,i #aacth ,,congress #ast ,session ,h4 ,r4 #cjcc ,,in ,,the ,,house ,,of ,,representatives ,august #b1 #bjac ,mr4 ,latta 7for himself1 ,mr4 ,mc,kinley1 ,mr4 ,coffman1 ,mr4 ,huelskamp1 ,mr4 ,westmoreland1 ,mr4 ,long1 and ,mr4 ,huizenga of ,michigan7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on the ,judiciary1 ,energy and ,commerce1 and ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to enhance energy security by expanding access to domestic energy resources1 boost employment opportunities in the energy sector1 and provide consumers relief from artificial price increases4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be referred to as the ,energy ,security and ,employment ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,expand access to ,america's ,oil and ,gas ,resources ,subtitle ,a--,outer ,continental ,shelf ,sec4 #aja4 ,repeal of moratorium under ,gulf of ,mexico ,energy ,security ,act of #bjjf4 ,sec4 #ajb4 ,national defense areas4 ,sec4 #ajc4 ,,ocs oil and gas leasing program for #bjac-bjah4 ,sec4 #ajd4 ,sharing of ,,ocs receipts with ,states and local governments4 ,subtitle ,b--,arctic ,coastal ,plain ,sec4 #aaa4 ,definitions4 ,sec4 #aab4 ,leasing program for land within the ,coastal ,plain4 ,sec4 #aac4 ,lease sales4 ,sec4 #aad4 ,grant of leases by the ,secretary4 ,sec4 #aae4 ,lease terms and conditions4 ,sec4 #aaf4 ,expedited judicial review4 ,sec4 #aag4 ,rights-of-way and easements across the ,coastal ,plain4 ,sec4 #aah4 ,conveyance4 ,title ,,ii--,revocation of ,energy-,restricting ,,blm ,lockup ,subtitle ,a--,expedited ,shale ,leasing of ,federal ,lands ,sec4 #bja4 ,opening of lands to oil shale leasing4 ,subtitle ,b--,judicial ,review ,regarding ,energy ,projects ,sec4 #baa4 ,definitions4 ,sec4 #bab4 ,jurisdiction over causes and claims relating to covered energy projects4 ,sec4 #bac4 ,time for filing complaint4 ,sec4 #bad4 ,expedition in hearing and determining the action4 ,sec4 #bae4 ,standard of review4 ,sec4 #baf4 ,limitation on injunction and prospective relief4 ,sec4 #bag4 ,limitation on ,attorneys' fees4 ,sec4 #bah4 ,legal standing4 ,subtitle ,c--,permitting reform ,sec4 #bba4 ,purposes4 ,sec4 #bbb4 ,federal ,coordinator4 ,sec4 #bbc4 ,regional offices and ,regional ,permit ,coordinators4 ,sec4 #bbd4 ,reviews and actions of ,federal agencies4 ,sec4 #bbe4 ,state coordination4 ,sec4 #bbf4 ,savings provision4 ,sec4 #bbg4 ,administrative and judicial review4 ,sec4 #bbh4 ,amendments to publication process4 ,sec4 #bbi4 ,definitions4 ,title ,,iii--,relief ,from ,regulations and ,prohibitions that ,cause ,artificial ,price ,increases ,subtitle ,a--,relief from ,,epa climate change regulations and ,federal prohibitions on synthetic fuels ,sec4 #cja4 ,repeal of ,,epa climate change regulation4 ,sec4 #cjb4 ,repeal of ,federal ban on synthetic fuels purchasing requirement4 ,sec4 #cjc4 ,elimination of boutique fuels4 ,subtitle ,b--,refinery reform ,sec4 #caa4 ,refinery permitting process4 ,sec4 #cab4 ,existing refinery permit application deadline4 ,i ,expand access to ,america's ,oil and ,gas ,resources ,a ,outer ,continental ,shelf #aja4 ,repeal of moratorium under ,gulf of ,mexico ,energy ,security ,act of #bjjf ,section #ajd of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note2 ,public ,law #aji-dcb7 is repealed4 #ajb4 ,national defense areas ,this title shall not affect the authority of the ,secretary of ,defense1 with the approval of the ,president1 to designate national defense areas on the outer ,continental ,shelf pursuant to section #ab7;d7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acda7;d774 #ajc4 ,,ocs oil and gas leasing program for #bjac-bjah 7a7 ,in general ,the ,draft ,proposed ,outer ,continental ,shelf ,oil and ,gas ,leasing ,program #bjaj-bjae issued by the ,secretary of the ,interior under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7 shall be considered to be the final oil and gas leasing program under that section for the period of fiscal years #bjac through #bjah4 7b7 ,final ,environmental ,impact ,statement ,the ,secretary is considered to have issued a final environmental impact statement for the program referred to in subsection 7a7 in accordance with all requirements of section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7c7 ,termination of existing program ,the ,five ,year ,outer ,continental ,shelf ,oil and ,gas ,leasing ,program for #bjab-bjag shall have no force or effect4 #ajd4 ,sharing of ,,ocs receipts with ,states and local governments ,section #i of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acch7 is amended as follows3 7#a7 ,by designating the existing text as a subsection 7a74 7#b7 ,in subsection 7a7 7as so designated7 by inserting 1 if not paid as otherwise provided in this title after receipts4 7#c7 ,by adding at the end the following3 7b7 ,treatment of ,,ocs ,receipts 7#a7 ,deposit ,the ,secretary shall deposit into a separate account in the ,treasury the portion of ,,ocs ,receipts for each fiscal year that will be shared under paragraph 7#b74 7#b7 ,immediate receipts sharing ,beginning ,october #a1 #bjac1 the ,secretary shall pay under subsection 7c7 #ej percent of ,,ocs ,receipts received by the ,united ,states under all leases under this ,act1 except that the ,secretary shall only pay #be percent of such ,,ocs ,receipts received under all such leases within a ,state's ,adjacent ,zone if leasing is not allowed within at least #be percent of the portion of that ,state's ,adjacent ,zone located completely within #ge miles of any coastline4 7#c7 ,allocations ,the ,secretary shall allocate the ,,ocs ,receipts deposited into the separate account established by paragraph 7#a7 that are paid under paragraph 7#b7 as follows3 7,a7 ,bonus bids ,deposits of bonus bids from a leased tract1 including interest thereon1 shall be allocated at the end of each fiscal year to the ,adjacent ,state4 7,b7 ,royalties ,deposits of royalties and net profit shares from a leased tract1 including interest thereon1 shall be allocated at the end of each fiscal year as follows3 7i7 #ej percent to the ,adjacent ,state4 7ii7 #ej percent1 in equal amounts1 to all ,states1 including the ,adjacent ,state1 that-- 7,i7 have a coastline point within #cjj miles of the center of the leased tract2 and 7,,ii7 allow leasing within at least #be percent of the portion of each ,state's ,adjacent ,zone that is within #ge miles of the coastline4 7,c7 ,limitation if not admitted to the union as a ,state ,any territory of the ,united ,states shall only be entitled to one-half of a ,state share under this paragraph4 7c7 ,payment of ,allocations 7#a7 ,in general ,not later than #ij days after the end of each fiscal year1 the ,secretary shall pay-- 7,a7 to each ,state #fj percent of such ,state's allocations under subsection b77#c7 for the preceding fiscal year1 together with all accrued interest thereon2 and 7,b7 to the coastal county-equivalents and municipal political subdivisions of such ,state a total of #dj percent of such ,state's allocations under subsection 7b77#c7 for the preceding fiscal year1 together with all accrued interest thereon1 allocated among such county equivalents and subdivision in accordance with paragraph 7#b74 7#b7 ,allocations to coastal county-equivalent political subdivisions ,the ,secretary shall make an initial allocation of the ,,ocs ,receipts to be paid with respect to a ,state under paragraph 7#a77;,b7 for a fiscal year as follows3 7,a7 #be percent shall be allocated among coastal county-equivalent political subdivisions of the ,state that each-- 7i7 are completely more than #be miles landward of the coastline of the ,state2 and 7ii7 have a part of which that lies not more than #ge miles landward from the coastline1 based on the population of such subdivisions4 7,b7 #ge percent shall be allocated among coastal county-equivalent political subdivisions of the ,state that each are completely or partially less than #be miles landward of the coastline1 of which-- 7i7 #be percent shall be allocated based on the ratio of each such subdivision's population to the coastal population of all such subdivisions2 7ii7 #be percent shall be allocated based on the ratio of the coastline miles of each such subdivision's to the coastline miles of all such subdivisions of the ,state1 as calculated by the ,secretary with each such subdivisions without a coastline considered to have #ej percent of the average coastline miles of such subdivisions that do have coastlines2 and 7iii7 #ej percent shall be allocated equally to all such subdivisions having a coastline point within #cjj miles of the center of the leased tract with respect to which ,,ocs ,receipts are paid4 7#c7 ,allocations to coastal municipal political subdivisions ,the initial allocation to each coastal county-equivalent political subdivision under paragraph 7#b7 shall be further allocated to the coastal county-equivalent political subdivision and any coastal municipal political subdivisions located partially or wholly within the boundaries of the coastal county-equivalent political subdivision1 as follows3 7,a7 ,one-third shall be allocated to the coastal county-equivalent political subdivision4 7,b7 ,two-thirds shall be allocated on a per capita basis to the municipal political subdivisions and the county-equivalent political subdivision1 with the allocation to the latter based upon its population not included within the boundaries of a municipal political subdivision4 7d7 ,investment of ,deposits ,amounts deposited under this section shall be invested by the ,secretary of the ,treasury in securities backed by the full faith and credit of the ,united ,states having maturities suitable to the needs of the account in which they are deposited and yielding the highest reasonably available interest rates as determined by the ,secretary of the ,treasury4 7e7 ,use of ,funds ,a recipient of funds under this section may use the funds for one or more of the following3 7#a7 ,to reduce in-,state college tuition at public institutions of higher learning and otherwise support public education1 including career technical education4 7#b7 ,to make transportation infrastructure improvements4 7#c7 ,to reduce taxes4 7#d7 ,to promote1 fund1 and provide for-- 7,a7 coastal or environmental restoration2 7,b7 fish1 wildlife1 and marine life habitat enhancement2 7,c7 waterways construction and maintenance2 7,d7 levee construction and maintenance and shore protection2 and 7,e7 marine and oceanographic education and research4 7#e7 ,to promote1 fund1 and provide for-- 7,a7 infrastructure associated with energy production activities conducted on the outer ,continental ,shelf2 7,b7 energy demonstration projects2 7,c7 supporting infrastructure for shore-based energy projects2 7,d7 ,state geologic programs1 including geologic mapping and data storage programs1 and ,state geophysical data acquisition2 7,e7 ,state seismic monitoring programs1 including operation of monitoring stations2 7,f7 development of oil and gas resources through enhanced recovery techniques2 7,g7 alternative energy development1 including bio fuels1 coal-to-liquids1 oil shale1 tar sands1 geothermal1 geopressure1 wind1 waves1 currents1 hydro1 and other renewable energy2 7,h7 energy efficiency and conservation programs2 and 7,i7 front-end engineering and design for facilities that produce liquid fuels from hydrocarbons and other biological matter4 7#f7 ,to promote1 fund1 and provide for-- 7,a7 historic preservation programs and projects2 7,b7 natural disaster planning and response2 and 7,c7 hurricane and natural disaster insurance programs4 7f7 ,no ,accounting ,required ,no recipient of funds under this section shall be required to account to the ,federal ,government for the expenditure of such funds1 except as otherwise may be required by law4 ,however1 ,states may enact legislation providing for accounting for and auditing of such expenditures4 ,funds allocated under this section to ,states and political subdivisions may be used as matching funds for other ,federal programs4 7g7 ,effect of ,future ,laws ,enactment after the date of the enactment of the ,energy ,security and ,employment ,act of any ,federal statute that has the effect1 as determined by the ,secretary1 of restricting any ,federal agency from spending appropriated funds1 or otherwise preventing it from fulfilling its preexisting responsibilities as of the date of enactment of the statute 7unless such responsibilities have been reassigned to another ,federal agency by the statute with no prevention of performance7 to issue any permit or other approval impacting on the ,,ocs oil and gas leasing program1 or any lease issued thereunder1 or to implement any provision of this ,act shall automatically prohibit any payment of ,,ocs ,receipts under this section directly to ,states1 and their coastal political subdivisions1 for the duration of the restriction4 ,the ,secretary shall make the determination of the existence of such restricting effects within #cj days of a petition by any outer ,continental ,shelf lessee or producing ,state4 7h7 ,definitions ,in this section3 7#a7 ,adjacent state ,the term ,adjacent ,state means1 with respect to any program1 plan1 lease sale1 leased tract or other activity1 proposed1 conducted1 or approved pursuant to the provisions of this ,act1 any ,state the laws of which are declared to be the law of the ,united ,states for the portion of the outer ,continental ,shelf on which such program1 plan1 lease sale1 leased tract1 or activity appertains or is1 or is proposed to be1 conducted4 7#b7 ,adjacent zone and state adjacent zone ,each of the terms ,adjacent ,zone and ,state ,adjacent ,zone means1 with respect to any program1 plan1 lease sale1 leased tract1 or other activity1 proposed1 conducted1 or approved under this ,act1 the portion of the outer ,continental ,shelf for which the laws of a particular ,adjacent ,state are declared to be the law of the ,united ,states4 7#c7 ,bonus bids ,the term bonus bid means all funds received by the ,secretary to issue an outer ,continental ,shelf mineral lease4 7#d7 ,coastal county-equivalent political subdivision ,the term coastal county-equivalent political subdivision means a political jurisdiction immediately below the level of ,state government1 including a county1 parish1 borough in ,alaska1 independent municipality that is not part of a county1 parish1 or borough in ,alaska1 or other equivalent subdivision of a coastal ,state1 that lies within the coastal zone4 7#e7 ,coastal municipal political subdivision ,the term coastal municipal political subdivision means a municipality located within and part of a county1 parish1 borough in ,alaska1 or other equivalent subdivision of a ,state1 all or part of which coastal municipal political subdivision lies within the coastal zone4 7#f7 ,coastal population ,the term coastal population means the population of all coastal county-equivalent political subdivisions1 as determined by the most recent official data of the ,census ,bureau4 7#g7 ,coastal zone ,the term coastal zone means that portion of a coastal ,state1 including the entire territory of any coastal county-equivalent political subdivision at least a part of which lies1 within #ge miles landward from the coastline1 or a greater distance as determined by ,state law enacted to implement this section4 7#h7 ,,ocs receipts ,the term ,,ocs ,receipts means bonus bids and royalties1 excluding royalties from leases amended under the authority of section #h7s7 of this ,act4 7#i7 ,producing ,state ,the term producing ,state means an ,adjacent ,state having an ,adjacent ,zone containing a leased tract from which ,,ocs ,receipts are derived4 7#aj7 ,royalty ,the term royalty means all funds received by the ,united ,states from production of oil or natural gas1 or the sale of production taken in-kind1 or from net profit shares1 from an outer ,continental ,shelf mineral lease4 4 ,b ,arctic ,coastal ,plain #aaa4 ,definitions ,in this subtitle3 7#a7 ,coastal ,plain ,the term ,coastal ,plain means that area identified as the #ajjb ,coastal ,plain ,area on the map4 7#b7 ,federal agreement ,the term ,federal ,agreement means the ,federal ,agreement and ,grant ,right-of-,way for the ,trans-,alaska ,pipeline issued on ,january #bc1 #aigd1 in accordance with section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe7 and the ,trans-,alaska ,pipeline ,authorization ,act 7#dc ,u4,s4,c4 #afea et seq474 7#c7 ,final statement ,the term ,final ,statement means the final legislative environmental impact statement on the ,coastal ,plain1 dated ,april #aihg1 and prepared pursuant to section #ajjb of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cadb7 and section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7#d7 ,map ,the term map means the map entitled ,arctic ,national ,wildlife ,refuge1 dated ,september #bjje1 and prepared by the ,united ,states ,geological ,survey4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior 7or the designee of the ,secretary71 acting through the ,director of the ,bureau of ,land ,management1 in consultation with the ,director of the ,united ,states ,fish and ,wildlife ,service4 #aab4 ,leasing program for land within the ,coastal ,plain 7a7 ,in general ,the ,secretary shall take such actions as are necessary-- 7#a7 to establish and implement1 in accordance with this subtitle1 a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration1 development1 and production of the oil and gas resources of the ,coastal ,plain2 and 7#b7 to administer this subtitle through regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other provisions that require the application of the best commercially available technology for oil and gas exploration1 development1 and production to all exploration1 development1 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 leased4 7b7 ,repeal 7#a7 ,repeal ,section #ajjc of the ,alaska ,national ,interest ,lands ,conservation ,act of #aihj 7#af ,u4,s4,c4 #cadc7 is repealed4 7#b7 ,conforming amendment ,the table of contents contained in section #a of that ,act 7#af ,u4,s4,c4 #caja note7 is amended by striking the item relating to section #ajjc4 7c7 ,compliance with requirements from certain other laws 7#a7 ,adequacy of the ,department of the ,interior's legislative environmental impact statement ,the ,final ,legislative ,environmental ,impact ,statement 7,april #aihg7 on the ,coastal ,plain prepared pursuant to section #ajjb of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cadb7 and section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 is deemed to satisfy the requirements under the ,national ,environmental ,policy ,act of #aifi that apply with respect to prelease activities under this subtitle1 including actions authorized to be taken by the ,secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this subtitle before the conduct of the first lease sale4 7#b7 ,compliance with ,,nepa for other actions 7,a7 ,in general ,before conducting the first lease sale under this subtitle1 the ,secretary shall prepare an environmental impact statement in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to the actions authorized by this subtitle that are not referred to in paragraph 7#a74 7,b7 ,identification and analysis ,notwithstanding any other provision of law1 in carrying out this paragraph1 the ,secretary shall not be required-- 7i7 to identify nonleasing alternative courses of action2 or 7ii7 to analyze the environmental effects of those courses of action4 7,c7 ,identification of preferred action ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall-- 7i7 identify only a preferred action and a single leasing alternative for the first lease sale authorized under this subtitle2 and 7ii7 analyze the environmental effects and potential mitigation measures for those #b alternatives4 7,d7 ,public comments ,in carrying out this paragraph1 the ,secretary shall consider only public comments that are filed not later than #bj days after the date of publication of a draft environmental impact statement4 7,e7 ,effect of compliance ,notwithstanding any other provision of law1 compliance with this paragraph shall be considered to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle4 7d7 ,relationship to ,state and local authority ,nothing in this subtitle expands or limits any ,state or local regulatory authority4 7e7 ,special areas 7#a7 ,designation 7,a7 ,in general ,the ,secretary1 after consultation with the ,state of ,alaska1 the ,north ,slope ,borough1 ,alaska1 and the ,city of ,kaktovik1 ,alaska1 may designate not more than #de1jjj acres of the ,coastal ,plain as a special area if the ,secretary determines that the special area would be of such unique character and interest as to require special management and regulatory protection4 7,b7 ,sadlerochit ,spring area ,the ,secretary shall designate as a special area in accordance with subparagraph 7,a7 the ,sadlerochit ,spring area1 comprising approximately #d1jjj acres as depicted on the map4 7#b7 ,management ,the ,secretary shall manage each special area designated under this subsection in a manner that preserves the unique and diverse character of the area1 including fish1 wildlife1 subsistence resources1 and cultural values of the area4 7#c7 ,exclusion from leasing or surface occupancy 7,a7 ,in general ,the ,secretary may exclude any special area designated under this subsection from leasing4 7,b7 ,no surface occupancy ,if the ,secretary leases all or a portion of a special area for the purposes of oil and gas exploration1 development1 production1 and related activities1 there shall be no surface occupancy of the land comprising the special area4 7#d7 ,directional drilling ,notwithstanding any other provision of this subsection1 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 lease tracts located outside the special area4 7f7 ,limitation on closed areas ,the ,secretary may not close land within the ,coastal ,plain to oil and gas leasing or to exploration1 development1 or production except in accordance with this subtitle4 7g7 ,regulations 7#a7 ,in general ,not later than #ae months after the date of enactment of this ,act1 the ,secretary shall promulgate such regulations as are necessary to carry out this subtitle1 including rules and regulations relating to protection of the fish and wildlife1 fish and wildlife habitat1 subsistence resources1 and environment of the ,coastal ,plain4 7#b7 ,revision of regulations ,the ,secretary shall periodically review and1 as appropriate1 revise the rules and regulations issued under paragraph 7#a7 to reflect any significant biological1 environmental1 scientific or engineering data that come to the attention of the ,secretary4 #aac4 ,lease sales 7a7 ,in general ,land may be leased pursuant to this subtitle to any person qualified to obtain a lease for deposits of oil and gas under the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq474 7b7 ,procedures ,the ,secretary shall1 by regulation1 establish procedures for-- 7#a7 receipt and consideration of sealed nominations for any area in the ,coastal ,plain for inclusion in1 or exclusion 7as provided in subsection 7c77 from1 a lease sale2 7#b7 the holding of lease sales after that nomination process2 and 7#c7 public notice of and comment on designation of areas to be included in1 or excluded from1 a lease sale4 7c7 ,lease sale bids ,lease sales under this subtitle may be conducted through an ,internet leasing program1 if the ,secretary determines that such a system will result in savings to the taxpayer1 an increase in the number of bidders participating1 and higher returns than oral bidding or a sealed bidding system4 7d7 ,acreage minimum in first sale ,for the first lease sale under this subtitle1 the ,secretary shall offer for lease those tracts the ,secretary considers to have the greatest potential for the discovery of hydrocarbons1 taking into consideration nominations received pursuant to subsection 7b77#a71 but in no case less than #bjj1jjj acres4 7e7 ,timing of lease sales ,the ,secretary shall-- 7#a7 not later than #bb months after the date of enactment of this ,act1 conduct the first lease sale under this subtitle2 7#b7 not later than #ij days after the date of the completion of such sale1 evaluate the bids in the sale and issue leases resulting from the sale2 and 7#c7 conduct additional lease sales under this subtitle at appropriate intervals if sufficient interest in exploration or development exists to warrant the conduct of the additional sales4 #aad4 ,grant of leases by the ,secretary 7a7 ,in general ,on payment by a lessee of such bonus as may be accepted by the ,secretary1 the ,secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section #aac a lease for any land on the ,coastal ,plain4 7b7 ,subsequent transfers 7#a7 ,in general ,no lease issued under this subtitle may be sold1 exchanged1 assigned1 sublet1 or otherwise transferred except with the approval of the ,secretary4 7#b7 ,condition for approval ,before granting any approval described in paragraph 7#a71 the ,secretary shall consult with and give due consideration to the opinion of the ,attorney ,general4 #aae4 ,lease terms and conditions ,an oil or gas lease issued pursuant to this subtitle shall-- 7#a7 provide for the payment of a royalty of not less than #ab percent of the amount or value of the production removed or sold under the lease1 as determined by the ,secretary in accordance with regulations applicable to other ,federal oil and gas leases2 7#b7 require that each lessee of land within the ,coastal ,plain shall be fully responsible and liable for the reclamation of land within the ,coastal ,plain and any other ,federal land that is adversely affected in connection with exploration1 development1 production1 or transportation activities within the ,coastal ,plain conducted by the lessee or by any of the subcontractors or agents of the lessee2 7#c7 provide that the lessee may not delegate or convey1 by contract or otherwise1 that reclamation responsibility and liability to another person without the express written approval of the ,secretary2 7#d7 provide that the standard of reclamation for land required to be reclaimed under this subtitle shall be1 to the maximum extent practicable-- 7,a7 a condition capable of supporting the uses that the land was capable of supporting prior to any exploration1 development1 or production activities2 or 7,b7 on application by the lessee1 to a higher or better standard1 as approved by the ,secretary2 7#e7 contain terms and conditions relating to protection of fish and wildlife1 fish and wildlife habitat1 subsistence resources1 and the environment as required under section #aab7;g77#a72 7#f7 provide that each lessee1 and each agent and contractor of a lessee1 use their best efforts to provide a fair share of employment and contracting for ,alaska ,natives and ,alaska ,native ,corporations from throughout the ,state of ,alaska1 as determined by the level of obligation previously agreed to in the ,federal ,agreement2 and 7#g7 contain such other provisions as the ,secretary determines to be necessary to ensure compliance with this subtitle and the regulations promulgated under this subtitle4 #aaf4 ,expedited judicial review 7a7 ,filing of complaints 7#a7 ,deadline ,a complaint seeking judicial review of a provision of this subtitle or an action of the ,secretary under this subtitle shall be filed-- 7,a7 except as provided in subparagraph 7,b71 during the #ij-;day period beginning on the date on which the action being challenged was carried out2 or 7,b7 in the case of a complaint based solely on grounds arising after the #ij-;day period described in subparagraph 7,a71 by not later than #ij days after the date on which the complainant knew or reasonably should have known about the grounds for the complaint4 7#b7 ,venue ,a complaint seeking judicial review of a provision of this subtitle or an action of the ,secretary under this subtitle shall be filed in the ,united ,states ,district ,court for the ,district of ,columbia4 7#c7 ,scope 7,a7 ,in general ,judicial review of a decision of the ,secretary relating to a lease sale under this subtitle 7including an environmental analysis of such a lease sale7 shall be-- 7i7 limited to a review of whether the decision is in accordance with this subtitle2 and 7ii7 based on the administrative record of the decision4 7,b7 ,presumptions ,any identification by the ,secretary of a preferred course of action relating to a lease sale1 and any analysis by the ,secretary of environmental effects1 under this subtitle shall be presumed to be correct unless proven otherwise by clear and convincing evidence4 7b7 ,limitation on other review ,any action of the ,secretary that is subject to judicial review under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement4 7c7 ,relationship to other provisions ,subtitle ,b of title ,,ii shall not affect the application of this section4 #aag4 ,rights-of-way and easements across the ,coastal ,plain 7a7 ,in general ,the ,secretary shall issue rights-of-way and easements across the ,coastal ,plain for the transportation of oil and gas-- 7#a7 except as provided in paragraph 7#b71 under section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe71 without regard to title ,,xi of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cafa et seq472 and 7#b7 under title ,,xi of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cafa et seq471 for access authorized by sections #aaaj and #aaaa of that ,act 7#af ,u4,s4,c4 #cagj1 #caga74 7b7 ,regulations ,the ,secretary shall include in regulations under section #aab7;g7 provisions governing the granting of rights-of-way and easements described in subsection 7a74 #aah4 ,conveyance ,notwithstanding section #acjb7;h77#b7 of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caib7;h77#b771 to remove any cloud on title to land1 and to clarify land ownership patterns in the ,coastal ,plain1 the ,secretary shall-- 7#a7 to the extent necessary to fulfill the entitlement of the ,kaktovik ,inupiat ,corporation under sections #ab and #ad of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afaa1 #afac71 as determined by the ,secretary1 convey to that ,corporation the surface estate of the land described in paragraph 7#a7 of ,public ,land ,order #fiei1 in accordance with the terms and conditions of the agreement between the ,secretary1 the ,united ,states ,fish and ,wildlife ,service1 the ,bureau of ,land ,management1 and the ,kaktovik ,inupiat ,corporation1 dated ,january #bb1 #aiic2 and 7#b7 convey to the ,arctic ,slope ,regional ,corporation the remaining subsurface estate to which that ,corporation is entitled under the agreement between that corporation and the ,united ,states1 dated ,august #i1 #aihc4 ,,ii ,revocation of ,energy-,restricting ,,blm ,lockup ,a ,expedited ,shale ,leasing of ,federal ,lands #bja4 ,opening of lands to oil shale leasing 7a7 ,repeal of ,limitation on ,use of ,funds ,section #dcc of division ,f of the ,consolidated ,appropriations ,act1 #bjjh 7,public ,law #aaj-afa2 #aba ,stat4 #baeb7 is repealed4 7b7 ,issuance of ,regulations ,the ,secretary of the ,interior shall issue all regulations necessary to implement section #cfi of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeibg7 with respect to oil shale by not later than #fj days after the date of the enactment of this ,act4 ,such regulations shall include such safeguards and assurances as the ,secretary considers necessary to allow ,states to exercise their regulatory and statutory authorities under ,state law1 consistent with otherwise applicable ,federal law4 7c7 ,leasing of ,oil ,shale ,resource ,immediately after issuing regulations under subsection 7b71 the ,secretary of the ,interior shall-- 7#a7 offer for leasing for research and development of oil shale resources under subsection 7c7 of section #cfi of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeibg71 additional #afj-;acre tracts of lands the ,secretary considers necessary to fulfill the research and development objectives of such ,act2 and 7#b7 offer for leasing for commercial exploration1 development1 and production of oil shale resources under subsection 7e7 of such section1 public lands in ,states for which the ,secretary finds sufficient support and interest as required by that subsection4 ,b ,judicial ,review ,regarding ,energy ,projects #baa4 ,definitions ,in this subtitle3 7#a7 ,the term covered civil action means a civil action containing a claim under section #gjb of title #e1 ,united ,states ,code1 regarding agency action 7as defined for the purposes of that section7 affecting a covered energy project on ,federal lands of the ,united ,states4 7#b7 ,the term covered energy project means any action or decision by the ,president or a ,federal official regarding the leasing of ,federal lands 7including submerged lands7 for the exploration1 development1 production1 processing1 or transmission of oil1 natural gas1 or any other source or form of energy1 including actions and decisions regarding the selection or offering of ,federal lands for such leasing1 or any action under such a lease1 except that the term does not include any disputes between the parties to a lease regarding the obligations under such lease1 including regarding any alleged breach of the lease4 #bab4 ,jurisdiction over causes and claims relating to covered energy projects ,venue for any covered civil action shall lie in the district court where a project or lease tract exists or is proposed4 #bac4 ,time for filing complaint ,all causes and claims arising from a covered energy project must be filed not later than the end of the #ij-;day period beginning on the date of the action or decision by a ,federal official that constitutes the covered energy project concerned4 ,any cause or claim not filed within that time period shall be barred4 #bad4 ,expedition in hearing and determining the action ,the court shall endeavor to hear and determine any covered civil action as expeditiously as possible4 #bae4 ,standard of review ,in any judicial review of a covered civil action1 administrative findings and conclusions relating to the challenged ,federal action or decision shall be presumed to be correct1 and the presumption may be rebutted only by clear and convincing evidence contained in the administrative record4 #baf4 ,limitation on injunction and prospective relief ,in a covered civil action1 the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn1 extends no further than necessary to correct the violation of a legal requirement1 and is the least intrusive means necessary to correct that violation4 ,in addition1 a court shall limit the duration of a preliminary injunction to halt a covered energy projects to no more than #fj days1 unless the court finds clear reasons to extend the injunction4 ,in such case of an extension1 such extension shall only be in a #cj-;day increment and shall require action by the court to renew the injunction4 #bag4 ,limitation on ,attorneys' fees ,sections #ejd of title #e1 ,united ,states ,code1 and #bdab of title #bh1 ,united ,states ,code1 7together commonly called the ,equal ,access to ,justice ,act7 do not apply to a covered civil action1 nor shall any party in such a covered civil action receive payment from the ,federal ,government for their attorneys' fees1 expenses1 and other court costs4 #bah4 ,legal standing ,challengers filing appeals with the ,department of the ,interior ,board of ,land ,appeals shall meet the same standing requirements as challengers before a ,united ,states district court4 ,c ,permitting reform #bba4 ,purposes ,the purposes of this subtitle are to-- 7#a7 respond to the ,nation's increased need for domestic energy resources2 7#b7 facilitate interagency coordination and cooperation in the processing of permits required to support oil and gas use authorization on ,federal lands1 both onshore and on the ,outer ,continental ,shelf1 in order to achieve greater consistency1 certainty1 and timeliness in permit processing requirements2 7#c7 promote process streamlining and increased interagency efficiency1 including elimination of interagency duplication of effort2 7#d7 improve information sharing among agencies and understanding of respective agency roles and responsibilities2 7#e7 promote coordination with ,state agencies with expertise and responsibilities related to ,federal oil and gas permitting decisions2 7#f7 promote responsible stewardship of ,federal oil and gas resources2 7#g7 maintain high standards of safety and environmental protection2 and 7#h7 enhance the benefits to ,federal permitting already occurring as a result of a coordinated and timely interagency process for oil and gas permit review for certain ,federal oil and gas leases4 #bbb4 ,federal ,coordinator 7a7 ,establishment ,there is established1 as an independent agency in the ,executive ,branch1 the ,office of the ,federal ,oil and ,gas ,permit ,coordinator4 7b7 ,federal ,permit ,coordinator ,the ,office shall be headed by a ,federal ,permit ,coordinator1 who shall be appointed by the ,president within #ij days after the date of enactment of this ,act4 7c7 ,duties ,the ,federal ,permit ,coordinator shall be responsible for the following3 7#a7 ,coordinating the timely completion of all permitting activities by ,federal agencies1 and ,state agencies to the maximum extent practicable1 with respect to any oil and gas project under a ,federal lease issued pursuant to the mineral leasing laws1 either onshore or on the ,outer ,continental ,shelf1 including 7for purposes of this subtitle only7 any oil shale project under a ,federal oil shale lease4 7#b7 ,ensuring the compliance of ,federal agencies1 and ,state agencies to the extent they participate1 with this subtitle4 #bbc4 ,regional offices and ,regional ,permit ,coordinators 7a7 ,regional offices ,within #ij days after the date of appointment of the ,federal ,permit ,coordinator1 the ,secretary of the ,interior1 in consultation with the ,federal ,permit ,coordinator1 shall establish regional offices to coordinate review of ,federal permits for oil and gas projects on ,federal lands onshore and on the ,outer ,continental ,shelf4 7b7 ,number and location of regional offices ,the number of regional offices shall be established by the ,secretary in consultation with the ,federal ,permit ,coordinator4 ,the ,secretary shall ensure that there is an adequate number of offices in each region proximate to available ,federal oil and gas lease tracts onshore and on the ,outer ,continental ,shelf to meet the demands for expeditious permitting in that region4 ,the ,secretary shall designate as regional offices under this section all offices established under section #cfe of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeibd74 7c7 ,memorandum of understanding ,within #ij days after the appointment of the ,federal ,permit ,coordinator1 the ,federal ,permit ,coordinator1 the ,secretary1 the ,secretary of ,agriculture1 the ,secretary of ,commerce1 the ,secretary of ,homeland ,security1 the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of ,defense1 and the head of any other ,federal agency with responsibilities related to permitting of ,federal oil and gas leases1 shall enter into a memorandum of understanding establishing respective duties and responsibilities for staffing the regional offices and accomplishing the objectives of this section4 7d7 ,designation of qualified staff 7#a7 ,in general ,not later than #cj days after the date of signing of the ,,mou1 all ,federal signatory agencies shall assign to each regional office the appropriate employees with expertise in the oil and gas permitting issues relating to that office1 including1 but not limited to1 with respect to-- 7,a7 consultation and preparation of biological opinions under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf72 7,b7 permits under section #djd of ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd72 7,c7 regulatory matters under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,d7 planning under the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a et seq472 7,e7 the preparation of analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,f7 applications for permits to drill under the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq472 and 7,g7 exploration plans and development and production plans under the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq474 7#b7 ,preference and incentives ,to the maximum extent practicable1 for purposes of this subsection1 ,federal agencies shall give preference to employees volunteering for reassignment to the regional offices1 and shall offer incentives to attract and retain regional office employees1 including1 but not limited to1 retaining contract employees1 rotational assignments1 salary incentives of up to #abj percent of an employee's existing salary immediately prior to reassignment1 or any combination of strategies4 7e7 ,duties ,each employee assigned under subsection 7d7 shall-- 7#a7 within #ij days after the date of assignment1 report to the regional office to which the employee is assigned2 7#b7 be responsible for all issues relating to the jurisdiction of the home office or agency of the employee2 and 7#c7 participate as part of the team working on proposed oil and gas projects1 planning1 and environmental analyses4 7f7 ,creation of and delegation of authority to regional permit coordinators ,the ,federal ,permit ,coordinator shall appoint a ,regional ,permit ,coordinator to be located within each regional office established under this section1 with full authority to act on behalf of the ,federal ,permit ,coordinator4 7g7 ,additional personnel ,the ,federal ,permit ,coordinator or ,regional ,permit ,coordinators may at any time direct that any ,federal agency party to the ,,mou under subsection 7c7 assign additional staff required to implement the duties of the regional offices4 #bbd4 ,reviews and actions of ,federal agencies 7a7 ,schedules for timely permit decisionmaking ,within #aj days after the date on which the ,secretary receives any oil and gas permit application or amended application1 the ,secretary shall either notify the applicant that the application is complete or notify the applicant that information is missing and specify the information that is required to be submitted for the application to be complete4 ,within #cj days after notifying a permit applicant that an application is complete1 the ,secretary1 in consultation with the permit applicant as necessary1 shall determine and inform the ,regional ,permit ,coordinator responsible for that project area whether the proposed permit is a class ,i1 class ,,ii1 or class ,,iii permit4 ,the ,regional ,permit ,coordinator shall as soon as possible but in no event later than #cj days following the ,secretary's determination establish a binding schedule to ensure the most expeditious possible review and processing of the requested permit1 in accordance with this section4 7b7 ,permit classes and schedules 7#a7 ,class ,i permits ,an oil and gas permit shall be designated as a class ,i permit under this section if the permitted activity is of a nature that would typically require preparation of an environmental impact statement under ,,nepa to inform the permitting decision4 ,for such permits1 the ,regional ,permit ,coordinator shall establish a schedule for timely completion of all permit reviews and processing1 not to exceed #cj months4 ,the ,regional ,permit ,coordinator shall make the schedule publicly available within #aj days after the schedule is established4 7#b7 ,class ,,ii permits ,an oil and gas permit shall be designated as a class ,,ii permit under this section if the permitted activity is of a nature that would typically be found not to significantly affect the quality of the human environment under ,,nepa4 ,for such permits1 the ,regional ,permit ,coordinator shall establish the most expeditious schedule possible for completion of all permit reviews and processing1 not to exceed #ij days4 ,the ,regional ,permit ,coordinator may grant a one-time extension of that schedule1 not to exceed #fj days1 upon a good cause showing that additional time is necessary to complete permit decisions4 ,not later than #ae days after establishing or extending any schedule for a class ,,ii permit1 the ,regional ,permit ,coordinator shall provide the permit applicant with the schedule4 7#c7 ,class ,,iii permits ,notwithstanding paragraphs 7#a7 and 7#b71 an oil and gas permit shall be designated as a class ,,iii permit under this section if the permitted activity either qualifies for a statutory or regulatory categorical exclusion under ,,nepa or if the requirements under ,,nepa and other applicable law for the permit have been completed within #cj days after the date of a complete application4 ,for such permits1 the permit shall be issued within #cj days after the date of a complete application4 7#d7 ,reclassification of class ,,ii permit ,if prior to the expiration of the established schedule for a class ,,ii permit newly discovered information indicates that the class ,,ii permit will significantly affect the quality of the human environment1 the ,secretary may1 in consultation with the permit applicant1 reclassify the permit as a class ,i permit under paragraph 7#a71 and the ,regional ,coordinator shall establish an amended schedule that complies with the provisions of that paragraph4 7c7 ,reporting ,the ,regional ,permit ,coordinators shall include data on all schedule timing and compliance in their reports to the ,federal ,permit ,coordinator required under subsection 7i71 who shall include such data in the report to the ,president and ,congress required under subsection 7i74 7d7 ,dispute resolution ,the ,regional ,permit ,coordinator shall resolve all administrative issues that affect oil and gas permit reviews4 ,the ,regional ,permit ,coordinator shall report jointly to the ,federal ,permit ,coordinator and to the head of the relevant action agency1 or his or her designee1 for resolution of any issue regarding an oil and gas permit that may result in missing the schedule deadlines established pursuant to subsection 7b74 ,the ,regional ,permit ,coordinators shall include data regarding the incidence and resolution of disputes under this subsection in their reports to the ,federal ,permit ,coordinator required under subsection 7i71 who shall include such reported data and develop recommendations in the report to the ,president and ,congress required under subsection 7i74 7e7 ,remedies ,an applicant for a class ,i permit may bring a cause of action to seek expedited mandamus review1 if a ,regional ,permit ,coordinator or the ,secretary fails to-- 7#a7 establish a schedule in accordance with subsection 7b72 7#b7 enforce and ensure completion of reviews within schedule deadlines2 or 7#c7 take all actions as are necessary and proper to avoid jeopardizing the timely completion of the entire schedule4 ,if an agency fails to complete its review of and issue a decision upon a permit within the schedule established by the court1 that permit shall be deemed granted to the applicant4 7f7 ,prohibition of certain terms and conditions ,no ,federal agency may include in any permit1 right-of-way1 or other authorization issued for an oil and gas project subject to the provisions of this subtitle1 any term or condition that may be authorized1 but is not required1 by the provisions of any applicable law1 if the ,federal ,permit ,coordinator determines that such term or condition would prevent or impair in any significant respect completion of a permit review within the time schedule established pursuant to subsection 7b7 or would otherwise impair in any significant respect expeditious oil and gas development4 7g7 ,consolidated record ,the ,federal ,permit ,coordinator1 acting through the appropriate ,regional ,permit ,coordinator1 with the cooperation of ,federal and ,state administrative officials and agencies1 shall maintain a complete1 consolidated record of all decisions made or actions taken by the ,federal ,permit ,coordinator or ,regional ,permit ,coordinator or by any ,federal agency with respect to any oil and gas permit4 7h7 ,relationship to ,,nepa and ,energy ,policy ,act of #bjje 7#a7 ,section #cij7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeidb7;a77 is amended-- 7,a7 by striking rebuttable presumption that the use of a2 and 7,b7 by striking would apply4 7#b7 ,section #ag7p7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7p77 is repealed4 7i7 ,additional powers and responsibilities 7#a7 ,regional ,permit ,coordinator reports ,the ,regional ,permit ,coordinators shall each submit a report to the ,federal ,permit ,coordinator by ,december #ca of each year that documents each office's performance in meeting the objectives under this subtitle1 including recommendations to further streamline the permitting process4 7#b7 ,redirection of priorities or resources ,in order to expedite overall permitting activity1 the ,federal ,permit ,coordinator may redirect the priority of regional office activities or the allocation of resources among such offices1 and shall engage the agencies that are parties to the ,,mou to the extent such adjustments implicate their respective staffs or resources4 7#c7 ,report to congress ,beginning #c years after the date of enactment of this ,act1 the ,federal ,permit ,coordinator shall prepare and submit a report to the ,president and ,congress by ,april #ae of each year that outlines the results achieved under this subtitle and makes recommendations to the ,president and ,congress for further improvements in processing oil and gas permits on ,federal lands4 #bbe4 ,state coordination ,the ,governor of any ,state wherein an oil and gas operation may require a ,federal permit1 or the coastline of which is in immediate geographic proximity to oil and gas operations on the ,outer ,continental ,shelf1 may be a signatory to the ,,mou for purposes of fulfilling any ,state responsibilities with respect to ,federal oil and gas permitting decisions4 ,the ,regional ,permit ,coordinators shall facilitate and coordinate concurrent ,state reviews of requested permits for oil and gas projects on the ,outer ,continental ,shelf4 #bbf4 ,savings provision ,except as expressly stated1 nothing in this subtitle affects-- 7#a7 the applicability of any ,federal or ,state law2 or 7#b7 any delegation of authority made by the head of a ,federal agency the employees of which are participating in the implementation of this section4 #bbg4 ,administrative and judicial review 7a7 ,administrative review ,any oil and gas permitting decision for ,federal lands onshore or on the ,outer ,continental ,shelf that was issued in accordance with the procedures established by this subtitle shall not be subject to further administrative review within the respective ,federal agency responsible for that decision1 and shall be the final decision of that agency for purposes of judicial review4 7b7 ,exclusive jurisdiction over permit decisions ,only the ,united ,states ,district ,court for the ,district of ,columbia shall have original jurisdiction over any civil action for the review of such a permit decision4 7c7 ,limitations on claims ,notwithstanding any other provision of law1 any action arising under ,federal law seeking judicial review of a permit1 license1 or approval issued by a ,federal agency for an oil and gas permit subject to this subtitle shall be barred unless it is filed within #ij days after the date of the decision4 ,nothing in this subtitle creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit1 license1 or approval4 7d7 ,filing of record ,when any civil action is brought pursuant to this subtitle1 the ,federal ,permit ,coordinator shall immediately prepare for the court a consolidated record4 7e7 ,expedited review ,the court shall endeavor to hear and determine any action for judicial review challenging a decision approved pursuant to this section as expeditiously as possible4 7f7 ,expedited mandamus review ,notwithstanding subsection 7e71 within #cj days after the filing of an action challenging or seeking to enforce an established permit review schedule for a class ,i permit1 the court shall issue a decision either compelling permit issuance or sanctioning the delay and establishing a new schedule that enables the most expeditious possible completion of proceedings4 ,in rendering its decision1 the court shall review whether the agencies subject to the schedule have been acting in good faith1 whether the permit applicant has been cooperating fully with the agencies that are responsible for issuing the requested permits1 and any other relevant matters4 ,the court may issue orders to enforce any schedule it establishes under this subsection4 7g7 ,no private right of action ,this subtitle shall not be construed to create any additional right1 benefit1 or trust responsibility1 substantive or procedural1 enforceable at law or equity1 by a person against the ,united ,states1 its agencies1 its officers1 or any person4 7h7 ,finality of leasing decisions ,notwithstanding the provisions of any law or regulation to the contrary1 a decision by the ,department of the ,interior to issue a ,final ,notice of ,sale and proceed with an oil and gas lease sale pursuant to any mineral leasing law shall not be subject to further administrative review within the ,department of the ,interior1 and shall be the final decision of the agency for purposes of judicial review4 #bbh4 ,amendments to publication process ,section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7 is amended-- 7#a7 by amending subsection 7c77#b7 to read as follows3 7#b7 ,the ,secretary shall publish a proposed leasing program in the ,federal ,register1 and shall submit a copy of such proposed program to the ,governor of each affected ,state1 for review and comment4 ,the ,governor of a ,state may solicit comments from those executives of local governments of the ,state that the ,governor1 in the ,governor's discretion1 determines will be affected by the proposed program4 2 7#b7 by striking subsection 7c77#c72 and 7#c7 in subsection 7d77#b7 by inserting final after proposed4 #bbi4 ,definitions ,in this subtitle3 7#a7 ,,mou ,the term ,,mou means the memorandum of understanding entered into under section #bbc7;c74 7#b7 ,,nepa ,the term ,,nepa means the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 ,,iii ,relief ,from ,regulations and ,prohibitions that ,cause ,artificial ,price ,increases ,a ,relief from ,,epa climate change regulations and ,federal prohibitions on synthetic fuels #cja4 ,repeal of ,,epa climate change regulation 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,greenhouse gas ,the term greenhouse gas means any of the following3 7,a7 ,carbon dioxide4 7,b7 ,methane4 7,c7 ,nitrous oxide4 7,d7 ,sulfur hexafluoride4 7,e7 ,any hydrofluorocarbon4 7,f7 ,any perfluorocarbon4 7,g7 ,nitrogen trifluoride4 7,h7 ,any other substance subject to regulation1 action1 or consideration due to the contribution of the substance to climate change4 7#c7 ,stationary source ,the term stationary source has the meaning given the term in section #cjb of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjb74 7b7 ,regulation of greenhouse gases 7#a7 ,regulation1 action1 and consideration for effects other than climate change 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,president or the head of a ,federal department or agency may not promulgate regulations providing for the control of emissions of a greenhouse gas1 enforce or implement any law 7including a regulation7 enacted or promulgated as of the date of enactment of this ,act that provides for the control of emissions of a greenhouse gas1 take action relating to or take into consideration the climate effects of emissions of a greenhouse gas1 consider climate effects in implementing or enforcing any law 7including a regulation71 or condition or deny any approval based on climate effects4 7,b7 ,exception ,the limitation under subparagraph 7,a7 does not prohibit-- 7i7 regulation of1 action with respect to1 or consideration of a greenhouse gas under title ,,vi of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfga et seq47 other than for the potential or actual effect of the greenhouse gas on climate change2 or 7ii7 voluntary incentive programs to promote the development or deployment of technologies that reduce greenhouse gas emissions4 7,c7 ,exclusive authority2 ,,cafe regulations2 challenges to rules 7i7 ,exclusive authority ,the authority of the ,secretary of ,transportation under chapter #cbi of title #di1 ,united ,states ,code-- 7,i7 does not include any authority with respect to greenhouse gases2 and 7,,ii7 is unaffected by this section4 7ii7 ,,cafe regulations ,notwithstanding any provision to the contrary in this ,act1 the requirements set forth in the final rule entitled ,light-,duty ,vehicle ,greenhouse ,gas ,emission ,standards and ,corporate ,average ,fuel ,economy ,standards2 ,final ,rule 7#ge ,fed4 ,reg4 #becbd 7,may #g1 #bjaj771 and the final rule entitled #bjag and ,later ,model ,year ,light-,duty ,vehicle ,greenhouse ,gas ,emissions and ,corporate ,average ,fuel ,economy ,standards 7#gg ,fed4 ,reg4 #fbfbd 7,october #ae1 #bjab771 shall remain in effect without further modification or revision4 7iii7 ,challenges to rules ,nothing in this paragraph affects-- 7,i7 any challenge to the final rule described in clause 7ii7 that-- 7aa7 as of the date of enactment of this ,act1 is pending in court2 or 7bb7 is filed after that date of enactment2 or 7,,ii7 any pending or future challenge to any current or future rules promulgated under the authority referred to in clause 7i74 7,d7 ,certain prior agency actions ,except as provided in subparagraph 7,c71 each rule promulgated and action taken by the ,administrator before the date of enactment of this ,act to regulate greenhouse gases for effects relating to atmospheric concentrations of greenhouse gases 7including climate change71 shall have no force or effect4 7,e7 ,regulation under other provisions 7i7 ,in general ,neither the regulations referred to in subparagraph 7,c77ii7 nor any other provision of law 7including a regulation7 or action relating to greenhouse gases shall-- 7,i7 have any impact on the regulation of stationary sources under title ,i of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 or 7,,ii7 be considered to be the regulation of pollutants under that ,act 7#db ,u4,s4,c4 #gdja et seq47 for any purpose 7other than for the regulation of greenhouse gas emissions for light-duty motor vehicles from model years #bjab and later1 as required by the rules described in subparagraph 7,c77ii771 including for the purpose of issuing permits or establishing regulatory standards4 7ii7 ,requests for waivers ,section #bji7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gedc7;b77 is amended by adding at the end the following3 7#d7 ,requests for waivers ,notwithstanding any other provision of this ,act or any other law-- 7,a7 no request for a waiver of the application of this section by any ,state for standards to control emissions of any air pollutant that is a greenhouse gas 7as defined in section #cja of the ,energy ,security and ,employment ,act7 from new motor vehicles or new motor vehicle engines of model year #bjag or later may be granted by the ,administrator2 and 7,b7 no grant of any waiver by the ,administrator before the date of enactment of this paragraph shall be considered by the ,administrator1 the requesting ,state1 or any court as waiving the application of subsection 7a71 or any other provision of this section1 to standards adopted by the ,state for control of emissions of any air pollutant that is a greenhouse gas 7as defined in section #cja of the ,energy ,security and ,employment ,act7 from new motor vehicles or new motor vehicle engines of model year #bjag or later4 4 7,f7 ,impacts on ,state laws 7i7 ,in general ,any provision of a ,state implementation plan designating greenhouse gases as pollutants that are subject to regulation or as regulated pollutants1 or otherwise authorizing or requiring limitations on the emission of greenhouse gases under ,state law-- 7,i7 shall not be federally enforceable2 7,,ii7 shall not be deemed to be ,federal law2 and 7,,iii7 shall be deemed to be stricken from the ,state implementation plan4 7ii7 ,authority of ,states 7,i7 ,in general ,subject to subclause 7,,ii71 nothing in this section affects any ,state law 7including a regulation7 or the authority of any ,state to adopt a law or promulgate a regulation4 7,,ii7 ,authority of ,administrator ,notwithstanding subclause 7,i71 the ,administrator shall have no authority to approve or make federally enforceable any provision of a ,state implementation plan requiring the control of greenhouse gas emissions4 7,,iii7 ,amendment of existing laws ,if1 as a result of the regulations described in subparagraph 7,d71 a ,state adopted any law 7including a regulation7 designating greenhouse gases as pollutants that are subject to regulation or as regulated pollutants1 or authorizing or requiring limitations on the emission of greenhouse gases under ,state law1 the ,state may amend the adopted law to remove any restrictions on greenhouse gas emissions4 7iii7 ,federalization of ,,sip requirements ,the ,administrator shall have no authority to approve or make federally enforceable any provision of a ,state implementation plan requiring the control of greenhouse gas emissions4 7,g7 ,presidential findings and conclusions ,except as authorized by this paragraph or another ,act of ,congress1 the ,president or the head of a ,federal department or agency may not examine or make findings or conclusions1 for purposes of promulgating or issuing policy1 guidance1 or regulations to address the impacts of greenhouse gas emissions on climate change4 7,h7 ,judicial review 7i7 ,in general ,in addition to any other remedies available1 any person affected by a regulation1 action1 or consideration concerning the control of emissions of a greenhouse gas that fails to meet the criteria described in subparagraph 7,a7 may challenge the regulation1 action1 or consideration4 7ii7 ,jurisdiction ,the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have exclusive jurisdiction over any review of any ,federal1 ,state1 or other regulation1 action1 or consideration challenged under clause 7i74 7#b7 ,actions at law ,no cause of action1 whether based on common law or civil tort 7including nuisance7 or any other legal or equitable theory1 may be brought or maintained1 and no liability1 money damages1 or injunctive relief arising from such an action may be imposed1 for-- 7,a7 any potential or actual contribution of a greenhouse gas to climate change2 or 7,b7 any direct or indirect effect of potential or actual atmospheric concentrations of a greenhouse gas4 7#c7 ,allowances ,no ,state shall have authority-- 7,a7 to require any entity to procure1 hold1 or surrender allowances for the emission of greenhouse gases that takes place outside of the ,state2 or 7,b7 to otherwise-- 7i7 regulate or tax1 directly or indirectly1 greenhouse gas emissions produced outside of the ,state2 or 7ii7 to otherwise limit the importation of products or electricity into the ,state based on greenhouse gas emissions occurring outside the ,state4 #cjb4 ,repeal of ,federal ban on synthetic fuels purchasing requirement ,section #ebf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agadb7 is repealed4 #cjc4 ,elimination of boutique fuels 7a7 ,elimination of ,multiple ,fuels ,section #baa7;c77#d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7;c77#d77 is amended to read as follows3 7#d7 ,after the date of the enactment of the ,energy ,security and ,employment ,act no ,state 7or political subdivision thereof7 may prescribe or attempt to enforce any control or prohibition respecting any characteristic or component of a fuel or fuel additive in a motor vehicle or motor vehicle engine4 ,any such control or prohibition adopted before such date of enactment shall cease to have any force and effect on the date that is #c years after such date of enactment4 4 7b7 ,conventional ,gasoline ,section #baa7k7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7k77 is amended to read as follows3 7k7 ,conventional ,gasoline ,required ,throughout ,entire ,nation ,the ,administrator shall promulgate regulations under this subsection requiring that all gasoline sold or introduced into commerce in the ,united ,states 7except the noncontiguous ,states and territories7 after the date that is #c years after the date of the enactment of the ,energy ,security and ,employment ,act for use in a motor vehicle or motor vehicle engine be conventional gasoline4 ,as used in this section1 the term conventional gasoline means a single blend of gasoline identified in regulations of the ,administrator with a uniform chemical composition in all regions of the country that is identical to the chemical composition of the gasoline most widely sold in the ,united ,states before the date of the enactment of the ,energy ,security and ,employment ,act in areas other than nonattainment areas4 4 7c7 ,oxygenated ,fuels ,subsection 7m7 of section #baa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7 is repealed4 ,b ,refinery reform #caa4 ,refinery permitting process 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,expansion ,the term expansion means a physical change that results in an increase in the capacity of a refinery4 7#c7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#d7 ,permit ,the term permit means any permit1 license1 approval1 variance1 or other form of authorization that a refiner is required to obtain-- 7,a7 under any ,federal law2 or 7,b7 from a ,state or ,indian tribal government agency delegated authority by the ,federal ,government1 or authorized under ,federal law1 to issue permits4 7#e7 ,refiner ,the term refiner means a person that-- 7,a7 owns or operates a refinery2 or 7,b7 seeks to become an owner or operator of a refinery4 7#f7 ,refinery 7,a7 ,in general ,the term refinery means-- 7i7 a facility at which crude oil is refined into transportation fuel or other petroleum products2 or 7ii7 a coal liquification or coal-to-liquid facility at which coal is processed into synthetic crude oil or any other fuel4 7,b7 ,inclusions ,the term refinery includes an expansion of a refinery4 7#g7 ,refinery permitting agreement ,the term refinery permitting agreement means an agreement entered into between the ,administrator and a ,state or ,indian tribe under subsection 7b74 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#i7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7b7 ,streamlining of refinery permitting process 7#a7 ,in general ,at the request of the ,governor of a ,state or the governing body of an ,indian tribe1 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 section4 7#b7 ,authority of ,administrator ,under a refinery permitting agreement the ,administrator shall have authority1 as applicable and necessary1 to-- 7,a7 accept from a refiner a consolidated application for all permits that the refiner is required to obtain to construct and operate a refinery2 7,b7 in consultation and cooperation with each ,federal1 ,state1 or ,indian tribal government agency that is required to make any determination to authorize the issuance of a permit1 establish a schedule under which each agency shall-- 7i7 concurrently consider1 to the maximum extent practicable1 each determination to be made2 and 7ii7 complete each step in the permitting process2 and 7,c7 issue a consolidated permit that combines all permits issued under the schedule established under subparagraph 7,b74 7#c7 ,agreement by the ,state ,under a refinery permitting agreement1 a ,state or governing body of an ,indian tribe shall agree that-- 7,a7 the ,administrator shall have each of the authorities described in paragraph 7#b72 and 7,b7 each ,state or ,indian tribal government agency shall-- 7i7 in accordance with ,state law1 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 agencies2 and 7ii7 comply1 to the maximum extent practicable1 with the applicable schedule established under paragraph 7#b77;,b74 7#d7 ,deadlines 7,a7 ,new refineries ,in the case of a consolidated permit for the construction of a new refinery1 the ,administrator and the ,state or governing body of an ,indian tribe shall approve or disapprove the consolidated permit not later than-- 7i7 #cfj days after the date of the receipt of the administratively complete application for the consolidated permit2 or 7ii7 on agreement of the applicant1 the ,administrator1 and the ,state or governing body of the ,indian tribe1 #ij days after the expiration of the deadline established under clause 7i74 7,b7 ,expansion of existing refineries ,in the case of a consolidated permit for the expansion of an existing refinery1 the ,administrator and the ,state or governing body of an ,indian tribe shall approve or disapprove the consolidated permit not later than-- 7i7 #abj days after the date of the receipt of the administratively complete application for the consolidated permit2 or 7ii7 on agreement of the applicant1 the ,administrator1 and the ,state or governing body of the ,indian tribe1 #cj days after the expiration of the deadline established under clause 7i74 7#e7 ,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 paragraph 7#b77;,b74 7#f7 ,judicial review ,any civil action for review of any 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 located4 7#g7 ,efficient permit review ,in order to reduce the duplication of procedures1 the ,administrator shall use ,state permitting and monitoring procedures to satisfy substantially equivalent ,federal requirements under this subtitle4 7#h7 ,severability ,if #a or more permits that are required for the construction or operation of a refinery are not approved on or before any deadline established under paragraph 7#d71 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 approved4 7#i7 ,savings ,nothing in this subsection affects the operation or implementation of otherwise applicable law regarding permits necessary for the construction and operation of a refinery4 7#aj7 ,consultation with local governments ,congress encourages the ,administrator1 ,states1 and tribal governments to consult1 to the maximum extent practicable1 with local governments in carrying out this subsection4 7#aa7 ,effect on local authority ,nothing in this subsection affects-- 7,a7 the authority of a local government with respect to the issuance of permits2 or 7,b7 any requirement or ordinance of a local government 7such as a zoning regulation74 7c7 ,fischer-,tropsch fuel 7#a7 ,in general ,in cooperation with the ,secretary of ,energy1 the ,secretary of ,defense1 the ,administrator of the ,federal ,aviation ,administration1 the ,secretary of ,health and ,human ,services1 and ,fischer-,tropsch industry representatives1 the ,administrator shall-- 7,a7 conduct a research and demonstration program to evaluate the air quality benefits of ultra-clean ,fischer-,tropsch transportation fuel1 including diesel and jet fuel2 7,b7 evaluate the use of ultra-clean ,fischer-,tropsch transportation fuel as a mechanism for reducing engine exhaust emissions2 and 7,c7 submit recommendations to ,congress on the most effective use and associated benefits of this ultra-clean fuel for reducing public exposure to exhaust emissions4 7#b7 ,guidance and technical support ,the ,administrator shall1 to the extent necessary1 issue any guidance or technical support documents that would facilitate the effective use and associated benefit of ,fischer-,tropsch fuel and blends4 7#c7 ,requirements ,the program described in paragraph 7#a7 shall consider-- 7,a7 the use of neat 7#ajj percent7 ,fischer-,tropsch fuel and blends with conventional crude oil-derived fuel for heavy-duty and light-duty diesel engines and the aviation sector2 and 7,b7 the production costs associated with domestic production of this ultra-clean fuel and prices for consumers4 7#d7 ,reports ,the ,administrator shall submit to the ,committee on ,environment and ,public ,works and the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives-- 7,a7 not later than #a year after the date of enactment of this ,act1 an interim report on actions taken to carry out this subsection2 and 7,b7 not later than #b years after the date of enactment of this ,act1 a final report on actions taken to carry out this subsection4 #cab4 ,existing refinery permit application deadline ,notwithstanding any other provision of law1 applications for a permit for existing refinery applications shall not be considered to be timely if submitted after #abj days after the date of enactment of this ,act4