule, or policy on employment in the United States. (b) Limitation- No regulation, rule, or policy described in subsection (a) shall take effect if the regulation, rule, or policy has a negative impact on employment in the United States unless the regulation, rule, or policy is approved by Congress and signed by the President. TITLE VIII--DEBT FREEDOM FUND SEC. 8001. FINDINGS. Congress finds that-- (1) the national debt being over $17,000,000,000,000 in 2014-- (A) threatens the current and future prosperity of the United States; (B) undermines the national security interests of the United States; and (C) imposes a burden on future generations of United States citizens; and (2) revenue generated from the development of the natural resources in the United States should be used to reduce the national debt. SEC. 8002. DEBT FREEDOM FUND. Notwithstanding any other provision of law, in accordance with all revenue sharing arrangement with States in effect on the date of enactment of this Act, an amount equal to the additional amount of Federal funds generated by the programs and activities under this Act (and the amendments made by this Act)-- (1) shall be deposited in a special trust fund account in the Treasury, to be known as the `Debt Freedom Fund'; and (2) shall not be withdrawn for any purpose other than to pay down the national debt of the United States, for which purpose payments shall be made expeditiously.
H.Res.2166 Jan-28-14
STATUS: May 23, 2013.--Referred to House Committee on Natural Resources January 27, 2014.--On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 394 - 0 January 28, 2014.--Introduced. July 30, 2014.--Hearing by subcommittee. (59) H.R.2166 Good Samaritan Search and Recovery Act (Referred in Senate - RFS) HR 2166 RFS 113th CONGRESS2d Session H. R. 2166IN THE SENATE OF THE UNITED STATESJanuary 28, 2014 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To direct the Secretary of the Interior and Secretary of Agriculture to expedite access to certain Federal lands under the administrative jurisdiction of each Secretary for good Samaritan search-and-recovery missions, 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 `Good Samaritan Search and Recovery Act'. SEC. 2. EXPEDITED ACCESS TO CERTAIN FEDERAL LANDS. (a) In General- The Secretary shall develop and implement a process to expedite access to Federal lands under the administrative jurisdiction of the Secretary for eligible organizations and eligible individuals to request access to Federal lands to conduct good Samaritan search-and-recovery missions. The process developed and implemented pursuant to this subsection shall include provisions that clarify that-- (1) an eligible organization or eligible individual granted access under this section shall be acting for private purposes and shall not be considered a Federal volunteer; (2) an eligible organization or eligible individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered a volunteer under section 3 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18i); (3) the Federal Torts Claim Act shall not apply to an eligible organization or eligible individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and (4) the Federal Employee Compensation Act shall not apply to an eligible organization or eligible individual conducting good Samaritan search-and-recovery mission under this section and such activities shall not constitute civilian employment. (b) Release of the Federal Government From Liability- The Secretary shall not require an eligible organization or an eligible individual to have liability insurance as a condition of accessing Federal lands under this section if the eligible organization or eligible individual-- (1) acknowledges and consents, in writing, to the provisions listed in paragraphs (1) through (4) of subsection (a); and (2) signs a waiver releasing the Federal Government from all liability related to the access granted under this section. (c) Approval and Denial of Requests- (1) IN GENERAL- The Secretary shall notify an eligible organization and eligible individual of the approval or denial of a request by that eligible organization and eligible individual to carry out a good Samaritan search-and-recovery mission under this section not more than 48 hours after the request is made. (2) DENIALS- If the Secretary denies a request from an eligible organization or eligible individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or eligible individual of-- (A) the reason for the denial request; and (B) any actions that eligible organization or eligible individual can take to meet the requirements for the request to be approved. (d) Partnerships- The Secretary shall develop search-and-recovery focused partnerships with search-and-recovery organizations to-- (1) coordinate good Samaritan search-and-recovery missions on Federal lands under the administrative jurisdiction of the Secretary; and (2) expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary. (e) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a joint report to Congress describing-- (1) plans to develop partnerships described in subsection (d)(1); and (2) efforts being taken to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary pursuant to subsection (d)(2). (f) Definitions- For the purposes of this section, the following definitions apply: (1) ELIGIBLE ORGANIZATION AND ELIGIBLE INDIVIDUAL- The terms `eligible organization' and `eligible individual' means an organization or individual, respectively, that-- (A) is acting in a not-for-profit capacity; and (B) is certificated in training that meets or exceeds standards established by the American Society for Testing and Materials. (2) GOOD SAMARITAN SEARCH-AND-RECOVERY MISSION- The term `good Samaritan search-and-recovery mission' means a search for one or more missing individuals believed to be deceased at the time that the search is initiated. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. Passed the House of Representatives January 27, 2014. Attest: KAREN L. HAAS, Clerk.
S.2165 Mar-27-14
STATUS: March 27, 2014.--Introduced. S.2165 E-Access Act (Introduced in Senate - IS) S 2165 IS 113th CONGRESS2d SessionS. 2165 To enhance consumer access to electricity information and allow for the adoption of innovative products and services to help consumers manage their energy usage. IN THE SENATE OF THE UNITED STATESMarch 27, 2014 Mr. UDALL of Colorado (for himself and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To enhance consumer access to electricity information and allow for the adoption of innovative products and services to help consumers manage their energy usage. 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 `Access to Consumer Energy Information Act' or the `E-Access Act'. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term `Secretary' means the Secretary of Energy. SEC. 3. CONSUMER ACCESS TO ELECTRIC ENERGY INFORMATION. (a) In General- The Secretary shall encourage and support the adoption of policies that allow electricity consumers access to their own electricity data. (b) Eligibility for State Energy Plans- Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended-- (1) in paragraph (16), by striking `and' after the semicolon at the end; (2) by redesignating paragraph (17) as paragraph (18); and (3) by inserting after paragraph (16) the following: `(17) programs-- `(A) to enhance consumer access to and understanding of energy usage and price information, including consumers' own residential and commercial electricity information; and `(B) to allow for the development and adoption of innovative products and services to assist consumers in managing energy consumption and expenditures; and'. (c) Voluntary Guidelines for Electric Consumer Access- (1) DEFINITIONS- In this subsection: (A) RETAIL ELECTRIC ENERGY INFORMATION- The term `retail electric energy information' means-- (i) the electric energy consumption of an electric consumer over a defined time period; (ii) the retail electric energy prices or rates applied to the electricity usage for the defined time period described in clause (i) for the electric consumer; (iii) the estimated cost of service by the consumer, including (if smart meter usage information is available) the estimated cost of service since the last billing cycle of the consumer; and (iv) in the case of nonresidential electric meters, any other electrical information that the meter is programmed to record (such as demand measured in kilowatts, voltage, frequency, current, and power factor). (B) SMART METER- The term `smart meter' means the device used by an electric utility that-- (i)(I) measures electric energy consumption by an electric consumer at the home or facility of the electric consumer in intervals of 1 hour or less; and (II) is capable of sending electric energy usage information through a communications network to the electric utility; or (ii) meets the guidelines issued under paragraph (2). (2) VOLUNTARY GUIDELINES FOR ELECTRIC CONSUMER ACCESS- (A) IN GENERAL- Not later than 180 days after the date of enactment of this Act, subject to subparagraph (B), the Secretary shall issue voluntary guidelines that establish model standards for implementation of retail electric energy information access in States. (B) CONSULTATION- Before issuing the voluntary guidelines, the Secretary shall-- (i) consult with-- (I) State and local regulatory authorities, including the National Association of Regulatory Utility Commissioners; (II) other appropriate Federal agencies, including the National Institute of Standards and Technology; (III) consumer and privacy advocacy groups; (IV) utilities; (V) the National Association of State Energy Officials; and (VI) other appropriate entities, including groups representing commercial and residential building owners and groups that represent demand response and electricity data devices and services; and (ii) provide notice and opportunity for comment. (C) STATE AND LOCAL REGULATORY ACTION- In issuing the voluntary guidelines, the Secretary shall, to the maximum extent practicable, be guided by actions taken by State and local regulatory authorities to ensure electric consumer access to retail electric energy information, including actions taken after consideration of the standard established under section 111(d)(17) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)(17)). (D) CONTENTS- (i) IN GENERAL- The voluntary guidelines shall provide guidance on issues necessary to carry out this subsection, including-- (I) the timeliness and specificity of retail electric energy information; (II) appropriate nationally recognized open standards for data; (III) the protection of data security and electric consumer privacy, including consumer consent requirements; and (IV) issues relating to access of electric energy information for owners and managers of multitenant commercial and residential buildings. (ii) INCLUSIONS- The voluntary guidelines shall include guidance that-- (I) retail electric energy information should be made available to electric consumers (and third-party designees of the electric consumers) in the United States-- (aa) in an electronic machine readable form, without additional charge, in conformity with standards developed through a voluntary, consensus-based, multistakeholder process; (bb) as timely as is reasonably practicable; (cc) at the level of specificity that the data is transmitted by the meter or as is reasonably practicable; and (dd) in a manner that provides adequate protections for the security of the information and the privacy of the electric consumer; (II) in the case of an electric consumer that is served by a smart meter that can also communicate energy usage information to a device or network of an electric consumer or a device or network of a third party authorized by the consumer, the feasibility should be considered of providing to the consumer or third-party designee, at a minimum, access to usage information (not including price information) of the consumer directly from the smart meter; (III) retail electric energy information should be provided by the electric utility of the consumer or such other entity as may be designated by the applicable electric retail regulatory authority; (IV) retail electric energy information of the consumer should be made available to the consumer through a website or other electronic access authorized by the electric consumer, for a period of at least 13 months after the date on which the usage occurred; (V) consumer access to data, including data provided to owners and managers of commercial and multifamily buildings with multiple tenants, should not interfere with or compromise the integrity, security, or privacy of the operations of a utility and the electric consumer; (VI) electric energy information relating to usage information generated by devices in or on the property of the consumer that is transmitted to the electric utility should be made available to the electric consumer or the third-party agent designated by the electric consumer; and (VII) the same privacy and security requirements applicable to the contracting utility should apply to third-party agents contracting with a utility to process the customer data of that utility. (E) REVISIONS- The Secretary shall periodically review and, as necessary, revise the voluntary guidelines to reflect changes in technology, privacy needs, and the market for electric energy and services. (d) Verification and Implementation- (1) IN GENERAL- A State may submit to the Secretary a description of the data sharing policies of the State relating to consumer access to electric energy information for certification by the Secretary that the policies meet the voluntary guidelines issued under subsection (c)(2). (2) ASSISTANCE- Subject to the availability of funds under paragraph (3), the Secretary shall make Federal amounts available to any State that has data sharing policies described in paragraph (1) that the Secretary certifies meets the voluntary guidelines issued under subsection (c)(2) to assist the State in implementing section 362(d)(17) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)(17)). (3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $10,000,000 for fiscal year 2015, to remain available until expended.
S.2158 Mar-26-14
STATUS: March 26, 2014.--Introduced. S.2158 GRID Act (Introduced in Senate - IS) S 2158 IS 113th CONGRESS2d SessionS. 2158 To amend the Federal Power Act to protect the bulk-power system and electric infrastructure critical to the defense of the United States against cybersecurity and physical and other threats and vulnerabilities. IN THE SENATE OF THE UNITED STATESMarch 26, 2014 Mr. MARKEY introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Power Act to protect the bulk-power system and electric infrastructure critical to the defense of the United States against cybersecurity and physical and other threats and vulnerabilities. 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 `Grid Reliability and Infrastructure Defense Act' or the `GRID Act'. SEC. 2. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY. (a) In General- Part II of the Federal Power Act is amended by inserting after section 215 (16 U.S.C. 824o) the following: `SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY. `(a) Definitions- In this section: `(1) BULK-POWER SYSTEM; ELECTRIC RELIABILITY ORGANIZATION; REGIONAL ENTITY- The terms `bulk-power system', `Electric Reliability Organization', and `regional entity' have the meanings given those terms in section 215(a). `(2) DEFENSE CRITICAL ELECTRIC INFRASTRUCTURE- The term `defense critical electric infrastructure' means any infrastructure located in the United States (including the territories) used for the generation, transmission, or distribution of electric energy that-- `(A) is not part of the bulk-power system; and `(B) serves a facility designated by the President pursuant to subsection (d)(1), but is not owned or operated by the owner or operator of the facility. `(3) DEFENSE CRITICAL ELECTRIC INFRASTRUCTURE VULNERABILITY- The term `defense critical electric infrastructure vulnerability' means a weakness in defense critical electric infrastructure that, in the event of-- `(A) a malicious act using electronic communication or an electromagnetic pulse, would pose a substantial risk of disruption of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of defense critical electric infrastructure; or `(B) a direct physical attack on the defense critical electric infrastructure, would pose a substantial risk of significant adverse effects on the reliability of defense critical electric infrastructure. `(4) ELECTROMAGNETIC PULSE- The term `electromagnetic pulse' means 1 or more pulses of electromagnetic energy emitted by any device or weapon capable of generating a pulse that would pose a substantial risk of disruption to the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of systems necessary for the generation, transmission, and distribution of electric energy. `(5) GEOMAGNETIC STORM- The term `geomagnetic storm' means a temporary disturbance of the magnetic field of the Earth resulting from solar activity. `(6) GRID SECURITY THREAT- The term `grid security threat' means a substantial likelihood of-- `(A)(i) a malicious act using electronic communication or an electromagnetic pulse, or a geomagnetic storm event, that could disrupt the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of the bulk-power system or of defense critical electric infrastructure; and `(ii) disruption of the operation of those devices or networks, with significant adverse effects on the reliability of the bulk-power system or of defense critical electric infrastructure, as a result of the act or event; or `(B)(i) a direct physical attack on the bulk-power system or on defense critical electric infrastructure; and `(ii) significant adverse effects on the reliability of the bulk-power system or of defense critical electric infrastructure as a result of the physical attack. `(7) GRID SECURITY VULNERABILITY- The term `grid security vulnerability' means a weakness in the bulk power system that, in the event of-- `(A) a malicious act using electronic communication or an electromagnetic pulse, would pose a substantial risk of disruption to the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of the bulk-power system; or `(B) a direct physical attack on the bulk-power system, would pose a substantial risk of significant adverse effects on the reliability of the bulk-power system. `(8) LARGE TRANSFORMER- The term `large transformer' means an electric transformer that is part of the bulk-power system. `(9) PROTECTED INFORMATION- The term `protected information' means information, other than classified national security information, designated as protected information by the Commission under subsection (e)(2)-- `(A) that was developed or submitted in connection with the implementation of this section; `(B) that specifically discusses grid security threats, grid security vulnerabilities, defense critical electric infrastructure vulnerabilities, or plans, procedures, or measures to address the threats or vulnerabilities; and `(C) the unauthorized disclosure of which could be used in a malicious manner to impair the reliability of the bulk-power system or of defense critical electric infrastructure. `(10) SECRETARY- The term `Secretary' means the Secretary of Energy. `(11) SECURITY- The term `security' does not have the definition of the term provided in section 3. `(b) Emergency Response Measures- `(1) AUTHORITY TO ADDRESS GRID SECURITY THREATS- `(A) IN GENERAL- If the President issues and provides to the Commission (either directly or through the Secretary) a written directive or determination identifying an imminent grid security threat, the Commission may, with or without notice, hearing, or report, issue such orders for emergency measures as are necessary in the judgment of the Commission to protect the reliability of the bulk-power system or of defense critical electric infrastructure against the threat. `(B) RULES OF PROCEDURE- As soon as practicable but not later than 180 days after the date of enactment of this section, the Commission shall, after notice and opportunity for comment, establish rules of procedure that ensure that the authority described in subparagraph (A) can be exercised expeditiously. `(2) NOTIFICATION OF CONGRESS- If the President issues and provides to the Commission (either directly or through the Secretary) a written directive or determination under paragraph (1), the President (or the Secretary, as the case may be) shall promptly notify congressional committees of relevant jurisdiction, including the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, of the contents of, and justification for, the directive or determination. `(3) CONSULTATION- Before issuing an order for emergency measures under paragraph (1), the Commission shall, to the extent practicable in light of the nature of the grid security threat and the urgency of the need for the emergency measures, consult with appropriate governmental authorities in Canada and Mexico, entities described in paragraph (4), the Secretary, and other appropriate Federal agencies regarding implementation of the emergency measures. `(4) APPLICATION- An order for emergency measures under this subsection may apply to-- `(A) the Electric Reliability Organization; `(B) a regional entity; or `(C) any owner, user, or operator of the bulk-power system or of defense critical electric infrastructure within the United States. `(5) DISCONTINUANCE- The Commission shall issue an order discontinuing any emergency measures ordered under this subsection, effective not later than 30 days after the earliest of the following: `(A) The date on which the President issues and provides to the Commission (either directly or through the Secretary) a written directive or determination that the grid security threat identified under paragraph (1) no longer exists. `(B) The date on which the Commission issues a written determination that the emergency measures are no longer needed to address the grid security threat identified under paragraph (1), including by means of Commission approval of a reliability standard under section 215 that the Commission determines adequately addresses the threat. `(C) The date that is 1 year after the issuance of an order under paragraph (1). `(6) COST RECOVERY- If the Commission determines that owners, operators, or users of the bulk-power system or of defense critical electric infrastructure have incurred substantial costs to comply with an order under this subsection and that the costs were prudently incurred and cannot reasonably be recovered through regulated rates or market prices for the electric energy or services sold by the owners, operators, or users, the Commission shall, after notice and an opportunity for comment, establish a mechanism that permits the owners, operators, or users to recover the costs. `(c) Measures To Address Grid Security Vulnerabilities- `(1) COMMISSION AUTHORITY- `(A) IN GENERAL- If the Commission, in consultation with appropriate Federal agencies, identifies a grid security vulnerability that the Commission determines has not adequately been addressed through a reliability standard developed and approved under section 215, the Commission shall, after notice and opportunity for comment and after consultation with the Secretary, other appropriate Federal agencies, and appropriate governmental authorities in Canada and Mexico, promulgate a rule or issue an order requiring implementation, by any owner, operator, or user of the bulk-power system in the United States, of measures to protect the bulk-power system against such vulnerability. `(B) RECOMMENDATIONS- `(i) IN GENERAL- Before promulgating a rule or issuing an order under this paragraph, the Commission shall, to the extent practicable in light of the urgency of the need for action to address the grid security vulnerability, request and consider recommendations from the Electric Reliability Organization regarding the rule or order. `(ii) DEADLINE- The Commission may establish an appropriate deadline for the submission of the recommendations. `(2) CERTAIN EXISTING CYBERSECURITY VULNERABILITIES- Not later than 180 days after the date of enactment of this section, the Commission shall, after notice and opportunity for comment and after consultation with the Secretary, other appropriate Federal agencies, and appropriate governmental authorities in Canada and Mexico, promulgate a rule or issue an order requiring the implementation, by any owner, user, or operator of the bulk-power system in the United States, of such measures as are necessary to protect the bulk-power system against the vulnerabilities identified in the communication entitled `Electricity Sector Owners and Operators', dated June 21, 2007, of the North American Electric Reliability Corporation, acting in the capacity of the Corporation as the Electricity Sector Information and Analysis Center. `(3) RESCISSION- `(A) IN GENERAL- The Commission shall approve a reliability standard developed under section 215 that addresses a grid security vulnerability that is the subject of a rule or order under paragraph (1) or (2), unless the Commission determines that the reliability standard does not adequately protect against the vulnerability or otherwise does not satisfy the requirements of section 215. `(B) RESCISSION- On such approval, the Commission shall rescind the rule promulgated or order issued under paragraph (1) or (2) addressing the vulnerability, effective on the effective date of the newly approved reliability standard. `(4) LARGE TRANSFORMER AVAILABILITY- `(A) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Commission shall, after notice and an opportunity for comment and after consultation with the Secretary and other appropriate Federal agencies, issue an order directing the Electric Reliability Organization to submit to the Commission for approval under section 215, not later than 1 year after the issuance of the order, reliability standards addressing availability of large transformers. `(B) RESTORATION OF BULK-POWER SYSTEM- The standards shall require entities that own or operate large transformers to ensure, individually or jointly, adequate availability of large transformers to promptly restore the reliable operation of the bulk-power system in the event that any such transformer is destroyed or disabled as a result of a reasonably foreseeable physical or other attack or geomagnetic storm event. `(C) BASIS FOR STANDARDS- The order of the Commission shall specify the nature and magnitude of the reasonably foreseeable attacks or events that shall provide the basis for the standards. `(D) STANDARDS- The standards shall-- `(i) provide entities subject to the standards with the option of meeting the standards individually or jointly; and `(ii) appropriately balance the risks associated with a reasonably foreseeable attack or event, including-- `(I) any regional variation in the risks; and `(II) the costs of ensuring adequate availability of spare transformers. `(d) Critical Defense Facilities- `(1) DESIGNATION- `(A) IN GENERAL- Not later than 180 days after the date of enactment of this section, the President shall designate, in a written directive or determination provided to the Commission, facilities located in the United States (including the territories) that are-- `(i) critical to the defense of the United States; and `(ii) vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider. `(B) MAXIMUM NUMBER- The number of facilities designated by the directive or determination shall not exceed 100. `(C) REVISION- The President may periodically revise the list of designated facilities through a subsequent written directive or determination provided to the Commission, except that the total number of designated facilities at any time shall not exceed 100. `(2) COMMISSION AUTHORITY- `(A) IN GENERAL- If the Commission identifies a defense critical electric infrastructure vulnerability that the Commission, in consultation with owners and operators of any 1 or more facilities designated by the President pursuant to paragraph (1), determines has not adequately been addressed through measures undertaken by owners or operators of defense critical electric infrastructure, the Commission shall, after notice and an opportunity for comment and after consultation with the Secretary and other appropriate Federal agencies, promulgate a rule or issue an order requiring implementation, by any owner or operator of defense critical electric infrastructure, of measures to protect the defense critical electric infrastructure against the vulnerability. `(B) EXEMPTIONS- `(i) IN GENERAL- The Commission shall exempt from any rule or order promulgated under subparagraph (A) any specific defense critical electric infrastructure that the Commission determines already has been adequately protected against the identified vulnerability. `(ii) CONSULTATION- The Commission shall make any determination under clause (i) in consultation with the owner or operator of the facility designated by the President pursuant to paragraph (1) that relies on the defense critical electric infrastructure. `(3) COST RECOVERY- An owner or operator of defense critical electric infrastructure shall be required to take measures under paragraph (2) only to the extent that the owners or operators of 1 or more facilities designated by the President pursuant to paragraph (1) that rely on the infrastructure agree to bear the full incremental costs of compliance with a rule promulgated or order issued under paragraph (2). `(e) Protection of Information- `(1) PROHIBITION OF PUBLIC DISCLOSURE OF PROTECTED INFORMATION- Protected information-- `(A) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and `(B) shall not be made available pursuant to any State, local, or tribal law requiring disclosure of information or records. `(2) INFORMATION SHARING- `(A) IN GENERAL- Consistent with the Controlled Unclassified Information framework established by the President, the Commission shall promulgate such regulations and issue such orders as necessary to designate protected information and to prohibit the unauthorized disclosure of the protected information. `(B) SHARING OF PROTECTED INFORMATION- `(i) IN GENERAL- The regulations promulgated and orders issued pursuant to subparagraph (A) shall provide standards for and facilitate the appropriate sharing of protected information with, between, and by Federal, State, local, and tribal authorities, the Electric Reliability Organization, regional entities, and owners, operators, and users of the bulk-power system in the United States and of defense critical electric infrastructure. `(ii) STATE COMMISSIONS- In promulgating the regulations and issuing the orders, the Commission shall take account of the role of State commissions in reviewing the prudence and cost of investments within the respective jurisdictions of the State commissions. `(iii) CANADA AND MEXICO- The Commission shall consult with appropriate Canadian and Mexican authorities to develop protocols for the sharing of protected information with, between, and by appropriate Canadian and Mexican authorities and owners, operators, and users of the bulk-power system outside the United States. `(3) SUBMISSION OF INFORMATION TO CONGRESS- Nothing in this section permits or authorizes the withholding of information from Congress, any committee or subcommittee of Congress, or the Comptroller General of the United States. `(4) DISCLOSURE OF NONPROTECTED INFORMATION- `(A) IN GENERAL- In implementing this section, the Commission shall protect from disclosure only the minimum quantity of information necessary to protect the reliability of the bulk-power system and of defense critical electric infrastructure. `(B) SEGREGATION OF PROTECTED INFORMATION- The Commission shall segregate protected information within documents and electronic communications, whenever feasible, to facilitate disclosure of information that is not designated as protected information. `(5) DURATION OF DESIGNATION- Information may not be designated as protected information for longer than 5 years, unless specifically redesignated by the Commission. `(6) REMOVAL OF DESIGNATION- The Commission may remove the designation of protected information, in whole or in part, from a document or electronic communication if the unauthorized disclosure of the information could no longer be used to impair the reliability of the bulk-power system or of defense critical electric infrastructure. `(7) JUDICIAL REVIEW OF DESIGNATIONS- `(A) IN GENERAL- Notwithstanding subsection (f) or section 313, a person or entity may seek judicial review of a determination by the Commission concerning the designation of protected information under this subsection exclusively in the district court of the United States in the district in which the complainant resides, or has a principal place of business, or in the District of Columbia. `(B) PROCEDURE- In a case described in subparagraph (A), the court-- `(i) shall determine the matter de novo; and `(ii) may examine the contents of documents or electronic communications designated as protected information in camera to determine whether the documents or any part of the documents were improperly designated as protected information. `(C) BURDEN OF PROOF- The burden shall be on the Commission to sustain the designation of the Commission. `(f) Judicial Review- `(1) IN GENERAL- The Commission shall act expeditiously to resolve all applications for rehearing of orders issued pursuant to this section that are filed under section 313(a). `(2) JURISDICTION- Any party seeking judicial review pursuant to section 313 of an order issued under this section may obtain the review only in the United States Court of Appeals for the District of Columbia Circuit. `(g) Provision of Assistance to Industry in Meeting Grid Security Protection Needs- `(1) EXPERTISE AND RESOURCES- `(A) IN GENERAL- The Secretary shall establish a program, in consultation with other appropriate Federal agencies, to develop technical expertise in the protection of systems for the generation, transmission, and distribution of electric energy against geomagnetic storms or malicious acts using electronic communications or electromagnetic pulse that would pose a substantial risk of disruption to the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of the systems. `(B) RESOURCES- The program shall include the identification and development of appropriate technical and electronic resources, including hardware, software, and system equipment. `(2) SHARING EXPERTISE- `(A) IN GENERAL- As appropriate, the Secretary shall offer to share technical expertise developed under the program under paragraph (1), through consultation and assistance, with owners, operators, or users of systems for the generation, transmission, or distribution of electric energy located in the United States and with State commissions. `(B) PRIORITY- In offering the support, the Secretary shall assign higher priority to systems serving facilities designated by the President pursuant to subsection (d)(1) and other critical-infrastructure facilities, which the Secretary shall identify in consultation with the Commission and other appropriate Federal agencies. `(3) SECURITY CLEARANCES AND COMMUNICATION- `(A) IN GENERAL- The Secretary shall facilitate and, to the extent practicable, expedite the acquisition of adequate security clearances by key personnel of any entity subject to the requirements of this section to enable optimum communication with Federal agencies regarding grid security threats, grid security vulnerabilities, and defense critical electric infrastructure vulnerabilities. `(B) ACTIONABLE INFORMATION- The Secretary, the Commission, and other appropriate Federal agencies shall, to the extent practicable and consistent with their obligations to protect classified and protected information, share timely actionable information regarding grid security threats, grid security vulnerabilities, and defense critical electric infrastructure vulnerabilities with appropriate key personnel of owners, operators, and users of the bulk-power system and of defense critical electric infrastructure. `(h) Certain Federal Entities- During the 11-year period beginning on the date of enactment of this section, the Tennessee Valley Authority and the Bonneville Power Administration shall be exempt from any requirement under subsection (b) or (c) (except for any requirement addressing a malicious act using electronic communication).'. (b) Conforming Amendments- (1) JURISDICTION- Section 201(b)(2) of the Federal Power Act (16 U.S.C. 824(b)(2)) is amended by inserting `215A,' after `215,' each place it appears. (2) PUBLIC UTILITY- Section 201(e) of the Federal Power Act (16 U.S.C. 824(e)) is amended by inserting `215A,' after `215,'.
S.2136 Mar-13-14
STATUS: March 13, 2014.--Introduced. S.2136 To ensure that oil transported through the Keystone XL pipeline into the United States is used to reduce United States dependence on Middle Eastern oil. (Introduced in Senate - IS) S 2136 IS 113th CONGRESS2d SessionS. 2136 To ensure that oil transported through the Keystone XL pipeline into the United States is used to reduce United States dependence on Middle Eastern oil. IN THE SENATE OF THE UNITED STATESMarch 13, 2014 Mr. MARKEY introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To ensure that oil transported through the Keystone XL pipeline into the United States is used to reduce United States dependence on Middle Eastern oil. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ENERGY SECURITY. (a) In General- Subject to subsection (b), the Secretary of Energy shall ensure that any crude oil and bitumen transported into the United States by the Keystone XL pipeline, and all refined petroleum fuel products originating from that crude oil or bitumen, will be entered into domestic commerce in the United States for-- (1) use as a fuel; or (2) the manufacture of another product. (b) Waivers Authorized- The President may waive the requirement described in subsection (a) if-- (1) the President determines that a waiver is in the national interest because it-- (A) will not lead to an increase in domestic consumption of crude oil or refined petroleum products obtained from countries hostile to United States interests or with political and economic instability that compromises energy supply security; (B) will not lead to higher costs to refiners who purchase the crude oil than the refiners would pay for crude oil in the absence of the waiver; and (C) will not lead to higher gasoline costs to consumers than consumers would pay in the absence of the waiver; (2) an exchange of crude oil or refined product provides for no net loss of crude oil or refined product consumed domestically; or (3) a waiver is necessary under the Constitution, a law, or an international agreement.
S.2129 Mar-13-14
STATUS: March 13, 2014.--Introduced. S.2129 ATTAIN Act of 2014 (Introduced in Senate - IS) S 2129 IS 113th CONGRESS2d SessionS. 2129 To amend the Department of Energy Organization Act to improve technology transfer at the Department of Energy by reducing bureaucratic barriers to industry, entrepreneurs, and small businesses, as well as ensure that public investments in research and development generate the greatest return on investment for taxpayers, and for other purposes. IN THE SENATE OF THE UNITED STATESMarch 13, 2014 Mr. UDALL of New Mexico introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Department of Energy Organization Act to improve technology transfer at the Department of Energy by reducing bureaucratic barriers to industry, entrepreneurs, and small businesses, as well as ensure that public investments in research and development generate the greatest return on investment for taxpayers, 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 `Accelerating Technology Transfer to Advance Innovation for the Nation Act of 2014' or the `ATTAIN Act of 2014'. SEC. 2. OFFICE OF ADVANCED RESEARCH, TECHNOLOGY TRANSFER, AND INNOVATION IN ENERGY. Title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.) is amended by adding at the end the following: `SEC. 218. OFFICE OF ADVANCED RESEARCH, TECHNOLOGY TRANSFER, AND INNOVATION IN ENERGY. `(a) In General- There is established an Office of Advanced Research, Technology Transfer, and Innovation in Energy (referred to in this section as the `Office'), based in Washington, DC, and under the direction of the Technology Transfer Coordinator appointed under section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), to improve the consolidation, coordination, and use of technology transfer resources of the Department. `(b) Duties- The Office shall-- `(1) improve procurement, contracting, and partnership procedures for technology transfer through-- `(A) within the Department and National Laboratories, the innovative use of existing mechanisms (such as cooperative research and development agreements) and the development of new mechanisms (such as Agreements for Commercializing Technology, technology investment agreements, and other transaction authority) to improve the ability of the Department and National Laboratories to procure, contract, and partner with industry and business to implement technology transfer activities; `(B) the streamlining and improvement of the review and approval process at all levels, for existing and future technology transfer agreements (including cooperative research and development agreements) and the use of best practices and process performance improvement evaluation to reduce the time required to enable the technology transfer activities of the Department and National Laboratories to engage and cooperate with industry and business at the speed of opportunity; and `(C) in connection with other Federal agencies, other actions that improve the operational efficiency and technology transfer effectiveness of the Department; `(2) improve the sharing and coordination of technology transfer information and resources through actions such as the establishment of a single website that can be used for technology transfer within the Department; `(3) establish and administer T2-Corps in accordance with section 219; `(4) administer the technology transfer investment initiative in accordance with section 220; `(5) improve the effectiveness of small business innovation research programs and small business technology transfer programs by-- `(A) strategically aligning topics areas in requests for proposals to compliment research and development capabilities at the National Laboratories and funding opportunity announcements offered by Department programs through better identification of technology readiness levels or commercialization readiness levels to enable small business success; and `(B) increasing coordination and use of small business innovation research programs and small business technology transfer programs across the Department and National Laboratories to connect large research and development investments to a strong and well-organized commercialization plan; `(6) establish and administer an industry and business technology transfer working group that-- `(A) parallels and complements the efforts of the National Laboratory technology working group; `(B) shall convene regularly to make recommendations to the Department and National Laboratories for use to assess capabilities and implement improvements regarding-- `(i) priorities for commercialization; `(ii) the assessment of technology targets; `(iii) the evaluation of the impact of technology transfer activities; and `(iv) implementation of technology transfer activities; and `(C) shall carry out technology transfer peer reviews that are similar to professional peer reviews conducted by other agencies of the Department, to evaluate the progress and impact of the technology transfer programs and activities of the Department and the National Nuclear Security Administration; `(7) encourage the use of alternative data rights provisions by improving procurements language to enable the Department and National Laboratories to work with third parties with whom the Department and National Laboratories have issued a subcontract, to enable-- `(A) the third party to have full title, limited title, or partial use of any software or data authored by the Department or National Laboratories, if necessary and applicable; and `(B) each relevant group to coordinate and cooperate more effectively; `(8) enable a platform or resource that allows existing prenegotiated and express licensing programs to expand intellectual property bundling agreements to encourage university, foundation, nonprofit, and industry partners to present licensable intellectual property (along with the Department and National Laboratories) within a common database, with-- `(A) the database administered by the Department and database content available to the T2-Corps teams, the Department, and the National Laboratories; and `(B) the goal of the cooperation being to create an effective process that enhances opportunities for technology transfer and commercialization by-- `(i) encouraging and leveraging research and development funds dedicated to complementary projects; `(ii) facilitating streamlined licensing negotiations; `(iii) encouraging cost-effective intellectual property management and fulfilling equal opportunity; `(iv) minimizing potential for conflicts in a manner that increases the access of participants in T2-Corps to scientists and engineers of National Laboratories; and `(v) increasing the accessibility of licensable technology across larger numbers of licensees; `(9) coordinate with the Small Business Innovation Research Program (SBIR) and Small Business Technology Transfer Program (STTR) of the Department-- `(A) to maximize the impact of technology transfer opportunities and activities; and `(B) to implement strategic changes that are mutually beneficial to the Office and those Programs; `(10) carry out technology transfer evaluations, measurement, and reporting functions of the Department; `(11) conduct an annual evaluation of the progress and impact of the Office that-- `(A) is conducted through-- `(i) the working group established under paragraph (6); and `(ii) technology transfer peer reviews that are similar to professional peer reviews conducted by other agencies of the Department; `(B) includes information relating to the economic and technology transfer impact of technology transfer programs, which shall be evaluated based on-- `(i) the types of employment opportunities created, based on North American Industry Classification System (NAICS) employment data; `(ii) the aggregate amount of follow-on investment; `(iii) the start-up survival and growth rate; `(iv) Department and National Laboratory transactional efficiency for different phases of licensing cooperative research and development agreements and other technology transfer-related processes; `(v) the effectiveness of local and regional partnerships; and `(vi) other key metrics determined by the Secretary and the National Nuclear Security Administration; `(C) to the maximum extent practicable, uses random sampling, retroactive data, and other justifiable evaluation methodologies to control the cost and scope of the evaluations and the collection and analysis of data relevant to the metrics described in this paragraph; and `(D) provides for-- `(i) the continuous monitoring of the fairness and opportunities in the administration of this paragraph; and `(ii) an evaluation of-- `(I) accessibility; and `(II) expectations and limitations relating to employee conflict of interest; `(12) through the working group established under paragraph (6) (in consultation with the Secretary and the Technology Transfer Working Group established under section 1001(d) of the Energy Policy Act of 2005 (42 U.S.C. 16391(d))), subject to subsection (c), collect data regarding the technology transfer activities and programs of the Department; `(13) submit the report described in paragraph (10) to Congress and incorporate the findings of that report in the performance evaluation and management plans of each of the National Laboratories; `(14) consolidate resources and reduce bureaucratic barriers within the Department and become the office responsible for the coordination, planning, monitoring, and implementation of sections 1001, 1002, 1003, and 1004 of title X of the Energy Policy Act of 2005 (42 U.S.C. 16391, 16392, 16393, 16394), to assist the Department and National Laboratories in carrying out technology transfer and small business activities; `(15) administer the Technology Commercialization Fund established under section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C. 16391(e)), including-- `(A) the development of a multiyear plan for the use of the Fund; `(B) the use of the Fund to carry out the duties of the Office; `(C) the coordination with other agencies of the Department on the use of the Fund; and `(D) the submission to Congress of an annual report that describes use of the Fund during the preceding year; `(16) except as otherwise provided in this Act, carry out the research, development, demonstration, and commercial application programs, projects, and activities authorized by this Act in accordance with-- `(A) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); `(B) the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.); `(C) the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.); `(D) the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.); `(E) chapter 18 of title 35, United States Code (commonly known as the `Bayh-Dole Act'); and `(F) any other Act under which the Secretary is authorized to carry out the programs, projects, and activities; and `(17) perform such other duties as are determined appropriate by the Secretary. `(c) Protection of Information- The following types of information collected by the Department or National Laboratories from recipients of financial assistance awards or technology transfer partners (including parties to cooperative research and development agreements or other similar agreements) shall be considered privileged and confidential and shall not be subject to disclosure under section 552 of title 5, United States Code: `(1) Plans for commercialization of technologies developed under an award or agreement, including business plans, technology-to-market plans, market studies, and cost and performance models. `(2) Specific investments provided to the recipient of an award or party to an agreement from third parties (such as venture capital firms, hedge funds, and private equity firms), including the amount of the investment and the percentage of ownership of the award provided in return for the investment, unless the disclosure is made in an aggregate form that provides anonymity. `(3) Additional financial support that the recipient of an award or party to an agreement-- `(A) plans to or has invested into the technology developed under the award or agreement; or `(B) is seeking from third parties. `(4) Revenue from the licensing or sale of new products or services resulting from research conducted under the award or agreement, unless the disclosure is made in an aggregate form that provides anonymity. `(d) Results of Evaluation and Analysis- `(1) IN GENERAL- The Secretary shall use the reviews, evaluations, and reports conducted under this section to improve and enhance-- `(A) the technology transfer programs and activities of the Department; and `(B) the technology transfer offices of the National Laboratories and the National Nuclear Security Administration to promote the technology transfer goals of the Department. `(2) NATIONAL LABORATORIES- `(A) IN GENERAL- The Department shall work with each National Laboratory to incorporate the evaluation and impact of technology transfer activities in the annual performance evaluation and measurement plan of the National Laboratory to enable significant progress to be rewarded and limited progress to be improved annually. `(B) ADMINISTRATION- The evaluation process under this paragraph shall-- `(i) focus on the performance of each National Laboratory individually; and `(ii) compare the performance of each National Laboratory during the applicable and previous year. `(e) Technology Transfer Offices- `(1) IN GENERAL- Each National Laboratory shall establish or maintain, as applicable, a technology transfer office for the Office. `(2) COORDINATION- The Office shall connect and coordinate the technology transfer offices established under this subsection. `(3) DUTIES- Each technology transfer office shall serve as the regional implementation office for the technology transfer programs of the Department, including technology commercialization, entrepreneurship, and business development.'. SEC. 3. T 2 -CORPS. Title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.) (as amended by section 2) is amended by adding at the end the following: `SEC. 219. T 2 -CORPS. `(a) Establishment- `(1) IN GENERAL- The Secretary shall establish a T2-Corps, modeled after the I-Corps of the National Science Foundation, to support investments in entrepreneurs, mentors, and principal investigators. `(2) GOALS- The goal of the T2-Corps is to invest in technology maturation, market assessment, and increasing industry and small business access to intellectual property and core capabilities of the Department and National Laboratories. `(b) Teams- `(1) IN GENERAL- The Office of Advanced Research, Technology Transfer, and Innovation in Energy (including technology transfer offices of the Office) (referred to in this section as the `Office') shall establish teams composed of-- `(A) entrepreneurs who possess relevant technical knowledge and a commitment to investigate the commercial applications of technology innovation; `(B) mentors who are experienced entrepreneurs, with technology, marketing, commercialization, or other relevant expertise to assist teams in the development of the team and throughout the learning process in a manner similar to the Senior Corps; and `(C) principal investigators who serve as technical lead and project managers. `(2) COMPETITIVE PROCESS- Each team shall be selected and assembled through a competitive process. `(3) TECHNOLOGY TRANSFER OFFICE- `(A) IN GENERAL- Each team shall be hosted by a technology transfer office. `(B) DUTIES- The technology transfer office shall monitor and administer participation in the program in accordance with this section. `(4) DIVERSITY- The Secretary shall ensure, to the maximum extent practicable, the diversity of teams established under this subsection. `(c) Technology Commercialization Challenges- `(1) IN GENERAL- The Office may establish and participate in technology commercialization challenges. `(2) ADMINISTRATION- The Office may use a technology commercialization challenge-- `(A) to leverage the core strengths of a National Laboratory and allow the National Laboratory to focus on a specific topic; and `(B) to create collaborative public-private partnerships that address challenges identified by the industry or National Laboratory technology transfer working groups. `(C) SMALL ENTERPRISES- The Secretary and the Administrator of the Small Business Administration shall ensure that at least 80 percent of the businesses participating in the T2-Corps are smaller enterprises (as defined by the Administrator) that are located in diverse regional geographic areas established under section 220(e)(4). `(d) Coordination- `(1) IN GENERAL- The Office shall work with National Laboratory technology transfer offices-- `(A) to develop information sharing and coordinate resources to enable coordination and competition between members of T2-Corps teams, including a coordination platform that leverage existing elements of social media and networking to connect individuals and teams in the exchange of information and ideas; and `(B) to connect follow on-funding and other resources with successful start-ups through actions such as-- `(i) inviting successful teams or projects to participate in an alumni network to reinvest in the next generation of start-ups; and `(ii) arranging opportunities for successful start-ups to connect with programs that are not administered by the Department or the Small Business Administration to promote the growth of business. `(2) NONPROFIT ENTITIES- `(A) IN GENERAL- The Office shall partner with foundations and nonprofit entities with similar technology transfer and entrepreneurship priorities and goals to assist in carrying out this section. `(B) ACTIVITIES- The partnerships may be established to carry out-- `(i) coordination, planning, and volunteer activities that do not involve the transfer of funding between partners; or `(ii) competitively solicited partnership agreements-- `(I) to enable foundations and nonprofit entities to apply for funding to assist in carrying out Department activities; or `(II) to provide funding to augment existing Department activities relating specifically to common technology transfer and entrepreneurship priorities and goals. `(e) Funding- The Office may use to carry out this section-- `(1) funding made available to carry out-- `(A) the Small Business Act (15 U.S.C. 631 et seq.); or `(B) section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391); and `(2) any other funds that are made available to carry out this section.'. SEC. 4. TECHNOLOGY TRANSFER INVESTMENT INITIATIVE. Title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.) (as amended by section 3) is amended by adding at the end the following: `SEC. 220. TECHNOLOGY TRANSFER INVESTMENT INITIATIVE. `(a) In General- The Secretary and the Administrator of the Small Business Administration (referred to in this section as the `Administrator') shall jointly establish and carry out a Technology Transfer Investment Initiative (referred to in this section as the `Initiative'). `(b) Partnership- To carry out the Initiative, the Secretary shall enter into a memorandum of understanding with the Administrator to coordinate a partnership program carried out by-- `(1) the Office of Advanced Research, Technology Transfer, and Innovation established by section 218; and `(2) the Small Business Investment Company (referred to in this section as `SBIC') Program of the Small Business Administration. `(c) Goal- The goal of the partnership program shall be to leverage the strengths of the SBIC program to benefit the T2-Corps teams completing the Department program. `(d) Technology Transfer Investment Initiative- `(1) SELECTION- The Administrator, in consultation with the Secretary, shall solicit SBIC participation in the technology transfer investment initiative of the Small Business Administration and the Department. `(2) PARTICIPATION- A SBIC that agrees or is selected to participate in technology transfer investment initiative shall-- `(A) regularly review proposals created by T2-Corps teams for possible investment; `(B) assess each proposal against the criteria established by the SBIC; and `(C) comply with all provisions of law applicable to the Small Business Administration (including regulations). `(3) REGIONAL GEOGRAPHIC AREAS- `(A) IN GENERAL- The Office established under section 218 (including National Laboratory technology transfer offices), in coordination with T2-Corps established under section 219, shall establish and coordinate regional geographic areas to carry out the Initiative. `(B) LEVERAGE- The Office (including National Laboratory technology transfer offices) and SBICs shall leverage, to the maximum extent practicable, the experience and expertise of local, State, and regional partners to efficiency and effectively implement the Initiative.'.
H.Res.2126 May-23-13
STATUS: May 23, 2013.--Referred to the House Committee on Energy and Commerce. May 24, 2013.--Referred to the Subcommittee on Energy and Power. February 28, 2014.--Ordered to be Reported (Amended) by Voice Vote. March 5, 2014.--On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 375 - 36 March 6, 2014.--Received in Senate. H.R.2126 Energy Efficiency Improvement Act of 2014 (Engrossed in House [Passed House] - EH) HR 2126 EH 113th CONGRESS2d Session H. R. 2126AN ACT To promote energy efficiency, 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 `Energy Efficiency Improvement Act of 2014'. TITLE I--BETTER BUILDINGS SEC. 101. SHORT TITLE. This title may be cited as the `Better Buildings Act of 2014'. SEC. 102. ENERGY EFFICIENCY IN FEDERAL AND OTHER BUILDINGS. (a) Definitions- In this section: (1) ADMINISTRATOR- The term `Administrator' means the Administrator of General Services. (2) COST-EFFECTIVE ENERGY EFFICIENCY MEASURE- The term `cost-effective energy efficiency measure' means any building product, material, equipment, or service, and the installing, implementing, or operating thereof, that provides energy savings in an amount that is not less than the cost of such installing, implementing, or operating. (3) COST-EFFECTIVE WATER EFFICIENCY MEASURE- The term `cost-effective water efficiency measure' means any building product, material, equipment, or service, and the installing, implementing, or operating thereof, that provides water savings in an amount that is not less than the cost of such installing, implementing, or operating. (b) Model Provisions, Policies, and Best Practices- (1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Energy and after providing the public with an opportunity for notice and comment, shall develop model commercial leasing provisions and best practices in accordance with this subsection. (2) COMMERCIAL LEASING- (A) IN GENERAL- The model commercial leasing provisions developed under this subsection shall, at a minimum, align the interests of building owners and tenants with regard to investments in cost-effective energy efficiency measures and cost-effective water efficiency measures to encourage building owners and tenants to collaborate to invest in such measures. (B) USE OF MODEL PROVISIONS- The Administrator may use the model commercial leasing provisions developed under this subsection in any standard leasing document that designates a Federal agency (or other client of the Administrator) as a landlord or tenant. (C) PUBLICATION- The Administrator shall periodically publish the model commercial leasing provisions developed under this subsection, along with explanatory materials, to encourage building owners and tenants in the private sector to use such provisions and materials. (3) REALTY SERVICES- The Administrator shall develop policies and practices to implement cost-effective energy efficiency measures and cost-effective water efficiency measures for the realty services provided by the Administrator to Federal agencies (or other clients of the Administrator), including periodic training of appropriate Federal employees and contractors on how to identify and evaluate those measures. (4) STATE AND LOCAL ASSISTANCE- The Administrator, in consultation with the Secretary of Energy, shall make available model commercial leasing provisions and best practices developed under this subsection to State, county, and municipal governments for use in managing owned and leased building space in accordance with the goal of encouraging investment in all cost-effective energy efficiency measures and cost-effective water efficiency measures. SEC. 103. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURES. (a) In General- Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) is amended by adding at the end the following: `SEC. 424. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURES. `(a) Definitions- In this section: `(1) HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURE- The term `high-performance energy efficiency measure' means a technology, product, or practice that will result in substantial operational cost savings by reducing energy consumption and utility costs. `(2) SEPARATE SPACES- The term `separate spaces' means areas within a commercial building that are leased or otherwise occupied by a tenant or other occupant for a period of time pursuant to the terms of a written agreement. `(b) Study- `(1) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall complete a study on the feasibility of-- `(A) significantly improving energy efficiency in commercial buildings through the design and construction, by owners and tenants, of separate spaces with high-performance energy efficiency measures; and `(B) encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces. `(2) SCOPE- The study shall, at a minimum, include-- `(A) descriptions of-- `(i) high-performance energy efficiency measures that should be considered as part of the initial design and construction of separate spaces; `(ii) processes that owners, tenants, architects, and engineers may replicate when designing and constructing separate spaces with high-performance energy efficiency measures; `(iii) policies and best practices to achieve reductions in energy intensities for lighting, plug loads, heating, cooling, cooking, laundry, and other systems to satisfy the needs of the commercial building tenant; `(iv) return on investment and payback analyses of the incremental cost and projected energy savings of the proposed set of high-performance energy efficiency measures, including consideration of available incentives; `(v) models and simulation methods that predict the quantity of energy used by separate spaces with high-performance energy efficiency measures and that compare that predicted quantity to the quantity of energy used by separate spaces without high-performance energy efficiency measures but that otherwise comply with applicable building code requirements; `(vi) measurement and verification platforms demonstrating actual energy use of high-performance energy efficiency measures installed in separate spaces, and whether such measures generate the savings intended in the initial design and construction of the separate spaces; `(vii) best practices that encourage an integrated approach to designing and constructing separate spaces to perform at optimum energy efficiency in conjunction with the central systems of a commercial building; and `(viii) any impact on employment resulting from the design and construction of separate spaces with high-performance energy efficiency measures; and `(B) case studies reporting economic and energy savings returns in the design and construction of separate spaces with high-performance energy efficiency measures. `(3) PUBLIC PARTICIPATION- Not later than 90 days after the date of the enactment of this section, the Secretary shall publish a notice in the Federal Register requesting public comments regarding effective methods, measures, and practices for the design and construction of separate spaces with high-performance energy efficiency measures. `(4) PUBLICATION- The Secretary shall publish the study on the website of the Department of Energy.'. (b) Clerical Amendment- The table of contents in section 1(b) of the Energy Independence and Security Act of 2007 is amended by inserting after the item relating to section 423 the following new item: `Sec. 424. Separate spaces with high-performance energy efficiency measures.'. SEC. 104. TENANT STAR PROGRAM. (a) In General- Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) (as amended by section 3) is amended by adding at the end the following: `SEC. 425. TENANT STAR PROGRAM. `(a) Definitions- In this section: `(1) HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURE- The term `high-performance energy efficiency measure' has the meaning given the term in section 424. `(2) SEPARATE SPACES- The term `separate spaces' has the meaning given the term in section 424. `(b) Tenant Star- The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Energy, shall develop a voluntary program within the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), which may be known as Tenant Star, to promote energy efficiency in separate spaces leased by tenants or otherwise occupied within commercial buildings. `(c) Expanding Survey Data- The Secretary of Energy, acting through the Administrator of the Energy Information Administration, shall-- `(1) collect, through each Commercial Buildings Energy Consumption Survey of the Energy Information Administration that is conducted after the date of enactment of this section, data on-- `(A) categories of building occupancy that are known to consume significant quantities of energy, such as occupancy by data centers, trading floors, and restaurants; and `(B) other aspects of the property, building operation, or building occupancy determined by the Administrator of the Energy Information Administration, in consultation with the Administrator of the Environmental Protection Agency, to be relevant in lowering energy consumption; `(2) with respect to the first Commercial Buildings Energy Consumption Survey conducted after the date of enactment of this section, to the extent full compliance with the requirements of paragraph (1) is not feasible, conduct activities to develop the capability to collect such data and begin to collect such data; and `(3) make data collected under paragraphs (1) and (2) available to the public in aggregated form and provide such data, and any associated results, to the Administrator of the Environmental Protection Agency for use in accordance with subsection (d). `(d) Recognition of Owners and Tenants- `(1) OCCUPANCY-BASED RECOGNITION- Not later than 1 year after the date on which sufficient data is received pursuant to subsection (c), the Administrator of the Environmental Protection Agency shall, following an opportunity for public notice and comment-- `(A) in a manner similar to the Energy Star rating system for commercial buildings, develop policies and procedures to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces; `(B) establish building occupancy categories eligible for Tenant Star recognition based on the data collected under subsection (c) and any other appropriate data sources; and `(C) consider other forms of recognition for commercial building tenants or other occupants that lower energy consumption in separate spaces. `(2) DESIGN- AND CONSTRUCTION-BASED RECOGNITION- After the study required by section 424(b) is completed, the Administrator of the Environmental Protection Agency, in consultation with the Secretary and following an opportunity for public notice and comment, may develop a voluntary program to recognize commercial building owners and tenants that use high-performance energy efficiency measures in the design and construction of separate spaces.'. (b) Clerical Amendment- The table of contents in section 1(b) of the Energy Independence and Security Act of 2007 is amended by inserting after the item relating to section 424 (as added by section 3(b)) the following new item: `Sec. 425. Tenant Star program.'. TITLE II--GRID-ENABLED WATER HEATERS SEC. 201. GRID-ENABLED WATER HEATERS. Part B of title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.) is amended-- (1) in section 325(e) (42 U.S.C. 6295(e)), by adding at the end the following: `(6) ADDITIONAL STANDARDS FOR GRID-ENABLED WATER HEATERS- `(A) DEFINITIONS- In this paragraph: `(i) ACTIVATION LOCK- The term `activation lock' means a control mechanism (either a physical device directly on the water heater or a control system integrated into the water heater) that is locked by default and contains a physical, software, or digital communication that must be activated with an activation key to enable the product to operate at its designed specifications and capabilities and without which activation the product will provide not greater than 50 percent of the rated first hour delivery of hot water certified by the manufacturer. `(ii) GRID-ENABLED WATER HEATER- The term `grid-enabled water heater' means an electric resistance water heater that-- `(I) has a rated storage tank volume of more than 75 gallons; `(II) is manufactured on or after April 16, 2015; `(III) has-- `(aa) an energy factor of not less than 1.061 minus the product obtained by multiplying-- `(AA) the rated storage volume of the tank, expressed in gallons; and `(BB) 0.00168; or `(bb) an equivalent alternative standard prescribed by the Secretary and developed pursuant to paragraph (5)(E); `(IV) is equipped at the point of manufacture with an activation lock; and `(V) bears a permanent label applied by the manufacturer that-- `(aa) is made of material not adversely affected by water; `(bb) is attached by means of non-water-soluble adhesive; and `(cc) advises purchasers and end-users of the intended and appropriate use of the product with the following notice printed in 16.5 point Arial Narrow Bold font: `IMPORTANT INFORMATION: This water heater is intended only for use as part of an electric thermal storage or demand response program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility company or another program operator. Confirm the availability of a program in your local area before purchasing or installing this product.'. `(B) REQUIREMENT- The manufacturer or private labeler shall provide the activation key for a grid-enabled water heater only to a utility or other company that operates an electric thermal storage or demand response program that uses such a grid-enabled water heater. `(C) REPORTS- `(i) MANUFACTURERS- The Secretary shall require each manufacturer of grid-enabled water heaters to report to the Secretary annually the quantity of grid-enabled water heaters that the manufacturer ships each year. `(ii) OPERATORS- The Secretary shall require utilities and other demand response and thermal storage program operators to report annually the quantity of grid-enabled water heaters activated for their programs using forms of the Energy Information Agency or using such other mechanism that the Secretary determines appropriate after an opportunity for notice and comment. `(iii) CONFIDENTIALITY REQUIREMENTS- The Secretary shall treat shipment data reported by manufacturers as confidential business information. `(D) PUBLICATION OF INFORMATION- `(i) IN GENERAL- In 2017 and 2019, the Secretary shall publish an analysis of the data collected under subparagraph (C) to assess the extent to which shipped products are put into use in demand response and thermal storage programs. `(ii) PREVENTION OF PRODUCT DIVERSION- If the Secretary determines that sales of grid-enabled water heaters exceed by 15 percent or greater the quantity of such products activated for use in demand response and thermal storage programs annually, the Secretary shall, after opportunity for notice and comment, establish procedures to prevent product diversion for non-program purposes. `(E) COMPLIANCE- `(i) IN GENERAL- Subparagraphs (A) through (D) shall remain in effect until the Secretary determines under this section that-- `(I) grid-enabled water heaters do not require a separate efficiency requirement; or `(II) sales of grid-enabled water heaters exceed by 15 percent or greater the quantity of such products activated for use in demand response and thermal storage programs annually and procedures to prevent product diversion for non-program purposes would not be adequate to prevent such product diversion. `(ii) EFFECTIVE DATE- If the Secretary exercises the authority described in clause (i) or amends the efficiency requirement for grid-enabled water heaters, that action will take effect on the date described in subsection (m)(4)(A)(ii). `(iii) CONSIDERATION- In carrying out this section with respect to electric water heaters, the Secretary shall consider the impact on thermal storage and demand response programs, including any impact on energy savings, electric bills, peak load reduction, electric reliability, integration of renewable resources, and the environment. `(iv) REQUIREMENTS- In carrying out this paragraph, the Secretary shall require that grid-enabled water heaters be equipped with communication capability to enable the grid-enabled water heaters to participate in ancillary services programs if the Secretary determines that the technology is available, practical, and cost-effective.'; (2) in section 332(a) (42 U.S.C. 6302(a))-- (A) in paragraph (5), by striking `or' at the end; (B) in the first paragraph (6), by striking the period at the end and inserting a semicolon; (C) by redesignating the second paragraph (6) as paragraph (7); (D) in subparagraph (B) of paragraph (7) (as so redesignated), by striking the period at the end and inserting `; or'; and (E) by adding at the end the following: `(8) for any person to-- `(A) activate an activation lock for a grid-enabled water heater with knowledge that such water heater is not used as part of an electric thermal storage or demand response program; `(B) distribute an activation key for a grid-enabled water heater with knowledge that such activation key will be used to activate a grid-enabled water heater that is not used as part of an electric thermal storage or demand response program; `(C) otherwise enable a grid-enabled water heater to operate at its designed specification and capabilities with knowledge that such water heater is not used as part of an electric thermal storage or demand response program; or `(D) knowingly remove or render illegible the label of a grid-enabled water heater described in section 325(e)(6)(A)(ii)(V).'; (3) in section 333(a) (42 U.S.C. 6303(a))-- (A) by striking `section 332(a)(5)' and inserting `paragraph (5), (6), (7), or (8) of section 332(a)'; and (B) by striking `paragraph (1), (2), or (5) of section 332(a)' and inserting `paragraph (1), (2), (5), (6), (7), or (8) of section 332(a)'; and (4) in section 334 (42 U.S.C. 6304)-- (A) by striking `section 332(a)(5)' and inserting `paragraph (5), (6), (7), or (8) of section 332(a)'; and (B) by striking `section 332(a)(6)' and inserting `section 332(a)(7)'. TITLE III--ENERGY EFFICIENT GOVERNMENT TECHNOLOGY SEC. 301. SHORT TITLE. This title may be cited as the `Energy Efficient Government Technology Act'. SEC. 302. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES. Subtitle C of title V of the Energy Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 1661) is amended by adding at the end the following: `SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES. `(a) Definitions- In this section: `(1) DIRECTOR- The term `Director' means the Director of the Office of Management and Budget. `(2) INFORMATION TECHNOLOGY- The term `information technology' has the meaning given that term in section 11101 of title 40, United States Code. `(b) Development of Implementation Strategy- Not later than 1 year after the date of enactment of this section, each Federal agency shall coordinate with the Director, the Secretary, and the Administrator of the Environmental Protection Agency to develop an implementation strategy (that includes best practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies, taking into consideration the performance goals established under subsection (d). `(c) Administration- In developing an implementation strategy under subsection (b), each Federal agency shall consider-- `(1) advanced metering infrastructure; `(2) energy-efficient data center strategies and methods of increasing asset and infrastructure utilization; `(3) advanced power management tools; `(4) building information modeling, including building energy management; `(5) secure telework and travel substitution tools; and `(6) mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization. `(d) Performance Goals- `(1) IN GENERAL- Not later than 180 days after the date of enactment of this section, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information technology. `(2) BEST PRACTICES- The Chief Information Officers Council established under section 3603 of title 44, United States Code, shall recommend best practices for the attainment of the performance goals, which shall include Federal agency consideration of the use of-- `(A) energy savings performance contracting; and `(B) utility energy services contracting. `(e) Reports- `(1) AGENCY REPORTS- Each Federal agency shall include in the report of the agency under section 527 a description of the efforts and results of the agency under this section. `(2) OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS- Effective beginning not later than October 1, 2015, the Director shall include in the annual report and scorecard of the Director required under section 528 a description of the efforts and results of Federal agencies under this section.'. SEC. 303. ENERGY EFFICIENT DATA CENTERS. Section 453 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112) is amended-- (1) by striking subsection (b)(3); and (2) by striking subsections (c) through (g) and inserting the following: `(c) Stakeholder Involvement- The Secretary and the Administrator shall carry out subsection (b) in collaboration with information technology industry and other key stakeholders, with the goal of producing results that accurately reflect the best knowledge in the most pertinent domains. In such collaboration, the Secretary and the Administrator shall pay particular attention to organizations that-- `(1) have members with expertise in energy efficiency and in the development, operation, and functionality of data centers, information technology equipment, and software, such as representatives of hardware manufacturers, data center operators, and facility managers; `(2) obtain and address input from Department of Energy National Laboratories or any college, university, research institution, industry association, company, or public interest group with applicable expertise; `(3) follow-- `(A) commonly accepted procedures for the development of specifications; and `(B) accredited standards development processes; and `(4) have a mission to promote energy efficiency for data centers and information technology. `(d) Measurements and Specifications- The Secretary and the Administrator shall consider and assess the adequacy of the specifications, measurements, and benchmarks described in subsection (b) for use by the Federal Energy Management Program, the Energy Star Program, and other efficiency programs of the Department of Energy or the Environmental Protection Agency. `(e) Study- The Secretary, in collaboration with the Administrator, shall, not later than 18 months after the date of enactment of the Energy Efficient Government Technology Act, make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109-431 (120 Stat. 2920), that provides-- `(1) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2014; `(2) an analysis considering the impact of information technologies, to include virtualization and cloud computing, in the public and private sectors; `(3) an evaluation of the impact of the combination of cloud platforms, mobile devices, social media, and big data on data center energy usage; and `(4) updated projections and recommendations for best practices through fiscal year 2020. `(f) Data Center Energy Practitioner Program- The Secretary, in collaboration with key stakeholders and the Director of the Office of Management and Budget, shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in Federal data centers. Each Federal agency shall consider having the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to such program, whenever practicable using certified practitioners employed by the agency. `(g) Open Data Initiative- The Secretary, in collaboration with key stakeholders and the Office of Management and Budget, shall establish an open data initiative for Federal data center energy usage data, with the purpose of making such data available and accessible in a manner that encourages further data center innovation, optimization, and consolidation. In establishing the initiative, the Secretary shall consider the use of the online Data Center Maturity Model. `(h) International Specifications and Metrics- The Secretary, in collaboration with key stakeholders, shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. `(i) Data Center Utilization Metric- The Secretary, in collaboration with key stakeholders, shall facilitate in the development of an efficiency metric that measures the energy efficiency of a data center (including equipment and facilities). `(j) Protection of Proprietary Information- The Secretary and the Administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the programs and initiatives established under this section.'. TITLE IV--ENERGY INFORMATION FOR COMMERCIAL BUILDINGS SEC. 401. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS. (a) Requirement of Benchmarking and Disclosure for Leasing Buildings Without Energy Star Labels- Section 435(b)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is amended-- (1) by striking `paragraph (2)' and inserting `paragraph (1)'; and (2) by striking `signing the contract,' and all that follows through the period at the end and inserting the following: `signing the contract, the following requirements are met: `(A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems. `(B)(i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces-- `(I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and `(II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. `(ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph.'. (b) Study- (1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary of Energy, in collaboration with the Administrator of the Environmental Protection Agency, shall complete a study-- (A) on the impact of-- (i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers-- (i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with-- (I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions studios; (v) implementation practices, including disclosure methods and phase-in of compliance; (vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber-attacks; and (vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings. (2) SUBMISSION TO CONGRESS- At the conclusion of the study, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the results of the study. (c) Creation and Maintenance of Database- (1) IN GENERAL- Not later than 18 months after the date of enactment of this Act and following opportunity for public notice and comment, the Secretary of Energy, in coordination with other relevant agencies, shall maintain, and if necessary create, a database for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including-- (A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure; (B) information on buildings that have disclosed energy ratings and certifications; and (C) energy-related information on buildings provided voluntarily by the owners of the buildings, only in an anonymous form unless the owner provides otherwise. (2) COMPLEMENTARY PROGRAMS- The database maintained pursuant to paragraph (1) shall complement and not duplicate the functions of the Environmental Protection Agency's Energy Star Portfolio Manager tool. (d) Input From Stakeholders- The Secretary of Energy shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section. (e) Report- Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the progress made in complying with this section. Passed the House of Representatives March 5, 2014. Attest: Clerk. 113th CONGRESS2d SessionH. R. 2126AN ACT To promote energy efficiency, and for other purposes.
S.2123 Mar-12-14
STATUS: March 12, 2014.--Introduced. July 30, 2014.--Subcommittee hearing held. S.2123 School District 318 Land Exchange Act (Introduced in Senate - IS) S 2123 IS 113th CONGRESS2d SessionS. 2123 To authorize the exchange of certain Federal land and non-Federal land in the State of Minnesota. IN THE SENATE OF THE UNITED STATESMarch 12, 2014 Mr. FRANKEN (for himself and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the exchange of certain Federal land and non-Federal land in the State of Minnesota. 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 `School District 318 Land Exchange Act'. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to provide greater safety to the students of the Robert J. Elkington Middle School and the families of those students in Grand Rapids, Minnesota; and (2) to promote the mission of the United States Geological Survey. SEC. 3. DEFINITIONS. In this Act: (1) DISTRICT- The term `District' means Minnesota Independent School District number 318 in Grand Rapids, Minnesota. (2) FEDERAL LAND- (A) IN GENERAL- The term `Federal land' means the parcel of approximately 1.3 acres of United States Geological Survey land identified as USGS Parcel 91-016-4111 on the map, which was transferred to the Department of the Interior by the General Services Administration by a letter dated July 22, 1965. (B) INCLUSION- The term `Federal land' includes any structures on the land described in subparagraph (A). (3) MAP- The term `map' means each of the maps entitled `USGS and School Parcel Locations' and dated January 15, 2014. (4) NON-FEDERAL LAND- (A) IN GENERAL- The term `non-Federal land' means the parcel of approximately 1.6 acres of District land identified as School Parcel 91-540-1210 on the map. (B) INCLUSION- The term `non-Federal land' includes any structures on the land described in subparagraph (A). (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 4. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND. (a) In General- If the District offers to convey to the United States all right, title, and interest of the District in and to the non-Federal land, the Secretary shall-- (1) accept the offer; and (2) convey to the District all right, title, and interest of the United States in and to the Federal land. (b) Valuation- (1) IN GENERAL- The value of the Federal land and non-Federal land to be exchanged under subsection (a) shall be determined-- (A) by an independent appraiser selected by the Secretary; and (B) in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (2) APPROVAL- Appraisals conducted under paragraph (1) shall be submitted to the Secretary for approval. (3) CASH EQUALIZATION PAYMENTS- (A) IN GENERAL- If the value of the Federal land and non-Federal land to be exchanged under subsection (a) is not of equal value, the value shall be equalized through a cash equalization payment to the Secretary. (B) USE OF AMOUNTS- Amounts received under subparagraph (A) shall be deposited in the Treasury and credited to miscellaneous receipts.