,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dcjd ,,in ,,the ,,house ,,of ,,representatives ,march #bf1 #bjad ,mr4 ,scalise 7for himself1 ,mrs4 ,black1 ,mr4 ,mc,henry1 ,mr4 ,mulvaney1 ,mr4 ,brady of ,texas1 ,mr4 ,flores1 ,mr4 ,luetkemeyer1 ,mr4 ,roe of ,tennessee1 ,mr4 ,pitts1 ,mr4 ,byrne1 ,mr4 ,lankford1 ,mrs4 ,lummis1 ,mr4 ,austin ,scott of ,georgia1 ,mr4 ,huizenga of ,michigan1 ,mr4 ,lamborn1 ,mrs4 ,blackburn1 ,mr4 ,franks of ,arizona1 ,mr4 ,sessions1 ,mr4 ,hudson1 ,mr4 ,barton1 ,mr4 ,duncan of ,south ,carolina1 ,mr4 ,wilson of ,south ,carolina1 ,mr4 ,chabot1 ,mr4 ,rice of ,south ,carolina1 ,mr4 ,bentivolio1 ,mr4 ,salmon1 ,mr4 ,rooney1 ,mr4 ,yoho1 ,mr4 ,weber of ,texas1 ,mr4 ,harris1 and ,mr4 ,des,jarlais7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on the ,budget1 ,small ,business1 ,education and the ,workforce1 ,oversight and ,government ,reform1 the ,judiciary1 ,energy and ,commerce1 ,transportation and ,infrastructure1 ,science1 ,space1 and ,technology1 ,rules1 ,financial ,services1 ,agriculture1 and ,ways and ,means1 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 make certain repeals and revisions to ,federal labor laws1 to decrease the regulatory burdens on small businesses1 to provide for comprehensive energy reform1 and to amend the securities laws to streamline access to capital4 #a4 ,short title ,this ,act may be cited as the ,jumpstarting ,opportunities with ,bold ,solutions ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,division ,i--,labor ,title ,i--,repeal of ,davis-,bacon ,act ,sec4 #aja4 ,repeal of ,davis-,bacon wage requirements4 ,sec4 #ajb4 ,effective date and limitation4 ,title ,,ii--,union contract not a bar to higher wages ,sec4 #bja4 ,payment of higher wages4 ,title ,,iii--,repeal of provisions relating to official time of ,federal employees for purposes of union organizing ,sec4 #cja4 ,repeal of certain provisions relating to official time of ,federal employees for purposes of union organizing4 ,title ,,iv--,rulemaking1 investigative1 and adjudicative authority of the ,national ,labor ,relations ,board ,sec4 #dja4 ,authorities of the ,national ,labor ,relations ,board4 ,sec4 #djb4 ,regulations4 ,division ,,ii--,deregulation ,title ,v--,uniform cost-benefit analysis of regulations ,sec4 #eja4 ,uniform use of cost-benefit analysis4 ,sec4 #ejb4 ,congressional review4 ,title ,,vi--,periodic review and termination of regulations ,sec4 #fja4 ,review of regulations4 ,sec4 #fjb4 ,rules covered4 ,sec4 #fjc4 ,criteria for sunset review4 ,sec4 #fjd4 ,sunset review procedures4 ,sec4 #fje4 ,review deadlines for covered rules4 ,sec4 #fjf4 ,sunset review notices and agency reports4 ,sec4 #fjg4 ,designation of agency regulatory review officers4 ,sec4 #fjh4 ,relationship to the ,administrative ,procedure ,act4 ,sec4 #fji4 ,effect of termination of a covered rule4 ,sec4 #faj4 ,judicial review4 ,sec4 #faa4 ,definitions4 ,sec4 #fab4 ,sunset of this title4 ,title ,,vii--,regulation costs to small businesses and ,grace period for regulatory violations ,sec4 #gja4 ,small ,business ,administration study on the cost of ,federal regulations4 ,sec4 #gjb4 ,grace period for regulatory violations4 ,title ,,viii--,major ,rules of the ,executive ,branch ,be ,approved ,by ,congress ,sec4 #hja4 ,congressional review of agency rulemaking4 ,sec4 #hjb4 ,budgetary effects of rules subject to section #hjb of title #e1 ,united ,states ,code4 ,sec4 #hjc4 ,government ,accountability ,office study of rules4 ,title ,,ix--,simplification of ,mergers1 ,acquisitions and ,sales of ,small ,business ,sec4 #ija4 ,registration exemption for merger and acquisition brokers4 ,division ,,iii--,energy ,title ,x--,offshore ,energy and ,jobs ,act ,sec4 #ajja4 ,short title4 ,subtitle ,a--,outer ,continental ,shelf ,leasing ,program ,reforms ,sec4 #ajaa4 ,outer ,continental ,shelf leasing program reforms4 ,sec4 #ajab4 ,domestic oil and natural gas production goal4 ,sec4 #ajac4 ,development and submittal of new #e-year oil and gas leasing program4 ,sec4 #ajad4 ,rule of construction4 ,subtitle ,b--,directing the ,president ,to ,conduct ,new ,,ocs ,sales in ,virginia1 ,south ,carolina1 and ,california ,sec4 #ajba4 ,requirement to conduct proposed oil and gas ,lease ,sale #bbj on the ,outer ,continental ,shelf offshore ,virginia4 ,sec4 #ajbb4 ,south ,carolina lease sale4 ,sec4 #ajbc4 ,southern ,california existing infrastructure lease sale4 ,sec4 #ajbd4 ,environmental impact statement requirement4 ,sec4 #ajbe4 ,national defense4 ,sec4 #ajbf4 ,opening the ,eastern ,gulf of ,mexico for exploration4 ,subtitle ,c--,equitable ,sharing of ,outer ,continental ,shelf ,revenues ,sec4 #ajca4 ,disposition of ,outer ,continental ,shelf revenues to coastal ,states4 ,subtitle ,d--,reorganization of ,minerals ,management ,agencies of the ,department of the ,interior ,sec4 #ajda4 ,establishment of ,under ,secretary for ,energy1 ,lands1 and ,minerals and ,assistant ,secretary of ,ocean ,energy and ,safety4 ,sec4 #ajdb4 ,bureau of ,ocean ,energy4 ,sec4 #ajdc4 ,ocean ,energy ,safety ,service4 ,sec4 #ajdd4 ,office of ,natural ,resources ,revenue4 ,sec4 #ajde4 ,ethics and drug testing4 ,sec4 #ajdf4 ,abolishment of ,minerals ,management ,service4 ,sec4 #ajdg4 ,conforming amendments to ,executive ,schedule pay rates4 ,sec4 #ajdh4 ,outer ,continental ,shelf ,energy ,safety ,advisory ,board4 ,sec4 #ajdi4 ,outer ,continental ,shelf inspection fees4 ,sec4 #ajej4 ,prohibition on action based on ,national ,ocean ,policy developed under ,executive ,order ,no4 #acedg4 ,subtitle ,e--,united ,states ,territories ,sec4 #ajfa4 ,application of ,outer ,continental ,shelf ,lands ,act with respect to territories of the ,united ,states4 ,subtitle ,f--,judicial ,review ,sec4 #ajga4 ,time for filing complaint4 ,sec4 #ajgb4 ,district court deadline4 ,sec4 #ajgc4 ,ability to seek appellate review4 ,sec4 #ajgd4 ,limitation on scope of review and relief4 ,sec4 #ajge4 ,legal fees4 ,sec4 #ajgf4 ,exclusion4 ,sec4 #ajgg4 ,definitions4 ,subtitle ,g--,miscellaneous ,provisions ,sec4 #ajha4 ,rules regarding distribution of revenues under ,gulf of ,mexico ,energy ,security ,act of #bjjf4 ,sec4 #ajhb4 ,seismic testing in the ,atlantic ,outer ,continental ,shelf4 ,sec4 #ajhc4 ,disposition of qualified outer ,continental ,shelf ,revenues4 ,title ,,xi--,alaskan ,energy for ,american ,jobs ,act ,sec4 #bjja4 ,short title4 ,sec4 #bjjb4 ,definitions4 ,sec4 #bjjc4 ,leasing program for lands within the ,coastal ,plain4 ,sec4 #bjjd4 ,lease sales4 ,sec4 #bjje4 ,grant of leases by the ,secretary4 ,sec4 #bjjf4 ,lease terms and conditions4 ,sec4 #bjjg4 ,policies regarding buying1 building1 and working for ,america4 ,sec4 #bjjh4 ,coastal ,plain environmental protection4 ,sec4 #bjji4 ,expedited judicial review4 ,sec4 #bjaj4 ,treatment of revenues4 ,sec4 #bjaa4 ,rights-of-way across the ,coastal ,plain4 ,sec4 #bjab4 ,conveyance4 ,title ,,xii--,state control on all available ,federal land ,sec4 #cjja4 ,state control on all available ,federal land4 ,title ,,xiii--,federal ,lands ,jobs and ,energy ,security ,subtitle ,a--,federal ,lands ,jobs and ,energy ,security ,sec4 #djja4 ,short title4 ,sec4 #djjb4 ,policies regarding buying1 building1 and working for ,america4 ,chapter #a--,onshore oil and gas permit streamlining ,sec4 #daja4 ,short title4 ,subchapter ,a--,application for ,permits ,to ,drill ,process ,reform ,sec4 #daaa4 ,permit to drill application timeline4 ,sec4 #daab4 ,solar and wind right-of-way rental reform4 ,subchapter ,b--,administrative ,protest ,documentation ,reform ,sec4 #daba4 ,administrative protest documentation reform4 ,subchapter ,c--,permit ,streamlining ,sec4 #daca4 ,improve ,federal energy permit coordination4 ,sec4 #dacb4 ,administration of current law4 ,subchapter ,d--,judicial ,review ,sec4 #dada4 ,definitions4 ,sec4 #dadb4 ,exclusive venue for certain civil actions relating to covered energy projects4 ,sec4 #dadc4 ,timely filing4 ,sec4 #dadd4 ,expedition in hearing and determining the action4 ,sec4 #dade4 ,standard of review4 ,sec4 #dadf4 ,limitation on injunction and prospective relief4 ,sec4 #dadg4 ,limitation on attorneys' fees4 ,sec4 #dadh4 ,legal standing4 ,subchapter ,e--,knowing ,america's ,oil and ,gas ,resources ,sec4 #daea4 ,funding oil and gas resource assessments4 ,chapter #b--,oil and gas leasing certainty ,sec4 #dafa4 ,short title4 ,sec4 #dafb4 ,minimum acreage requirement for onshore lease sales4 ,sec4 #dafc4 ,leasing certainty4 ,sec4 #dafd4 ,leasing consistency4 ,sec4 #dafe4 ,reduce redundant policies4 ,sec4 #daff4 ,streamlined congressional notification4 ,chapter #c--,oil shale ,sec4 #daga4 ,short title4 ,sec4 #dagb4 ,effectiveness of oil shale regulations1 amendments to resource management plans1 and record of decision4 ,sec4 #dagc4 ,oil shale leasing4 ,chapter #d--,miscellaneous provisions ,sec4 #daha4 ,rule of construction4 ,subtitle ,b--,planning for ,american ,energy ,sec4 #dbja4 ,short title4 ,sec4 #dbjb4 ,onshore domestic energy production strategic plan4 ,subtitle ,c--,national ,petroleum ,reserve in ,alaska access ,sec4 #dcja4 ,short title4 ,sec4 #dcjb4 ,sense of ,congress and reaffirming national policy for the ,national ,petroleum ,reserve in ,alaska4 ,sec4 #dcjc4 ,national ,petroleum ,reserve in ,alaska3 lease sales4 ,sec4 #dcjd4 ,national ,petroleum ,reserve in ,alaska3 planning and permitting pipeline and road construction4 ,sec4 #dcje4 ,issuance of a new integrated activity plan and environmental impact statement4 ,sec4 #dcjf4 ,departmental accountability for development4 ,sec4 #dcjg4 ,deadlines under new proposed integrated activity plan4 ,sec4 #dcjh4 ,updated resource assessment4 ,subtitle ,d--,,blm ,live ,internet ,auctions ,sec4 #ddja4 ,short title4 ,sec4 #ddjb4 ,internet-based onshore oil and gas lease sales4 ,subtitle ,e--,native ,american ,energy ,sec4 #deja4 ,short title4 ,sec4 #dejb4 ,appraisals4 ,sec4 #dejc4 ,standardization4 ,sec4 #dejd4 ,environmental reviews of major ,federal actions on ,indian lands4 ,sec4 #deje4 ,judicial review4 ,sec4 #dejf4 ,tribal biomass demonstration project4 ,sec4 #dejg4 ,tribal resource management plans4 ,sec4 #dejh4 ,leases of restricted lands for the ,navajo ,nation4 ,sec4 #deji4 ,nonapplicability of certain rules4 ,sec4 #deaj4 ,permits for incidental take4 ,sec4 #deaa4 ,migratory ,bird ,treaty ,act4 ,title ,,xiv--,hydraulic ,fracturing ,subtitle ,a--,state ,authority for ,hydraulic ,fracturing ,regulation ,sec4 #eaja4 ,short title4 ,sec4 #eajb4 ,state authority for hydraulic fracturing regulation4 ,sec4 #eajc4 ,government ,accountability ,office study4 ,sec4 #eajd4 ,tribal authority on trust land4 ,subtitle ,b--,,epa ,hydraulic ,fracturing ,research ,sec4 #ebja4 ,short title4 ,sec4 #ebjb4 ,,epa hydraulic fracturing research4 ,subtitle ,c--,miscellaneous provisions ,sec4 #ecja4 ,review of ,state activities4 ,title ,,xv--,northern ,route ,approval ,sec4 #fjja4 ,short title4 ,sec4 #fjjb4 ,findings4 ,sec4 #fjjc4 ,keystone ,,xl permit approval4 ,sec4 #fjjd4 ,judicial review4 ,sec4 #fjje4 ,american burying beetle4 ,sec4 #fjjf4 ,right-of-way and temporary use permit4 ,sec4 #fjjg4 ,permits for activities in navigable waters4 ,sec4 #fjjh4 ,migratory ,bird ,treaty ,act permit4 ,sec4 #fjji4 ,oil spill response plan disclosure4 ,title ,,xvi--,relief from ,,epa climate change regulations and ,federal prohibitions on synthetic fuels ,sec4 #gjja4 ,repeal of ,,epa climate change regulation4 ,sec4 #gjjb4 ,repeal of ,federal ban on synthetic fuels purchasing requirement4 ,sec4 #gjjc4 ,sense of ,congress opposing carbon tax4 ,sec4 #gjjd4 ,prohibition on use of social cost of carbon in analysis4 ,title ,,xvii--,addressing the ,president's ,war on ,coal ,subtitle ,a--,management and disposal of coal combustion residuals ,sec4 #hjja4 ,short title4 ,sec4 #hjjb4 ,management and disposal of coal combustion residuals4 ,sec4 #hjjc4 #bjjj regulatory determination4 ,sec4 #hjjd4 ,technical assistance4 ,sec4 #hjje4 ,federal ,power ,act4 ,subtitle ,b--,surface ,mining ,stream ,buffer ,zone ,rule ,sec4 #hjaa4 ,short title4 ,sec4 #hjab4 ,incorporation of surface mining stream buffer zone rule into ,state programs4 ,title ,,xviii--,satisfying ,energy ,needs and ,saving the ,environment ,sec4 #ijja4 ,short title4 ,sec4 #ijjb4 ,inapplicability of certain emission limits for electric utility steam generating units that convert coal refuse into energy4 ,title ,,xix--,nuclear ,regulatory ,commission ,reorganization ,plan ,codification and ,complements ,sec4 #ajjja4 ,short title4 ,subtitle ,a--,replacement of ,reorganization ,plan ,sec4 #ajjaa4 ,general functions4 ,sec4 #ajjab4 ,chairman4 ,sec4 #ajjac4 ,emergency authority4 ,sec4 #ajjad4 ,reporting4 ,sec4 #ajjae4 ,rescission of ,reorganization ,plan approval4 ,subtitle ,b--,miscellaneous ,sec4 #ajjba4 ,certification of documents transmitted to ,congress4 ,sec4 #ajjbb4 ,time limits for ,commission review of ,atomic ,safety and ,licensing ,board decisions4 ,sec4 #ajjbc4 ,allegations of wrongdoing4 ,sec4 #ajjbd4 ,approval of ,commissioner travel4 ,sec4 #ajjbe4 ,implementation4 ,title ,,xx--,permitting for onshore and offshore wind energy ,subtitle ,a--,offshore meteorological site testing and monitoring ,sec4 #aajja4 ,short title4 ,sec4 #aajjb4 ,offshore meteorological site testing and monitoring projects4 ,subtitle ,b--,onshore meteorological site testing and monitoring ,sec4 #aajaa4 ,short title4 ,sec4 #aajab4 ,onshore meteorological site testing and monitoring project4 ,title ,,xxi--,domestic ,prosperity and ,global ,freedom ,sec4 #abjja4 ,short title4 ,sec4 #abjjb4 ,amendments4 ,sec4 #abjjc4 ,pending applications4 ,division ,,iv--,access to ,capital ,title ,,xxii--,small ,business ,access to ,capital ,sec4 #acjja4 ,registration and reporting exemptions relating to private equity funds advisors4 ,title ,,xxiii--,community ,lending ,enhancement and ,regulatory ,relief ,sec4 #adjja4 ,changes required to small bank holding company policy statement on assessment of financial and managerial factors4 ,sec4 #adjjb4 ,escrow requirements4 ,sec4 #adjjc4 ,exception to annual privacy notice requirement under the ,gramm-,leach-,bliley ,act4 ,sec4 #adjjd4 ,accounting principles cost-benefit requirements4 ,sec4 #adjje4 ,community bank exemption from annual management assessment of internal controls requirement of the ,sarbanes-,oxley ,act of #bjjb4 ,sec4 #adjjf4 ,certain loans included as qualified mortgages4 ,sec4 #adjjg4 ,increase in small servicer exemption4 ,sec4 #adjjh4 ,appraiser qualification threshold4 ,sec4 #adjji4 ,coordination among financial institutions4 ,i ,labor ,i ,repeal of ,davis-,bacon ,act #aja4 ,repeal of ,davis-,bacon wage requirements 7a7 ,in general ,subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code1 is repealed4 7b7 ,reference ,any reference in any law to a wage requirement of subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code1 shall after the date of the enactment of this title be null and void4 #ajb4 ,effective date and limitation ,the amendment made by section #aja shall take effect #cj days after the date of the enactment of this title but shall not affect any contract in existence on such date of enactment or made pursuant to invitation for bids outstanding on such date of enactment4 ,,ii ,union contract not a bar to higher wages #bja4 ,payment of higher wages ,section #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;a77 is amended-- 7#a7 by striking ,representatives and inserting 7#a7 ,representatives2 and 7#b7 by adding at the end the following3 7#b7 ,notwithstanding a labor organization's exclusive representation of employees in a unit1 or the terms and conditions of any collective bargaining contract or agreement then in effect1 nothing in either-- 7,a7 section #h7;a77#a7 or #h7;a77#e71 or 7,b7 a collective bargaining contract or agreement renewed or entered into after the date of enactment of the ,jumpstarting ,opportunities with ,bold ,solutions ,act1 shall prohibit an employer from paying an employee in the unit greater wages1 pay1 or other compensation for1 or by reason of1 his or her services as an employee of such employer1 than provided for in such contract or agreement4 4 ,,iii ,repeal of provisions relating to official time of ,federal employees for purposes of union organizing #cja4 ,repeal of certain provisions relating to official time of ,federal employees for purposes of union organizing ,section #gaca of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking subsections 7a7 and 7c72 7#b7 by redesignating subsections 7b7 and 7d7 as subsections 7a7 and 7b71 respectively2 and 7#c7 in subsection 7b7 7as so redesignated by paragraph 7#b771 by striking ,except as provided in the preceding subsections of this section-- and inserting ,except as provided in subsection 7a7--4 ,,iv ,rulemaking1 investigative1 and adjudicative authority of the ,national ,labor ,relations ,board #dja4 ,authorities of the ,national ,labor ,relations ,board 7a7 ,duties of the ,general ,counsel and ,administrative ,law ,judges ,the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 is amended-- 7#a7 in section #c7;d71 by striking and issuance of complaints under section #aj1 and in respect of the prosecution of such complaints before the ,board2 and 7#b7 in section #d7;a71 by striking the fourth sentence4 7b7 ,clarification of the ,board's rulemaking authority ,section #f of such ,act 7#bi ,u4,s4,c4 #aef7 is amended by adding at the end the following3 ,such rulemaking authority shall be limited to rules concerning the internal functions of the ,board and the ,board is prohibited from promulgating rules that affect the substantive rights of any person1 employer1 employee1 or labor organization44 7c7 ,investigatory power and ,adjudicatory ,authority ,over ,unfair ,labor ,practice ,allegations ,section #aj of such ,act 7#bi ,u4,s4,c4 #fj7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking prevent any person from engaging in and inserting investigate2 and 7,b7 by striking ,this power shall and all that follows through the end of the subsection2 7#b7 in subsection 7b7-- 7,a7 by striking ,whenever it is charged and inserting ,whenever it appears2 7,b7 by striking or is engaging in and inserting 1 is engaging in1 or is about to engage in2 7,c7 by striking the ,board1 or any agent and all that follows through ,provided1 ,that no complaint shall be issued and inserting the aggrieved party may bring a civil action for such relief 7including injunctions7 as may be appropriate4 ,any such action may be brought in the district court of the ,united ,states where the violation occurred1 or at the option of the parties1 in the ,united ,states ,district ,court for the ,district of ,columbia4 ,no civil action may be brought2 7,d7 by striking charge with the ,board and the service of a copy thereof upon the person against whom such charge is made and inserting civil action2 and 7,e7 by striking ,any such complaint may be amended and all that follows through ,any such proceeding shall1 so far as practicable1 and inserting ,any such proceeding shall2 7#c7 by striking subsections 7c7 through 7k7 and redesignating subsection 7l7 as subsection 7c72 and 7#d7 in subsection 7c7 7as so redesignated7-- 7,a7 by striking ,whenever it is charged and inserting ,whenever it is alleged2 7,b7 in the first sentence1 by striking charge both places it appears and inserting allegation2 and 7,c7 by striking and that a complaint should issue1 he shall and all that follows through the end of the subsection and inserting 1 the officer or regional attorney shall1 on behalf of the ,board1 submit a written summary of the findings to all parties involved in the alleged unfair labor practice44 #djb4 ,regulations ,not later than #f months after the date of the enactment of this title1 the ,national ,labor ,relations ,board shall review and revise all regulations promulgated before such date to implement the amendments made by this title4 ,,ii ,deregulation ,v ,uniform cost-benefit analysis of regulations #eja4 ,uniform use of cost-benefit analysis ,section #eec of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 7#a7 ,prior to any rulemaking under this section1 an agency shall comply with the following3 7,a7 ,the agency shall identify1 in the context of a coherent conceptual framework and supported with objective data-- 7i7 the nature and significance of the market failure1 regulatory failure1 or other problem that necessitates regulatory action2 7ii7 the reasons why national economic and income growth1 advancing technology1 and other market developments will not obviate the need for the rulemaking2 7iii7 the reasons why regulation at the ,state1 local1 or tribal level could not address the problem better than at the ,federal level2 7iv7 the reasons why reducing rather than increasing the extent or stringency of existing ,federal regulation would not address the problem better2 and 7v7 the particular authority by which the agency may take action4 7,b7 ,before the agency increases the extent or stringency of regulation based on its determinations pursuant to subparagraph 7,a71 it shall-- 7i7 set an achievable objective for its regulatory action and identify the metrics by which the agency will measure progress toward the objective2 7ii7 issue a notice of inquiry seeking public comment on the identification of a new objective under clause 7i72 and 7iii7 give notice to the committees of ,congress with jurisdiction over the subject matter of the rule4 7,c7 ,the agency1 if the agency is not seeking to repeal a rule1 shall develop at least #c distinct regulatory options1 in addition to not regulating1 that the agency estimates will provide the greatest benefits for the least cost in meeting the regulatory objective set under subparagraph 7,b7 and1 in developing such regulatory options1 shall apply the following principles3 7i7 ,the agency shall assume that individuals are rational and not qualify that assumption unless the agency-- 7,i7 has conclusive evidence of a detrimental systematic behavioral bias2 and 7,,ii7 can devise behavioral regulatory options that do not preclude any choices of market participants4 7ii7 ,the agency shall1 to the extent practicable1 attempt to engage private incentives to solve a problem and not supplant private incentives any more than necessary4 7iii7 ,the agency shall consider the adverse effects that mandates and prohibitions may have on innovation1 economic growth1 and employment4 7iv7 ,an agency's risk assessment shall be confined to its jurisdiction1 subject to specific regulatory authority4 ,agency assessments of the risks of adverse health and environmental effects shall follow standardized parameters1 assumptions1 and methodologies4 ,an agency also shall provide analyses of increases in risks1 whatever their nature1 produced by the regulatory options under consideration4 7v7 ,the agency shall avoid incongruities and duplication in regulation at the ,federal1 ,state1 local1 and tribal levels4 7vi7 ,the agency shall compare and contrast the regulatory options developed and explain how each would meet the regulatory objective set pursuant to subparagraph 7,b74 7,d7 ,the agency shall estimate the costs and benefits of each regulatory option developed1 notwithstanding any provision of law that prohibits the agency from using costs in rulemaking1 at least to the extent that the agency is able to-- 7i7 exclude options whose costs exceed their benefits2 7ii7 rank the options by cost from lowest to highest2 7iii7 estimate the monetary cost of any adverse effects on private property rights1 identify the categories of persons who experience a net loss from a regulatory option1 and explain why the negative effects cannot be lessened or avoided2 7iv7 establish whether the cost of an option exceeds #ej1jjj1jjj for any #ab-month period1 except that the dollar amount shall be adjusted annually for inflation based on the ,,gdp deflator1 and the ,president may order that a lower dollar amount be used for a particular period2 and 7v7 identify the key uncertainties and assumptions that drive the results and provide an analysis of how the ranking of the options and the threshold determination under clause 7iv7 may change if key assumptions are changed4 7,e7 ,the estimates pursuant to subparagraph 7,d7 shall-- 7i7 follow the methodology established pursuant to paragraph 7#b77;,a72 7ii7 to the maximum extent practicable1 comply with any guidelines issued by the ,administrator of the ,office of ,information and ,regulatory ,affairs pertaining to cost-benefit analysis2 and 7iii7 include1 at a minimum-- 7,i7 agency administrative costs2 7,,ii7 ,united ,states private sector compliance costs2 7,,iii7 ,federal1 ,state1 local1 and tribal compliance costs2 7,,iv7 ,federal1 ,state1 local1 and tribal revenue impacts2 7,v7 impacts from the regulatory options developed on ,united ,states industries in the role of suppliers and consumers to each industry substantially affected1 especially in terms of employment1 costs1 volume and quality of output1 and prices2 7,,vi7 nationwide impacts on overall economic output1 productivity1 consumer and producer prices2 7,,vii7 international competitiveness of ,united ,states companies2 and 7,,viii7 distortions in incentives and markets1 including an estimate of the resulting loss to the ,united ,states economy4 7,f7 ,the agency shall publish for public comment all analyses1 documentation1 and data under subparagraphs 7,a7 through 7,d7 for a public comment period of at least #cj days 7subject to applicable limitations under law1 including laws protecting privacy1 trade secrets1 and intellectual property7 and correct deficiencies or omissions that the agency becomes aware of before choosing a rule to propose4 7#b7 7,a7 ,beginning not later than the date that is #ahj days after the effective date of this section-- 7i7 each agency shall1 by rule1 establish and maintain the specific cost-benefit analysis methodology appropriate to the functions and responsibilities of that agency and establish an appropriate period for review of new rules to assess the cost effectiveness of each such new rule at achieving the objective identified under paragraph 7#a77;,b77i7 the new rule was intended to address2 7ii7 the methodology so established shall-- 7,i7 include the standardized parameters1 assumptions1 and methodologies for agency assessments of risk under paragraph 7#a77;,c77iv72 7,,ii7 comply1 to the maximum extent practicable1 with technical standards for methodologies and assumptions issued by the ,administrator for the ,office of ,information and ,regulatory ,affairs2 7,,iii7 include the scope of benefits and costs consistent with the framework used and the metrics identified in the establishment of the regulatory objective under paragraph 7#a72 7,,iv7 not include consideration of incidental benefits but only those benefits that were considered in the establishment of the regulatory objective2 7,v7 limit consideration of costs and benefits to costs and benefits that accrue to the population of the ,united ,states2 7,,vi7 constrain the agency from presuming that continued augmentation or tightening of mandates and additional prohibitions cause benefits and costs to change linearly but determine at what point benefits will rise less than1 and costs will rise more than1 proportionally2 7,,vii7 include comparison of incremental benefits to incremental costs from any action the agency considers taking and refrain from actions whose incremental benefits do not exceed their incremental costs2 and 7,,viii7 include analysis of effects on private incentives and possible unintended consequences2 and 7iii7 the agency shall adhere to the methodology so established in all rulemakings4 7,b7 ,if the agency does not select the least-cost regulatory option as its proposed rule1 the agency shall justify its selection1 explaining-- 7i7 how that selection furthers other goals or requirements relevant to regulating matters within the agency's jurisdiction and why these should override cost savings2 and 7ii7 why each of the other regulatory options not chosen would not sufficiently further such other goals or requirements4 7,c7 ,if the agency makes a determination under paragraph 7#a77;,d7 that the monetized cost of a rule exceeds the applicable monetary limit under clause 7iv7 of such paragraph for any #ab-month period1 the agency head shall-- 7i7 first issue an advanced notice of proposed rulemaking2 7ii7 provide notice to the appropriate ,congressional committees and keep such committees informed of the status of the rulemaking2 and 7iii7 ensure that-- 7,i7 the agency shall notify the ,administrator of the ,small ,business ,administration1 the ,director of the ,office of ,management and ,budget1 and affected parties1 and provide each such person with information on the potential effects of the proposed rule on affected parties and the type of affected parties that might be affected2 7,,ii7 not later than #ae days after the date of receipt of the materials described in subclause 7,i71 the ,director1 in consultation with the ,administrator1 shall identify representatives of affected parties1 #be percent of which shall represent small business concerns 7as such term is defined in section #c7;a7 of the ,small ,business ,act71 when possible1 and all the major stakeholders shall have the opportunity to obtain advice and recommendations about the potential effects of the proposed rule2 7,,iii7 the agency shall convene a review panel consisting wholly of full-time ,federal officers1 employees1 and contractors in the agency responsible for the proposed rule1 the ,director1 the ,administrator1 and the representatives of affected parties identified pursuant to subclause 7,,ii72 7,,iv7 the agency shall conduct a detailed analysis of the costs and benefits of the regulatory option it is advancing1 and1 in doing so-- 7aa7 the agency shall consider the cumulative and interactive costs of regulatory requirements of ,federal1 ,state1 local1 tribal1 and 7where applicable7 international regulations2 and 7bb7 the agency shall identify the key uncertainties and assumptions that drive the results and provide an analysis of how the ranking of the regulatory options changes if the key assumptions are changed2 7,v7 the panel shall review agency material prepared in connection with this subsection1 including any draft proposed rule1 and review the advice and recommendations of each affected party representative identified2 7,,vi7 not later than #fj days after the date the agency convenes a review panel pursuant to subclause 7,,iii71 the review panel shall report on the comments of the affected party representatives and its findings as to issues related to the provisions of this subsection1 and such report shall be made public as part of the rulemaking record2 7,,vii7 where appropriate1 the agency shall modify the proposed rule or the cost-benefit analysis under subclause 7,,iv7 based on the report under subclause 7,,vi72 7,,viii7 subject to applicable limitations under law1 including laws protecting privacy1 trade secrets1 and intellectual property1 the agency shall publish for comment all analyses1 documentation1 and data under this paragraph for a public comment period of at least #cj days and correct deficiencies or omissions that the agency becomes aware of before adopting a proposed rule2 and 7,,ix7 affected parties1 including ,state1 local1 or tribal governments1 and other stakeholders may participate in the rulemaking by means such as-- 7aa7 the publication of advanced and general notices of proposed rulemaking in publications likely to be obtained by affected parties2 7bb7 the direct notification of interested affected parties2 7cc7 the conduct of open conferences or public hearings including soliciting and receiving comments over computer networks2 and 7dd7 reducing the cost or complexity of procedural rules to ease participation in the rulemaking4 7,d7 ,every #d years the agency shall conduct a review of all rules of the agency in effect and determine based on objective data whether its rules are working as intended1 furthering their objectives1 imposing unanticipated costs1 and generating a net benefit or not1 and shall amend such rules if appropriate4 ,the agency shall report to ,congress the findings of each such review4 7,e7 ,any person may petition an agency to amend an existing rule made prior to the establishment of methodology under this paragraph1 and1 if the agency denies such a petition1 that denial shall be subject to review under chapter #g of this title4 7,f7 ,notwithstanding any other provision of law1 including any provision of law that explicitly prohibits the use of cost-benefit analysis in rulemaking1 an agency shall conduct cost-benefit analyses and report to ,congress the findings with specific recommendations for how to lower regulatory costs by amending the statutes prohibiting the use thereof4 7#c7 ,for purposes of this subsection-- 7,a7 the term regulatory options means any action an agency may take to address an objective identified under paragraph 7#a77;,b77i71 including the option not to act2 7,b7 the term private incentives means financial gains or losses that motivate actions by private individuals and businesses1 and does not include any law or regulation that prescribes private actions or outcomes2 and 7,c7 the term incidental benefit means a claimed benefit outside the specific regulatory objective or objectives identified under paragraph 7#a77;,b77i7 a rule is intended to address as identified in paragraph 7#a77;,a74 7#d7 ,all determinations made under this subsection shall be subject to review under chapter #g4 4 #ejb4 ,congressional review ,section #hja7;a77#b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7,c7 ,the ,comptroller ,general shall examine the cost-benefit analysis for compliance with the requirements of section #eec7;f71 including the agency methodology established under section #eec7;f77#b77;,a74 7,d7 ,the ,comptroller ,general shall examine any risk analysis under section #eec7;f77#a77;,c77iv7 pertaining to the cost-benefit analysis for compliance with the requirements of section #eec7;f74 7,e7 ,the ,comptroller ,general also shall examine the agencies' quadrennial regulatory reviews for consistency with the requirements of section #eec7;f7 and report to ,congress on the results4 4 ,,vi ,periodic review and termination of regulations #fja4 ,review of regulations ,a covered rule shall be subject to review in accordance with this title4 ,upon completion of such review1 the agency which has jurisdiction over such rule shall-- 7#a7 issue a final report under section #djf7;c77#b7 continuing such rule1 or 7#b7 conduct a rulemaking in accordance with section #djf7;d7 to modify1 consolidate with another rule1 or terminate such rule4 #fjb4 ,rules covered 7a7 ,covered rules ,for purposes of this title1 a covered rule is a rule that-- 7#a7 is determined by the ,administrator to be a significant rule under subsection 7b72 or 7#b7 is any other rule designated by the agency which has jurisdiction over such rule or the ,administrator under this title for sunset review4 7b7 ,significant rules ,for purposes of this title1 a significant rule is a rule that the ,administrator determines-- 7#a7 has resulted in or is likely to result in an annual effect on the economy of #ajj1jjj1jjj or more2 7#b7 is a major rule2 or 7#c7 was issued pursuant to a significant regulatory action1 as that term is defined in ,executive ,order #abhff 7as in effect on the first date that ,executive order was in effect74 7c7 ,public petitions 7#a7 ,in general ,any person adversely affected by a rule that is not a significant rule may submit a petition to the agency which has jurisdiction over the rule requesting that such agency designate the rule for sunset review4 ,such agency shall designate the rule for sunset review unless such agency determines that it would not be in the public interest to conduct a sunset review of the rule4 ,in making such determination1 such agency shall take into account the number and nature of other petitions received on the same rule and whether or not such petitions have been denied4 7#b7 ,form and content of petition ,a petition under paragraph 7#a7-- 7,a7 shall be in writing1 but is not otherwise required to be in any particular form2 and 7,b7 shall identify the rule for which sunset review is requested with reasonable specificity and state on its face that the petitioner seeks sunset review of the rule4 7#c7 ,response required for noncomplying petitions ,if an agency determines that a petition does not meet the requirements of this subsection1 the agency shall provide a response to the petitioner within #cj days after receiving the petition1 notifying the petitioner of the problem and providing information on how to formulate a petition that meets those requirements4 7#d7 ,decision within #ij days ,within the #ij-;day period beginning on the date of receiving a petition that meets the requirements of this subsection1 the agency shall transmit a response to the petitioner stating whether the petition was granted or denied1 except that the agency may extend such period by a total of not more than #cj days4 7#e7 ,petitions deemed granted for substantial inexcusable delay ,a petition for sunset review of a rule is deemed to have been granted by an agency1 and such agency is deemed to have designated the rule for sunset review1 if a court finds there is a substantial and inexcusable delay1 beyond the period specified in paragraph 7#d71 in notifying the petitioner of the agency's determination to grant or deny the petition4 7#f7 ,public log ,each agency shall maintain a public log of petitions submitted under this subsection1 that includes the status or disposition of each petition4 7d7 ,congressional requests 7#a7 ,in general ,an appropriate committee of the ,congress1 or a majority of the majority party members or a majority of nonmajority party members of such committee1 may request in writing that the ,administrator designate any rule that is not a significant rule for sunset review4 ,the ,administrator shall designate such rule for sunset review within #cj days after receipt of such request unless the ,administrator determines that it would not be in the public interest to conduct a sunset review of such rule4 7#b7 ,notice of denial ,if the ,administrator denies a congressional request under this subsection1 the ,administrator shall transmit to the congressional committee making the request a notice stating the reasons for the denial4 7e7 ,publication of notice of designation for sunset review ,after designating a rule under subsection 7c7 or 7d7 for sunset review1 the agency or the ,administrator shall promptly publish a notice of that designation in the ,federal ,register4 #fjc4 ,criteria for sunset review 7a7 ,compliance with other laws ,in order for any rule subject to sunset review to continue without change or to be modified or consolidated in accordance with this title1 such rule must be authorized by law and meet all applicable requirements that would apply if it were issued as a new rule pursuant to section #eec of title #e1 ,united ,states ,code1 or other statutory rulemaking procedures required for that rule4 ,for purposes of this section1 the term applicable requirements includes any requirement for cost-benefit analysis and any requirement for standardized risk analysis and risk assessment4 7b7 ,governing law ,if there is a conflict between applicable requirements and an ,act under which a rule was issued1 the conflict shall be resolved in the same manner as such conflict would be resolved if the agency were issuing a new rule4 #fjd4 ,sunset review procedures 7a7 ,functions of the administrator 7#a7 ,notice of rules subject to review 7,a7 ,inventory and first list ,within #f months after the date of the enactment of this title1 the ,administrator shall conduct an inventory of existing rules and publish a first list of covered rules4 ,the list shall-- 7i7 specify the particular group to which each significant rule is assigned under paragraph 7#b71 and state the review deadline for all significant rules in each such group2 and 7ii7 include other rules subject to sunset review for any other reason1 and state the review deadline for each such rule4 7,b7 ,subsequent lists ,after publication of the first list under subparagraph 7,a71 the ,administrator shall publish an updated list of covered rules at least annually1 specifying the review deadline for each rule on the list4 7#b7 ,grouping of significant rules in first list 7,a7 ,staggered review ,the ,administrator shall assign each significant rule in effect on the date of enactment of this title to one of #d groups established by the ,administrator to permit orderly and prioritized sunset reviews1 and specify for each group an initial review deadline in accordance with section #dje7;a77#a74 7,b7 ,prioritizations ,in determining which rules shall be given priority in time in that assignment1 the ,administrator shall consult with appropriate agencies1 and shall prioritize rule based on-- 7i7 the grouping of related rules in accordance with paragraph 7#c72 7ii7 the extent of the cost of each rule and on the regulated community and the public1 with priority in time given to those rules that impose the greatest cost2 7iii7 consideration of the views of regulated persons1 including ,state and local governments2 7iv7 whether a particular rule has recently been subject to cost-benefit analysis and risk assessment1 with priority in time given to those rules that have not been subject to such analysis and assessment2 7v7 whether a particular rule was issued under a statutory provision that provides relatively greater discretion to an official in issuing the rule1 with priority in time given to those rules that were issued under provisions that provide relatively greater discretion2 7vi7 the burden of reviewing each rule on the reviewing agency2 and 7vii7 the need for orderly processing and the timely completion of the sunset reviews of existing rules4 7#c7 ,grouping of related rules ,the ,administrator shall group related rules under paragraph 7#b7 7and designate other rules7 for simultaneous sunset review based upon their subject matter similarity1 functional interrelationships1 and other relevant factors to ensure comprehensive and coordinated review of redundant1 overlapping1 and conflicting rules and requirements4 ,the ,administrator shall ensure simultaneous sunset reviews of covered rules without regard to whether they were issued by the same agency1 and shall designate any other rule for sunset review that is necessary for a comprehensive sunset review whether or not such other rule is otherwise a covered rule under this title4 7#d7 ,guidance ,the ,administrator shall provide timely guidance to agencies on the conduct of sunset reviews and the preparation of sunset review notices and reports required by this title to ensure uniform1 complete1 and timely sunset reviews and to ensure notice and opportunity for public comment consistent with section #djf4 7#e7 ,review and evaluation of reports ,the ,administrator shall review and evaluate each preliminary and final report submitted by the agency pursuant to this section4 ,within #ij days after receiving a preliminary report1 the ,administrator shall transmit comments to the head of the agency regarding-- 7,a7 the quality of the analysis in the report1 including whether the agency has properly applied section #djc2 7,b7 the consistency of the agency's proposed action with actions of other agencies2 and 7,c7 whether the rule should be continued without change1 modified1 consolidated with another rule1 or terminated4 7b7 ,agency sunset review procedure 7#a7 ,sunset review notice ,at least #cj months before the review deadline under section #dje7;a7 for a covered rule issued by an agency1 the agency shall-- 7,a7 publish a sunset review notice in accordance with section #djf7;a7 in the ,federal ,register and1 to the extent reasonable and practicable1 in other publications or media that are designed to reach those persons most affected by the covered rule2 and 7,b7 request the views of the ,administrator and the appropriate committees of the ,congress on whether to continue without change1 modify1 consolidate1 or terminate the covered rule4 7#b7 ,preliminary report ,in reviewing a covered rule1 the agency shall-- 7,a7 consider public comments and other recommendations generated by a sunset review notice under paragraph 7#a72 and 7,b7 at least #a year before the review deadline under section #dje7;a7 for the covered rule1 publish in the ,federal ,register1 in accordance with section #djf7;b71 and transmit to the ,administrator and the appropriate committees of the ,congress a preliminary report4 7#c7 ,final report ,the agency shall consider the public comments and other recommendations generated by the preliminary report under paragraph 7#b7 for a covered rule1 and shall consult with the appropriate committees of the ,congress before issuing a final report4 ,at least #ij days before the review deadline of the covered rule1 the agency shall publish in the ,federal ,register1 in accordance with section #djf7;c77#b7 or #djf7;d71 and transmit a final report to the ,administrator and the appropriate committees of the ,congress4 7#d7 ,open procedures regarding sunset review ,in any sunset review conducted pursuant to this title1 the agency conducting the review shall make a written record describing the subject of all contacts the agency or ,administrator made with non-governmental persons outside the agency relating to such review4 ,the written record of such contact shall be made available1 upon request1 to the public4 7c7 ,effectiveness of agency recommendation ,if a final report under subsection 7b77#c7 recommends that a covered rule should be continued without change1 the covered rule shall be continued4 ,if a final report under subsection 7b77#c7 recommends that a covered rule should be modified1 consolidated with another rule1 or terminated1 the rule may be modified1 so consolidated1 or terminated in accordance with section #djf7;d74 7d7 ,preservation of independence of federal bank regulatory agencies ,the head of any appropriate ,federal banking agency 7as that term is defined in section #c7q7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac7q7771 the ,federal ,housing ,finance ,board1 the ,national ,credit ,union ,administration1 and the ,office of ,federal ,housing ,enterprise ,oversight shall have the authority with respect to that agency that would otherwise be granted under section #dje7;a77#b77;,b7 to the ,administrator or other officer designated by the ,president4 #fje4 ,review deadlines for covered rules 7a7 ,in general ,for purposes of this title1 the review deadline of a covered rule is as follows3 7#a7 ,existing significant rules ,for a significant rule in effect on the date of the enactment of this title1 the initial review deadline is the last day of the #d-year1 #e-year1 #f-year1 or #g-year period beginning on the date of the enactment of this title1 as specified by the ,administrator under section #djd7;a77#b77;,a74 ,for any significant rule that #f months after the date of enactment is not assigned to such a group specified under section #djd7;a77#b77;,a71 the initial review deadline is the last day of the #d-year period beginning on the date of enactment of this title4 7#b7 ,new significant rules ,for a significant rule that first takes effect after the date of the enactment of this title1 the initial review deadline is the last day of either-- 7,a7 the #c-year period beginning on the date the rule takes effect1 or 7,b7 if the ,administrator determines as part of the rulemaking process that the rule is issued pursuant to negotiated rulemaking procedures or that compliance with the rule requires substantial capital investment1 the #g-year period beginning on the date the rule takes effect4 7#c7 ,rules covered pursuant to public petition or congressional request ,for any rule subject to sunset review pursuant to a public petition under section #djb7;c7 or a congressional request under section #djb7;d71 the initial review deadline is the last day of the #c-year period beginning on-- 7,a7 the date the agency or ,administrator so designates the rule for review2 or 7,b7 the date of issuance of a final court order that the agency is deemed to have designated the rule for sunset review4 7#d7 ,related rule designated for review ,for a rule that the ,administrator designates under section #djd7;a77#c7 for sunset review because it is related to another covered rule and that is grouped with that other rule for simultaneous review1 the initial review deadline is the same as the review deadline for that other rule4 7b7 ,temporary extension ,the review deadline under subsection 7a7 for a covered rule may be extended by the ,administrator for not more than #f months by publishing notice thereof in the ,federal ,register that describes reasons why the temporary extension is necessary to respond to or prevent an emergency situation4 7c7 ,determinations where rules have been amended ,for purposes of this title1 if various provisions of a covered rule were issued at different times1 then the rule as a whole shall be treated as if it were issued on the later of-- 7#a7 the date of issuance of the provision of the rule that was issued first2 or 7#b7 the date the most recent review and revision of the rule under this title was completed4 #fjf4 ,sunset review notices and agency reports 7a7 ,sunset review notices ,the sunset review notice under section #djd7;b77#a7 for a rule shall-- 7#a7 request comments regarding whether the rule should be continued without change1 modified1 consolidated with another rule1 or terminated2 7#b7 if applicable1 request comments regarding whether the rule meets the applicable ,federal cost-benefit and risk assessment criteria2 and 7#c7 solicit comments about the past implementation and effects of the rule1 including-- 7,a7 the direct and indirect costs incurred because of the rule1 including the net reduction in the value of private property 7whether real1 personal1 tangible1 or intangible71 and whether the incremental benefits of the rule exceeded the incremental costs of the rule1 both generally and regarding each of the specific industries and sectors it covers2 7,b7 whether the rule as a whole1 or any major feature of it1 is outdated1 obsolete1 or unnecessary1 whether by change of technology1 the marketplace1 or otherwise2 7,c7 the extent to which the rule or information required to comply with the rule duplicated1 conflicted1 or overlapped with requirements under rules of other agencies2 7,d7 in the case of a rule addressing a risk to health or safety or the environment1 what the perceived risk was at the time of issuance and to what extent the risk predictions were accurate2 7,e7 whether the rule unnecessarily impeded domestic or international competition or unnecessarily intruded on free market forces1 and whether the rule unnecessarily interfered with opportunities or efforts to transfer to the private sector duties carried out by the ,government2 7,f7 whether1 and to what extent1 the rule imposed unfunded mandates on1 or otherwise affected1 ,state and local governments2 7,g7 whether compliance with the rule required substantial capital investment and whether terminating the rule on the next review deadline would create an unfair advantage to those who are not in compliance with it2 7,h7 whether the rule constituted the least cost method of achieving its objective consistent with the criteria of the ,act under which the rule was issued1 and to what extent the rule provided flexibility to those who were subject to it2 7,i7 whether the rule was worded simply and clearly1 including clear identification of those who were subject to the rule2 7,j7 whether the rule created negative unintended consequences2 7,k7 the extent to which information requirements under the rule can be reduced2 and 7,l7 the extent to which the rule has contributed positive benefits1 particularly health or safety or environmental benefits4 7b7 ,preliminary reports on sunset reviews ,the preliminary report under section #djd7;b77#b7 on the sunset review of a rule shall request public comments and contain-- 7#a7 specific requests for factual findings and recommended legal conclusions regarding the application of section #djc to the rule1 the continued need for the rule1 and whether the rule duplicates functions of another rule2 7#b7 a request for comments on whether the rule should be continued without change1 modified1 consolidated with another rule1 or terminated2 and 7#c7 if consolidation or modification of the rule is recommended1 suggestions for the proposed text of the consolidated or modified rule4 7c7 ,final reports on sunset reviews ,the report under section #djd7;b77#c7 on the sunset review of a rule shall-- 7#a7 contain the factual findings and legal conclusions of the agency conducting the review regarding the application of section #djc to the rule and the agency's proposed recommendation as to whether the rule should be continued without change1 modified1 consolidated with another rule1 or terminated2 7#b7 in the case of a rule that the agency proposes to continue without change1 so state2 7#c7 in the case of a rule that the agency proposes to modify or consolidate with another rule1 contain-- 7,a7 a notice of proposed rulemaking under section #eec of title #e1 ,united ,states ,code or under other statutory rulemaking procedures required for that rule2 and 7,b7 the text of the rule as so modified or consolidated2 and 7#d7 in the case of a rule that the agency proposes to terminate1 contain a notice of proposed rulemaking for termination consistent with paragraph 7#c77;,a74 ,a final report described in paragraph 7#b7 shall be published in the ,federal ,register4 7d7 ,rulemaking ,the final report under subsection 7c77#c7 or 7c77#d7 shall be published in the ,federal ,register and its publication shall constitute publication of the notice required by subsection 7c77#c77;,a74 ,after publication of the final report under subsection 7c77#c7 or 7c77#d7 on a sunset review of a rule1 the agency which conducted such review shall conduct the rulemaking which is called for in such report4 7e7 ,legislative recommendations ,in any case in which the head of an agency determines that a rule in a final report under subsection 7c77#c7 or 7c77#d7 cannot be changed1 modified1 or consolidated with another rule without legislative action1 such head shall include in such final report a description of what legislative changes are required to implement the recommendations in such final report with regard to such rule4 #fjg4 ,designation of agency regulatory review officers ,the head of each agency shall designate an officer of the agency as the ,regulatory ,review ,officer of the agency4 ,the ,regulatory ,review ,officer of an agency shall be responsible for the implementation of this title by the agency and shall report directly to the head of the agency and the ,administrator with respect to that responsibility4 #fjh4 ,relationship to the ,administrative ,procedure ,act ,nothing in this title is intended to supersede the provisions of chapters #e1 #f1 and #g of title #e1 ,united ,states ,code4 #fji4 ,effect of termination of a covered rule 7a7 ,effect of termination1 generally ,if a covered rule is terminated pursuant to this title-- 7#a7 this title shall not be construed to prevent the ,president or an agency from exercising any authority that otherwise exists to implement the statute under which the rule was issued2 7#b7 in an agency proceeding or court action between an agency and a non-agency party1 the rule shall be given no conclusive legal effect but may be submitted as evidence of prior agency practice and procedure2 and 7#c7 this title shall not be construed to prevent the continuation or institution of any enforcement action that is based on a violation of the rule that occurred before the effectiveness of the rule terminated4 7b7 ,effect on deadlines 7#a7 ,in general ,notwithstanding subsection 7a71 any deadline for1 relating to1 or involving any action dependent upon1 any rule terminated under this title is suspended until the agency that issued the rule issues a new rule on the same matter1 unless otherwise provided by a law4 7#b7 ,deadline defined ,in this subsection1 the term deadline means any date certain for fulfilling any obligation or exercising any authority established by or under any ,federal rule1 or by or under any court order implementing any ,federal rule4 #faj4 ,judicial review 7a7 ,in general ,a denial or substantial inexcusable delay in granting or denying a petition under section #djb7;c7 shall be considered final agency action subject to review under section #gjb of title #e1 ,united ,states ,code4 ,a denial of a congressional request under section #djb7;d7 shall not be subject to judicial review4 7b7 ,time limitation on filing a civil action ,notwithstanding any other provisions of law1 an action seeking judicial review of a final agency action under this title may not be brought-- 7#a7 in the case of a final agency action denying a public petition under section #djb7;c7 or continuing without change1 modifying1 consolidating1 or terminating a covered rule1 more than #cj days after the date of that agency action2 or 7#b7 in the case of an action challenging a delay in deciding on a petition for a rule under section #djb7;c71 more than #a year after the period applicable to the rule under section #djb7;c77#d74 7c7 ,availability of judicial review unaffected ,except to the extent that there is a direct conflict with the provisions of this title1 nothing in this title is intended to affect the availability or standard of judicial review for agency regulatory action4 #faa4 ,definitions ,in this title1 the following definitions apply3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,office of ,information and ,regulatory ,affairs in the ,office of ,management and ,budget4 7#b7 ,agency ,the term agency has the meaning given that term in section #eea7a7 of title #e1 ,united ,states ,code4 7#c7 ,appropriate committee of the congress ,the term appropriate committee of the ,congress means1 with respect to a rule1 each standing committee of ,congress having authority under the ,rules of the ,house of ,representatives or the ,senate to report a bill to amend the provision of law under which the rule is issued4 7#d7 ,major rule ,the term major rule means any rule that the ,administrator of the ,office of ,information and ,regulatory ,affairs in the ,office of ,management and ,budget finds has resulted in or is likely to result in-- 7,a7 an annual effect on the economy of #ajj1jjj1jjj or more2 7,b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 or local government agencies1 or geographic regions2 or 7,c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets4 7#e7 ,rule 7,a7 ,general rule ,subject to subparagraph 7,b71 the term rule means any agency statement of general applicability and future effect1 including agency guidance documents1 designed to implement1 interpret1 or prescribe law or policy1 or describing the procedures or practices of an agency1 or intended to assist in such actions1 but does not include-- 7i7 regulations or other agency statements issued in accordance with formal rulemaking provisions of sections #eef and #eeg of title #e1 ,united ,states ,code1 or in accordance with other statutory formal rulemaking procedures required for such regulations or statements2 7ii7 regulations or other agency statements that are limited to agency organization1 management1 or personnel matters2 7iii7 regulations or other agency statements issued with respect to a military or foreign affairs function of the ,united ,states2 7iv7 regulations1 statements1 or other agency actions that are reviewed and usually modified each year 7or more frequently71 or are reviewed regularly and usually modified based on changing economic or seasonal conditions2 7v7 regulations or other agency actions that grant an approval1 license1 permit1 registration1 or similar authority or that grant or recognize an exemption or relieve a restriction1 or any agency action necessary to permit new or improved applications of technology or to allow the manufacture1 distribution1 sale1 or use of a substance or product2 and 7vi7 regulations or other agency statements that the ,administrator certifies in writing are necessary for the enforcement of the ,federal criminal laws4 7,b7 ,scope of a rule ,for purposes of this title1 each set of rules designated in the ,code of ,federal ,regulations as a part shall be treated as one rule4 ,each set of rules that do not appear in the ,code of ,federal ,regulations and that are comparable to a part of that ,code under guidelines established by the ,administrator shall be treated as one rule4 7#f7 ,sunset review ,the term sunset review means a review of the rule under this title4 #fab4 ,sunset of this title ,this title shall have no force or effect after the #aj-year period beginning on the date of the enactment of this title4 ,,vii ,regulation costs to small businesses and ,grace period for regulatory violations #gja4 ,small ,business ,administration study on the cost of ,federal regulations 7a7 ,in general ,beginning on the date that is #a year after the date of enactment of this title1 and annually thereafter1 the ,administrator shall conduct an annual study of the total costs to small business concerns of ,federal regulations and the amount that such total costs have increased over the prior year4 7b7 ,requirement ,in conducting each study required under subsection 7a71 the ,administrator shall use the best available estimates of the costs and the benefits1 disaggregated by the agency issuing the regulation1 of each major rule 7as defined in section #hjd of title #e1 ,united ,states ,code7 made after the date of the study in the prior year resulting in a net cost to small business concerns during the period to which the report pertains1 and of the cumulative costs of such rules4 ,such estimates may include estimates produced under the terms of ,executive ,order #abhff4 7c7 ,report ,not later than #ij days after completing a study required by this section1 the ,administrator shall submit to the ,committee on ,small ,business of the ,house of ,representatives and the ,committee on ,small ,business and ,entrepreneurship of the ,senate a report on the findings of that study4 7d7 ,funding 7#a7 ,in general ,the ,administration shall carry out this section using unobligated funds otherwise made available to the ,administration4 7#b7 ,sense of congress regarding funding ,it is the sense of ,congress that no additional funds should be made available to the ,administration to carry out this title4 7e7 ,definitions ,in this section-- 7#a7 the terms ,administration and ,administrator mean the ,small ,business ,administration and the ,administrator thereof1 respectively2 and 7#b7 the term small business concern has the same meaning as in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 #gjb4 ,grace period for regulatory violations ,section #eeh of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,before any enforcement action is taken on any sanction on a business for any violation of a rule or pursuant to an adjudication an agency shall-- 7#a7 not later than #aj business days after the date on which the agency determines that a sanction may be imposed on the business1 provide notice to the business that1 if the business is a small business as defined in subsection 7k71 the small business may be subject to a sanction at the end of the grace period described in paragraph 7#c72 7#b7 delay any further action for a period of #ae calendar days2 7#c7 for any small business1 defer any further action for a period of not less than #f months1 less the #ae days described in paragraph 7#b71 which shall be extended by an additional period of #c months on application by the small business demonstrating reasonable efforts made in good faith to remedy the violation or other conduct giving rise to the sanction2 7#d7 make a further determination after the period described in paragraph 7#c7 as to whether or not the small business would still be subject to the sanction as of the end of that period2 7#e7 if the determination under paragraph 7#d7 is that the small business would not be subject to the sanction1 waive the sanction2 and 7#f7 if notice is given more than #aj business days after the date on which the agency determines that a sanction may be imposed on the business1 and the agency determines that the same sanction may have been imposed on the business #aj business days prior to the date of the notice1 that date of notice shall be the effective date commencing the grace period described in paragraph 7#c74 7e7 ,the grace period described by subsection 7d7 shall be applicable only once per business per rule1 but shall cover subsequent violations of the same rule until it expires4 7f7 ,the grace period described by subsection 7d7 shall not apply to a violation that puts anyone in imminent danger1 as defined by the ,occupational ,safety and ,health ,act 7#bi ,u4,s4,c4 #ffb et seq474 7g7 ,nothing in subsection 7d7 shall be construed to prevent a small business from appealing any sanction imposed in accordance with the procedures of the agency1 or from seeking review under chapter #g of this title4 7h7 ,any sanction by an agency on a small business for any violation of a rule or pursuant to an adjudication1 absent proof of written notice of the sanction and the date on which the agency determined that a sanction may be imposed1 or in violation of subsection 7d77#c71 shall be null and void4 7i7 ,federal agencies shall report annually to the ,ombudsman on the utilization of this directive and disclose the penalty mitigation for small businesses4 7j7 ,the ,ombudsman shall include in its annual report to ,congress the agency reports described by subsection 7i7 and a summary of the findings4 7k7 ,for purposes of this section-- 7#a7 term small business is defined as any sole proprietorship1 partnership1 corporation1 limited liability company1 or other business entity1 that-- 7,a7 had less than #aj1jjj1jjj in gross receipts in the preceding calendar year2 7,b7 is considered a small-business concern as such term is defined pursuant to ,section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a772 7,c7 employed fewer than #bjj individuals in the preceding calendar year2 or 7,d7 had ,,cpi adjusted gross receipts of less than #aj1jjj1jjj in the preceding year2 7#b7 the term ,ombudsman has the same meaning given such term in section #cj7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg7;a772 7#c7 the term consumer price index means the consumer price index for all urban consumers published by the ,department of ,labor2 and 7#d7 the term ,,cpi adjusted gross receipts means the amount of gross receipts1 divided by the consumer price index for calendar year #bjab1 and multiplied by the consumer price index for the preceding calendar year1 rounded to the nearest multiple of #ajj1jjj 7or1 if midway between multiples of #ajj1jjj1 to the next higher multiple of #ajj1jjj74 4 ,,viii ,major ,rules of the ,executive ,branch ,be ,approved ,by ,congress #hja4 ,congressional review of agency rulemaking ,chapter #h of title #e1 ,united ,states ,code1 is amended to read as follows3 #h ,congressional ,review of ,agency ,rulemaking ,sec4 #hja4 ,congressional review4 #hjb4 ,congressional approval procedure for major rules4 #hjc4 ,congressional disapproval procedure for nonmajor rules4 #hjd4 ,definitions4 #hje4 ,judicial review4 #hjf4 ,exemption for monetary policy4 #hjg4 ,effective date of certain rules4 #hja4 ,congressional review 7a7 7#a7 7,a7 ,before a rule may take effect1 the ,federal agency promulgating such rule shall submit to each ,house of the ,congress and to the ,comptroller ,general a report containing-- 7i7 a copy of the rule2 7ii7 a concise general statement relating to the rule2 7iii7 a classification of the rule as a major or nonmajor rule1 including an explanation of the classification specifically addressing each criteria for a major rule contained within clauses 7i7 through 7iii7 of section #hjd7b77;,a7 or within section #hjd7b77;,b72 7iv7 a list of any other related regulatory actions taken by or that will be taken by the ,federal agency promulgating the rule that are intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions2 7v7 a list of any other related regulatory actions taken by or that will be taken by any other ,federal agency with authority to implement the same statutory provision or regulatory objective that are intended to implement such provision or objective1 of which the ,federal agency promulgating the rule is aware1 as well as the individual and aggregate economic effects of those actions2 and 7vi7 the proposed effective date of the rule4 7,b7 ,on the date of the submission of the report under subparagraph 7,a71 the ,federal agency promulgating the rule shall submit to the ,comptroller ,general and make available to each ,house of ,congress-- 7i7 a complete copy of the cost-benefit analysis of the rule1 if any1 including an analysis of any jobs added or lost1 differentiating between public and private sector jobs2 7ii7 the agency's actions pursuant to sections #fjc1 #fjd1 #fje1 #fjg1 and #fji of this title2 7iii7 the agency's actions pursuant to sections #bjb1 #bjc1 #bjd1 and #bje of the ,unfunded ,mandates ,reform ,act of #aiie2 and 7iv7 any other relevant information or requirements under any other ,act and any relevant ,executive orders4 7,c7 ,upon receipt of a report submitted under subparagraph 7,a71 each ,house shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the ,house of ,representatives or the ,senate to report a bill to amend the provision of law under which the rule is issued4 7#b7 7,a7 ,the ,comptroller ,general shall provide a report on each major rule to the committees of jurisdiction by the end of #ae calendar days after the submission or publication date4 ,the report of the ,comptroller ,general shall include an assessment of the agency's compliance with procedural steps required by paragraph 7#a77;,b7 and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity4 7,b7 ,federal agencies shall cooperate with the ,comptroller ,general by providing information relevant to the ,comptroller ,general's report under subparagraph 7,a74 7#c7 ,a major rule relating to a report submitted under paragraph 7#a7 shall take effect upon enactment of a joint resolution of approval described in section #hjb or as provided for in the rule following enactment of a joint resolution of approval described in section #hjb1 whichever is later4 7#d7 ,a nonmajor rule shall take effect as provided by section #hjc after submission to ,congress under paragraph 7#a74 7#e7 ,if a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection 7b77#b71 then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same ,congress by either the ,house of ,representatives or the ,senate4 7b7 7#a7 ,a major rule shall not take effect unless the ,congress enacts a joint resolution of approval described under section #hjb4 7#b7 ,if a joint resolution described in subsection 7a7 is not enacted into law by the end of #gj session days or legislative days1 as applicable1 beginning on the date on which the report referred to in section #hja7;a77#a77;,a7 is received by ,congress 7excluding days either ,house of ,congress is adjourned for more than #c days during a session of ,congress71 then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect4 7c7 7#a7 ,notwithstanding any other provision of this section 7except subject to paragraph 7#c771 a major rule may take effect for one #ij-;calendar-day period if the ,president makes a determination under paragraph 7#b7 and submits written notice of such determination to the ,congress4 7#b7 ,paragraph 7#a7 applies to a determination made by the ,president by ,executive order that the major rule should take effect because such rule is-- 7,a7 necessary because of an imminent threat to health or safety or other emergency2 7,b7 necessary for the enforcement of criminal laws2 7,c7 necessary for national security2 or 7,d7 issued pursuant to any statute implementing an international trade agreement4 7#c7 ,an exercise by the ,president of the authority under this subsection shall have no effect on the procedures under section #hjb4 7d7 7#a7 ,in addition to the opportunity for review otherwise provided under this chapter1 in the case of any rule for which a report was submitted in accordance with subsection 7a77#a77;,a7 during the period beginning on the date occurring-- 7,a7 in the case of the ,senate1 #fj session days1 or 7,b7 in the case of the ,house of ,representatives1 #fj legislative days1 before the date the ,congress is scheduled to adjourn a session of ,congress through the date on which the same or succeeding ,congress first convenes its next session1 sections #hjb and #hjc shall apply to such rule in the succeeding session of ,congress4 7#b7 7,a7 ,in applying sections #hjb and #hjc for purposes of such additional review1 a rule described under paragraph 7#a7 shall be treated as though-- 7i7 such rule were published in the ,federal ,register on-- 7,i7 in the case of the ,senate1 the #aeth session day1 or 7,,ii7 in the case of the ,house of ,representatives1 the #aeth legislative day1 after the succeeding session of ,congress first convenes2 and 7ii7 a report on such rule were submitted to ,congress under subsection 7a77#a7 on such date4 7,b7 ,nothing in this paragraph shall be construed to affect the requirement under subsection 7a77#a7 that a report shall be submitted to ,congress before a rule can take effect4 7#c7 ,a rule described under paragraph 7#a7 shall take effect as otherwise provided by law 7including other subsections of this section74 #hjb4 ,congressional approval procedure for major rules 7a7 7#a7 ,for purposes of this section1 the term joint resolution means only a joint resolution addressing a report classifying a rule as major pursuant to section #hja7;a77#a77;,a77iii7 that-- 7,a7 bears no preamble2 7,b7 bears the following title 7with blanks filled as appropriate73 ,approving the rule submitted by relating to 42 7,c7 includes after its resolving clause only the following 7with blanks filled as appropriate73 ,that ,congress approves the rule submitted by relating to 42 and 7,d7 is introduced pursuant to paragraph 7#b74 7#b7 ,after a ,house of ,congress receives a report classifying a rule as major pursuant to section #hja7;a77#a77;,a77iii71 the majority leader of that ,house 7or his or her respective designee7 shall introduce 7by request1 if appropriate7 a joint resolution described in paragraph 7#a7-- 7,a7 in the case of the ,house of ,representatives1 within three legislative days2 and 7,b7 in the case of the ,senate1 within three session days4 7#c7 ,a joint resolution described in paragraph 7#a7 shall not be subject to amendment at any stage of proceeding4 7b7 ,a joint resolution described in subsection 7a7 shall be referred in each ,house of ,congress to the committees having jurisdiction over the provision of law under which the rule is issued4 7c7 ,in the ,senate1 if the committee or committees to which a joint resolution described in subsection 7a7 has been referred have not reported it at the end of #ae session days after its introduction1 such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar4 ,a vote on final passage of the resolution shall be taken on or before the close of the #aeth session day after the resolution is reported by the committee or committees to which it was referred1 or after such committee or committees have been discharged from further consideration of the resolution4 7d7 7#a7 ,in the ,senate1 when the committee or committees to which a joint resolution is referred have reported1 or when a committee or committees are discharged 7under subsection 7c77 from further consideration of a joint resolution described in subsection 7a71 it is at any time thereafter in order 7even though a previous motion to the same effect has been disagreed to7 for a motion to proceed to the consideration of the joint resolution1 and all points of order against the joint resolution 7and against consideration of the joint resolution7 are waived4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the joint resolution is agreed to1 the joint resolution shall remain the unfinished business of the ,senate until disposed of4 7#b7 ,in the ,senate1 debate on the joint resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #b hours1 which shall be divided equally between those favoring and those opposing the joint resolution4 ,a motion to further limit debate is in order and not debatable4 ,an amendment to1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the joint resolution is not in order4 7#c7 ,in the ,senate1 immediately following the conclusion of the debate on a joint resolution described in subsection 7a71 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate1 the vote on final passage of the joint resolution shall occur4 7#d7 ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate to the procedure relating to a joint resolution described in subsection 7a7 shall be decided without debate4 7e7 ,in the ,house of ,representatives1 if any committee to which a joint resolution described in subsection 7a7 has been referred has not reported it to the ,house at the end of #ae legislative days after its introduction1 such committee shall be discharged from further consideration of the joint resolution1 and it shall be placed on the appropriate calendar4 ,on the second and fourth ,thursdays of each month it shall be in order at any time for the ,speaker to recognize a ,member who favors passage of a joint resolution that has appeared on the calendar for at least #e legislative days to call up that joint resolution for immediate consideration in the ,house without intervention of any point of order4 ,when so called up a joint resolution shall be considered as read and shall be debatable for #a hour equally divided and controlled by the proponent and an opponent1 and the previous question shall be considered as ordered to its passage without intervening motion4 ,it shall not be in order to reconsider the vote on passage4 ,if a vote on final passage of the joint resolution has not been taken by the third ,thursday on which the ,speaker may recognize a ,member under this subsection1 such vote shall be taken on that day4 7f7 7#a7 ,if1 before passing a joint resolution described in subsection 7a71 one ,house receives from the other a joint resolution having the same text1 then-- 7,a7 the joint resolution of the other ,house shall not be referred to a committee2 and 7,b7 the procedure in the receiving ,house shall be the same as if no joint resolution had been received from the other ,house until the vote on passage1 when the joint resolution received from the other ,house shall supplant the joint resolution of the receiving ,house4 7#b7 ,this subsection shall not apply to the ,house of ,representatives if the joint resolution received from the ,senate is a revenue measure4 7g7 ,if either ,house has not taken a vote on final passage of the joint resolution by the last day of the period described in section #hja7;b77#b71 then such vote shall be taken on that day4 7h7 ,this section and section #hjc are enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such is deemed to be part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a joint resolution described in subsection 7a7 and superseding other rules only where explicitly so2 and 7#b7 with full recognition of the ,constitutional right of either ,house to change the rules 7so far as they relate to the procedure of that ,house7 at any time1 in the same manner and to the same extent as in the case of any other rule of that ,house4 #hjc4 ,congressional disapproval procedure for nonmajor rules 7a7 ,for purposes of this section1 the term joint resolution means only a joint resolution introduced in the period beginning on the date on which the report referred to in section #hja7;a77#a77;,a7 is received by ,congress and ending #fj days thereafter 7excluding days either ,house of ,congress is adjourned for more than #c days during a session of ,congress71 the matter after the resolving clause of which is as follows3 ,that ,congress disapproves the nonmajor rule submitted by the relating to 1 and such rule shall have no force or effect4 7,the blank spaces being appropriately filled in74 7b7 ,a joint resolution described in subsection 7a7 shall be referred to the committees in each ,house of ,congress with jurisdiction4 7c7 ,in the ,senate1 if the committee to which is referred a joint resolution described in subsection 7a7 has not reported such joint resolution 7or an identical joint resolution7 at the end of #ae session days after the date of introduction of the joint resolution1 such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by #cj ,members of the ,senate1 and such joint resolution shall be placed on the calendar4 7d7 7#a7 ,in the ,senate1 when the committee to which a joint resolution is referred has reported1 or when a committee is discharged 7under subsection 7c77 from further consideration of a joint resolution described in subsection 7a71 it is at any time thereafter in order 7even though a previous motion to the same effect has been disagreed to7 for a motion to proceed to the consideration of the joint resolution1 and all points of order against the joint resolution 7and against consideration of the joint resolution7 are waived4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the joint resolution is agreed to1 the joint resolution shall remain the unfinished business of the ,senate until disposed of4 7#b7 ,in the ,senate1 debate on the joint resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #aj hours1 which shall be divided equally between those favoring and those opposing the joint resolution4 ,a motion to further limit debate is in order and not debatable4 ,an amendment to1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the joint resolution is not in order4 7#c7 ,in the ,senate1 immediately following the conclusion of the debate on a joint resolution described in subsection 7a71 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate1 the vote on final passage of the joint resolution shall occur4 7#d7 ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate to the procedure relating to a joint resolution described in subsection 7a7 shall be decided without debate4 7e7 ,in the ,senate the procedure specified in subsection 7c7 or 7d7 shall not apply to the consideration of a joint resolution respecting a nonmajor rule-- 7#a7 after the expiration of the #fj session days beginning with the applicable submission or publication date1 or 7#b7 if the report under section #hja7;a77#a77;,a7 was submitted during the period referred to in section #hja7;d77#a71 after the expiration of the #fj session days beginning on the #aeth session day after the succeeding session of ,congress first convenes4 7f7 ,if1 before the passage by one ,house of a joint resolution of that ,house described in subsection 7a71 that ,house receives from the other ,house a joint resolution described in subsection 7a71 then the following procedures shall apply3 7#a7 ,the joint resolution of the other ,house shall not be referred to a committee4 7#b7 ,with respect to a joint resolution described in subsection 7a7 of the ,house receiving the joint resolution-- 7,a7 the procedure in that ,house shall be the same as if no joint resolution had been received from the other ,house2 but 7,b7 the vote on final passage shall be on the joint resolution of the other ,house4 #hjd4 ,definitions ,for purposes of this chapter-- 7#a7 ,the term ,federal agency means any agency as that term is defined in section #eea7a74 7#b7 ,the term major rule means any rule1 including an interim final rule1 that the ,administrator of the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget finds-- 7,a7 has resulted in or is likely to result in-- 7i7 an annual effect on the economy of #ej1jjj1jjj or more2 7ii7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 or local government agencies1 or geographic regions2 or 7iii7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 7,b7 is made by the ,administrator of the ,environmental ,protection ,agency and that would have a significant impact on a substantial number of agricultural entities1 as determined by the ,secretary of ,agriculture 7who shall publish such determination in the ,federal ,register72 7,c7 is a rule that implements or provides for the imposition or collection of a carbon tax2 or 7,d7 is made under the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh74 7#c7 ,the term nonmajor rule means any rule that is not a major rule4 7#d7 ,the term rule has the meaning given such term in section #eea1 except that such term does not include any rule of particular applicability1 including a rule that approves or prescribes for the future rates1 wages1 prices1 services1 or allowances therefore1 corporate or financial structures1 reorganizations1 mergers1 or acquisitions thereof1 or accounting practices or disclosures bearing on any of the foregoing4 7#e7 ,the term submission date or publication date1 except as otherwise provided in this chapter1 means-- 7,a7 in the case of a major rule1 the date on which the ,congress receives the report submitted under section #hja7;a77#a72 and 7,b7 in the case of a nonmajor rule1 the later of-- 7i7 the date on which the ,congress receives the report submitted under section #hja7;a77#a72 and 7ii7 the date on which the nonmajor rule is published in the ,federal ,register1 if so published4 7#f7 ,the term agricultural entity means any entity involved in or related to agricultural enterprise1 including enterprises that are engaged in the business of production of food and fiber1 ranching and raising of livestock1 aquaculture1 and all other farming and agricultural related industries4 7#g7 ,the term carbon tax means a fee1 levy1 or price on-- 7,a7 emissions1 including carbon dioxide emissions generated by the burning of coal1 natural gas1 or oil2 or 7,b7 coal1 natural gas1 or oil based on emissions1 including carbon dioxide emissions that would be generated through the fuel's combustion4 #hje4 ,judicial review 7a7 ,no determination1 finding1 action1 or omission under this chapter shall be subject to judicial review4 7b7 ,notwithstanding subsection 7a71 a court may determine whether a ,federal agency has completed the necessary requirements under this chapter for a rule to take effect4 7c7 ,the enactment of a joint resolution of approval under section #hjb shall not be interpreted to serve as a grant or modification of statutory authority by ,congress for the promulgation of a rule1 shall not extinguish or affect any claim1 whether substantive or procedural1 against any alleged defect in a rule1 and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect4 #hjf4 ,exemption for monetary policy ,nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the ,board of ,governors of the ,federal ,reserve ,system or the ,federal ,open ,market ,committee4 #hjg4 ,effective date of certain rules ,notwithstanding section #hja-- 7#a7 any rule that establishes1 modifies1 opens1 closes1 or conducts a regulatory program for a commercial1 recreational1 or subsistence activity related to hunting1 fishing1 or camping2 or 7#b7 any rule other than a major rule which an agency for good cause finds 7and incorporates the finding and a brief statement of reasons therefore in the rule issued7 that notice and public procedure thereon are impracticable1 unnecessary1 or contrary to the public interest1 shall take effect at such time as the ,federal agency promulgating the rule determines4 4 #hjb4 ,budgetary effects of rules subject to section #hjb of title #e1 ,united ,states ,code ,section #beg7;b77#b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe is amended by adding at the end the following new subparagraph3 7,e7 ,budgetary effects of rules subject to section #hjb of title #e1 ,united ,states ,code ,any rules subject to the congressional approval procedure set forth in section #hjb of chapter #h of title #e1 ,united ,states ,code1 affecting budget authority1 outlays1 or receipts shall be assumed to be effective unless it is not approved in accordance with such section4 4 #hjc4 ,government ,accountability ,office study of rules 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study to determine1 as of the date of the enactment of this ,act-- 7#a7 how many rules 7as such term is defined in section #hjd of title #e1 ,united ,states ,code7 were in effect2 7#b7 how many major rules 7as such term is defined in section #hjd of title #e1 ,united ,states ,code7 were in effect2 and 7#c7 the total estimated economic cost imposed by all such rules4 7b7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress that contains the findings of the study conducted under subsection 7a74 ,,ix ,simplification of ,mergers1 ,acquisitions and ,sales of ,small ,business #ija4 ,registration exemption for merger and acquisition brokers 7a7 ,registration exemption ,section #ae7;b7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gho7b77 is amended by adding at the end the following3 7#ac7 ,registration exemption for merger and acquisition brokers 7,a7 ,in general ,except as provided in subparagraph 7,b71 an ,m,a broker shall be exempt from registration under this section4 7,b7 ,excluded activities ,an ,m,a broker is not exempt from registration under this paragraph if such broker does any of the following3 7i7 ,directly or indirectly1 in connection with the transfer of ownership of an eligible privately held company1 receives1 holds1 transmits1 or has custody of the funds or securities to be exchanged by the parties to the transaction4 7ii7 ,engages on behalf of an issuer in a public offering of any class of securities that is registered1 or is required to be registered1 with the ,commission under section #ab or with respect to which the issuer files1 or is required to file1 periodic information1 documents1 and reports under subsection 7d74 7,c7 ,rule of construction ,nothing in this paragraph shall be construed to limit any other authority of the ,commission to exempt any person1 or any class of persons1 from any provision of this title1 or from any provision of any rule or regulation thereunder4 7,d7 ,definitions ,in this paragraph3 7i7 ,control ,the term control means the power1 directly or indirectly1 to direct the management or policies of a company1 whether through ownership of securities1 by contract1 or otherwise4 ,there is a presumption of control for any person who-- 7,i7 is a director1 general partner1 member or manager of a limited liability company1 or officer exercising executive responsibility 7or has similar status or functions72 7,,ii7 has the right to vote #bj percent or more of a class of voting securities or the power to sell or direct the sale of #bj percent or more of a class of voting securities2 or 7,,iii7 in the case of a partnership or limited liability company1 has the right to receive upon dissolution1 or has contributed1 #bj percent or more of the capital4 7ii7 ,eligible privately held company ,the term eligible privately held company means a company that meets both of the following conditions3 7,i7 ,the company does not have any class of securities registered1 or required to be registered1 with the ,commission under section #ab or with respect to which the company files1 or is required to file1 periodic information1 documents1 and reports under subsection 7d74 7,,ii7 ,in the fiscal year ending immediately before the fiscal year in which the services of the ,m,a broker are initially engaged with respect to the securities transaction1 the company meets either or both of the following conditions 7determined in accordance with the historical financial accounting records of the company73 7aa7 ,the earnings of the company before interest1 taxes1 depreciation1 and amortization are less than #be1jjj1jjj4 7bb7 ,the gross revenues of the company are less than #bej1jjj1jjj4 7iii7 ,m,a broker ,the term ,m,a broker means a broker1 and any person associated with a broker1 engaged in the business of effecting securities transactions solely in connection with the transfer of ownership of an eligible privately held company1 regardless of whether the broker acts on behalf of a seller or buyer1 through the purchase1 sale1 exchange1 issuance1 repurchase1 or redemption of1 or a business combination involving1 securities or assets of the eligible privately held company1 if the broker reasonably believes that-- 7,i7 upon consummation of the transaction1 any person acquiring securities or assets of the eligible privately held company1 acting alone or in concert1 will control and1 directly or indirectly1 will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company2 and 7,,ii7 if any person is offered securities in exchange for securities or assets of the eligible privately held company1 such person will1 prior to becoming legally bound to consummate the transaction1 receive or have reasonable access to the most recent year-end balance sheet1 income statement1 statement of changes in financial position1 and statement of owner's equity of the issuer of the securities offered in exchange1 and1 if the financial statements of the issuer are audited1 the related report of the independent auditor1 a balance sheet dated not more than #abj days before the date of the offer1 and information pertaining to the management1 business1 results of operations for the period covered by the foregoing financial statements1 and material loss contingencies of the issuer4 7,e7 ,inflation adjustment 7i7 ,in general ,on the date that is #e years after the date of the enactment of the ,small ,business ,mergers1 ,acquisitions1 ,sales1 and ,brokerage ,simplification ,act of #bjad1 and every #e years thereafter1 each dollar amount in subparagraph 7,d77ii77,,ii7 shall be adjusted by-- 7,i7 dividing the annual value of the ,employment ,cost ,index ,for ,wages and ,salaries1 ,private ,industry ,workers 7or any successor index71 as published by the ,bureau of ,labor ,statistics1 for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index 7or successor7 for the calendar year ending ,december #ca1 #bjab2 and 7,,ii7 multiplying such dollar amount by the quotient obtained under subclause 7,i74 7ii7 ,rounding ,each dollar amount determined under clause 7i7 shall be rounded to the nearest multiple of #ajj1jjj4 4 7b7 ,effective date ,this title and any amendment made by this title shall take effect on the date that is #ij days after the date of the enactment of this ,act4 ,,iii ,energy ,x ,offshore ,energy and ,jobs ,act #ajja4 ,short title ,this title may be cited as the ,offshore ,energy and ,jobs ,act4 ,a ,outer ,continental ,shelf ,leasing ,program ,reforms #ajaa4 ,outer ,continental ,shelf leasing program reforms ,section #ah7;a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7;a77 is amended by adding at the end the following3 7#e7 7,a7 ,in each oil and gas leasing program under this section1 the ,secretary shall make available for leasing and conduct lease sales including at least #ej percent of the available unleased acreage within each outer ,continental ,shelf planning area considered to have the largest undiscovered1 technically recoverable oil and gas resources 7on a total btu basis7 based upon the most recent national geologic assessment of the outer ,continental ,shelf1 with an emphasis on offering the most geologically prospective parts of the planning area4 7,b7 ,the ,secretary shall include in each proposed oil and gas leasing program under this section any ,state subdivision of an outer ,continental ,shelf planning area that the ,governor of the ,state that represents that subdivision requests be made available for leasing4 ,the ,secretary may not remove such a subdivision from the program until publication of the final program1 and shall include and consider all such subdivisions in any environmental review conducted and statement prepared for such program under section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b774 7,c7 ,in this paragraph the term available unleased acreage means that portion of the outer ,continental ,shelf that is not under lease at the time of a proposed lease sale1 and that has not otherwise been made unavailable for leasing by law4 7#f7 7,a7 ,in the #e-year oil and gas leasing program1 the ,secretary shall make available for leasing any outer ,continental ,shelf planning areas that-- 7i7 are estimated to contain more than #b1ejj1jjj1jjj barrels of oil2 or 7ii7 are estimated to contain more than #g1ejj1jjj1jjj1jjj cubic feet of natural gas4 7,b7 ,to determine the planning areas described in subparagraph 7,a71 the ,secretary shall use the document entitled ,minerals ,management ,service ,assessment of ,undiscovered ,technically ,recoverable ,oil and ,gas ,resources of the ,nation's ,outer ,continental ,shelf1 #bjjf4 4 #ajab4 ,domestic oil and natural gas production goal ,section #ah7;b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7;b77 is amended to read as follows3 7b7 ,domestic oil and natural gas production goal - 7#a7 ,in general ,in developing a #e-year oil and gas leasing program1 and subject to paragraph 7#b71 the ,secretary shall determine a domestic strategic production goal for the development of oil and natural gas as a result of that program4 ,such goal shall be-- 7,a7 the best estimate of the possible increase in domestic production of oil and natural gas from the outer ,continental ,shelf2 7,b7 focused on meeting domestic demand for oil and natural gas and reducing the dependence of the ,united ,states on foreign energy2 and 7,c7 focused on the production increases achieved by the leasing program at the end of the #ae-year period beginning on the effective date of the program4 7#b7 ,program goal ,for purposes of the #e-year oil and gas leasing program1 the production goal referred to in paragraph 7#a7 shall be an increase by #bjcb of-- 7,a7 no less than #c1jjj1jjj barrels in the amount of oil produced per day2 and 7,b7 no less than #aj1jjj1jjj1jjj cubic feet in the amount of natural gas produced per day4 7#c7 ,reporting ,the ,secretary shall report annually1 beginning at the end of the #e-year period for which the program applies1 to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate on the progress of the program in meeting the production goal4 ,the ,secretary shall identify in the report projections for production and any problems with leasing1 permitting1 or production that will prevent meeting the goal4 4 #ajac4 ,development and submittal of new #e-year oil and gas leasing program 7a7 ,in general ,the ,secretary of the ,interior shall-- 7#a7 by not later than ,july #ae1 #bjad1 publish and submit to ,congress a new proposed oil and gas leasing program under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7 for the #e-year period beginning on such date and ending ,july #ae1 #bjbj2 and 7#b7 by not later than ,july #ae1 #bjae1 approve a final oil and gas leasing program under such section for such period4 7b7 ,consideration of all areas ,in preparing such program the ,secretary shall include consideration of areas of the ,continental ,shelf off the coasts of all ,states 7as such term is defined in section #b of that ,act1 as amended by this title71 that are subject to leasing under this title4 7c7 ,technical correction ,section #ah7;d77#c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7;d77#c77 is amended by striking or after eighteen months following the date of enactment of this section1 whichever first occurs14 #ajad4 ,rule of construction ,nothing in this title shall be construed to authorize the issuance of a lease under the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq47 to any person designated for the imposition of sanctions pursuant to-- 7#a7 the ,iran ,sanctions ,act of #aiif 7#ej ,u4,s4,c4 #agja note71 the ,comprehensive ,iran ,sanctions1 ,accountability and ,divestiture ,act of #bjaj 7#bb ,u4,s4,c4 #heja et seq471 the ,iran ,threat ,reduction and ,syria ,human ,rights ,act of #bjab 7#bb ,u4,s4,c4 #hgja et seq471 section #abde of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7#bb ,u4,s4,c4 #heac;a71 or the ,iran ,freedom and ,counter-,proliferation ,act of #bjab 7#bb ,u4,s4,c4 #hhja et seq472 7#b7 ,executive ,order ,no4 #acfbb 7,july #cj1 #bjab71 ,executive ,order ,no4 #acfbh 7,october #i1 #bjab71 or ,executive ,order ,no4 #acfde 7,june #c1 #bjac72 7#c7 ,executive ,order ,no4 #acbbd 7,september #bc1 #bjja7 or ,executive ,order ,no4 #accch 7,may #aa1 #bjjd72 or 7#d7 the ,syria ,accountability and ,lebanese ,sovereignty ,restoration ,act of #bjjc 7#bb ,u4,s4,c4 #baea note74 ,b ,directing the ,president ,to ,conduct ,new ,,ocs ,sales in ,virginia1 ,south ,carolina1 and ,california #ajba4 ,requirement to conduct proposed oil and gas ,lease ,sale #bbj on the ,outer ,continental ,shelf offshore ,virginia 7a7 ,in general ,notwithstanding the exclusion of ,lease ,sale #bbj in the ,final ,outer ,continental ,shelf ,oil ,gas ,leasing ,program #bjab-bjag1 the ,secretary of the ,interior shall conduct offshore oil and gas ,lease ,sale #bbj under section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7 as soon as practicable1 but not later than one year after the date of enactment of this ,act4 7b7 ,requirement ,to make replacement lease blocks available ,for each lease block in a proposed lease sale under this section for which the ,secretary of ,defense1 in consultation with the ,secretary of the ,interior1 under the ,memorandum of ,agreement referred to in section #ajbe7;b71 issues a statement proposing deferral from a lease offering due to defense-related activities that are irreconcilable with mineral exploration and development1 the ,secretary of the ,interior1 in consultation with the ,secretary of ,defense1 shall make available in the same lease sale one other lease block in the ,virginia lease sale planning area that is acceptable for oil and gas exploration and production in order to mitigate conflict4 7c7 ,balancing military and energy production goals ,in recognition that the ,outer ,continental ,shelf oil and gas leasing program and the domestic energy resources produced therefrom are integral to national security1 the ,secretary of the ,interior and the ,secretary of ,defense shall work jointly in implementing this section in order to ensure achievement of the following common goals3 7#a7 ,preserving 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 ,shelf4 7#b7 ,allowing effective exploration1 development1 and production of our ,nation's oil1 gas1 and renewable energy resources4 7d7 ,definitions ,in this section3 7#a7 ,lease sale #bbj ,the term ,lease ,sale #bbj means such lease sale referred to in the ,request for ,comments on the ,draft ,proposed #e-,year ,outer ,continental ,shelf 7,,ocs7 ,oil and ,gas ,leasing ,program for #bjaj-bjae and ,notice of ,intent ,to ,prepare an ,environmental ,impact ,statement 7,,eis7 for the ,proposed #e-,year ,program published ,january #ba1 #bjji 7#gd ,fed4 ,reg4 #cfca74 7#b7 ,virginia lease sale planning area ,the term ,virginia lease sale planning area means the area of the outer ,continental ,shelf 7as that term is defined in the ,outer ,continental ,shelf ,lands ,act 7#cc ,u4,s4,c4 #acca et seq477 that is bounded by-- 7,a7 a northern boundary consisting of a straight line extending from the northernmost point of ,virginia's seaward boundary to the point on the seaward boundary of the ,united ,states exclusive economic zone located at #cg degrees #ag minutes #a second ,north latitude1 #ga degrees #e minutes #af seconds ,west longitude2 and 7,b7 a southern boundary consisting of a straight line extending from the southernmost point of ,virginia's seaward boundary to the point on the seaward boundary of the ,united ,states exclusive economic zone located at #cf degrees #ca minutes #eh seconds ,north latitude1 #ga degrees #cj minutes #a second ,west longitude4 #ajbb4 ,south ,carolina lease sale ,notwithstanding inclusion of the ,south ,atlantic ,outer ,continental ,shelf ,planning ,area in the ,final ,outer ,continental ,shelf ,oil ,gas ,leasing ,program #bjab-bjag1 the ,secretary of the ,interior shall conduct a lease sale not later than #b years after the date of the enactment of this ,act for areas off the coast of ,south ,carolina determined by the ,secretary to have the most geologically promising hydrocarbon resources and constituting not less than #be percent of the leasable area within the ,south ,carolina offshore administrative boundaries depicted in the notice entitled ,federal ,outer ,continental ,shelf 7,,ocs7 ,administrative ,boundaries ,extending from the ,submerged ,lands ,act ,boundary seaward to the ,limit of the ,united ,states ,outer ,continental ,shelf1 published ,january #c1 #bjjf 7#ga ,fed4 ,reg4 #abg74 #ajbc4 ,southern ,california existing infrastructure lease sale 7a7 ,in general ,the ,secretary of the ,interior shall offer for sale leases of tracts in the ,santa ,maria and ,santa ,barbara_/,ventura ,basins of the ,southern ,california ,,ocs ,planning ,area as soon as practicable1 but not later than ,december #ca1 #bjad4 7b7 ,use of ,existing ,structures or ,onshore-,based ,drilling ,the ,secretary of the ,interior shall include in leases offered for sale under this lease sale such terms and conditions as are necessary to require that development and production may occur only from offshore infrastructure in existence on the date of the enactment of this ,act or from onshore-based1 extended-reach drilling4 #ajbd4 ,environmental impact statement requirement 7a7 ,in ,general ,for the purposes of this title1 the ,secretary of the ,interior shall prepare a multisale environmental impact statement under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7 for all lease sales required under this subtitle4 7b7 ,actions ,to be considered ,notwithstanding section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb71 in such statement-- 7#a7 the ,secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such alternative courses of action2 and 7#b7 the ,secretary shall only-- 7,a7 identify a preferred action for leasing and not more than one alternative leasing proposal2 and 7,b7 analyze the environmental effects and potential mitigation measures for such preferred action and such alternative leasing proposal4 #ajbe4 ,national defense 7a7 ,national ,defense ,areas ,this title does not affect the existing 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 7b7 ,prohibition on ,conflicts ,with ,military ,operations ,no person may engage in any exploration1 development1 or production of oil or natural gas on the ,outer ,continental ,shelf under a lease issued under this title that would conflict with any military operation1 as determined in accordance with the ,memorandum of ,agreement between the ,department of ,defense and the ,department of the ,interior on ,mutual ,concerns on the ,outer ,continental ,shelf signed ,july #bj1 #aihc1 and any revision or replacement for that agreement that is agreed to by the ,secretary of ,defense and the ,secretary of the ,interior after that date but before the date of issuance of the lease under which such exploration1 development1 or production is conducted4 #ajbf4 ,opening the ,eastern ,gulf of ,mexico for exploration 7a7 ,repeal ,section #ajd of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7title ,i of division ,c of ,public ,law #aji-dcb2 #dc ,u4,s4,c4 #acca note7 is repealed4 7b7 ,exchanges not affected ,subsection 7a7 of this section shall not affect any exchange made before the date of the enactment of this ,act4 ,c ,equitable ,sharing of ,outer ,continental ,shelf ,revenues #ajca4 ,disposition of ,outer ,continental ,shelf revenues to coastal ,states 7a7 ,in general ,section #i of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acch7 is amended-- 7#a7 in the existing text-- 7,a7 in the first sentence1 by striking ,all rentals1 and inserting the following3 7c7 ,disposition of revenue under old leases ,all rentals1 2 and 7,b7 in subsection 7c7 7as designated by the amendment made by subparagraph 7,a7 of this paragraph71 by striking for the period from ,june #e1 #aiej1 to date1 and thereafter and inserting in the period beginning ,june #e1 #aiej1 and ending on the date of enactment of the ,offshore ,energy and ,jobs ,act2 7#b7 by adding after subsection 7c7 7as so designated7 the following3 7d7 ,definitions ,in this section3 7#a7 ,coastal ,state ,the term coastal ,state includes a territory of the ,united ,states4 7#b7 ,new leasing revenues ,the term new leasing revenues-- 7,a7 means amounts received by the ,united ,states as bonuses1 rents1 and royalties under leases for oil and gas1 wind1 tidal1 or other energy exploration1 development1 and production on new areas of the outer ,continental ,shelf that are authorized to be made available for leasing as a result of enactment of the ,offshore ,energy and ,jobs ,act and leasing under that ,act2 and 7,b7 does not include amounts received by the ,united ,states under any lease of an area located in the boundaries of the ,central ,gulf of ,mexico and ,western ,gulf of ,mexico ,outer ,continental ,shelf ,planning ,areas on the date of enactment of the ,offshore ,energy and ,jobs ,act1 including a lease issued before1 on1 or after such date of enactment4 2 and 7#c7 by inserting before subsection 7c7 7as so designated7 the following3 7a7 ,payment of new leasing revenues to coastal ,states 7#a7 ,in general ,except as provided in paragraph 7#b71 of the amount of new leasing revenues received by the ,united ,states each fiscal year1 #cg4e percent shall be allocated and paid in accordance with subsection 7b7 to coastal ,states that are affected ,states with respect to the leases under which those revenues are received by the ,united ,states4 7#b7 ,phase-in 7,a7 ,in general ,except as provided in subparagraph 7,b71 paragraph 7#a7 shall be applied-- 7i7 with respect to new leasing revenues under leases awarded under the first leasing program under section #ah7;a7 that takes effect after the date of enactment of the ,offshore ,energy and ,jobs ,act1 by substituting #ab4e percent for #cg4e percent2 and 7ii7 with respect to new leasing revenues under leases awarded under the second leasing program under section #ah7;a7 that takes effect after the date of enactment of the ,offshore ,energy and ,jobs ,act1 by substituting #be percent for #cg4e percent4 7,b7 ,exempted lease sales ,this paragraph shall not apply with respect to any lease issued under title ,,ii of the ,offshore ,energy and ,jobs ,act4 7b7 ,allocation of payments 7#a7 ,in general ,the amount of new leasing revenues received by the ,united ,states with respect to a leased tract that are required to be paid to coastal ,states in accordance with this subsection each fiscal year shall be allocated among and paid to coastal ,states that are within #bjj miles of the leased tract1 in amounts that are inversely proportional to the respective distances between the point on the coastline of each such ,state that is closest to the geographic center of the lease tract1 as determined by the ,secretary4 7#b7 ,minimum and maximum allocation ,the amount allocated to a coastal ,state under paragraph 7#a7 each fiscal year with respect to a leased tract shall be-- 7,a7 in the case of a coastal ,state that is the nearest ,state to the geographic center of the leased tract1 not less than #be percent of the total amounts allocated with respect to the leased tract2 7,b7 in the case of any other coastal ,state1 not less than #aj percent1 and not more than #ae percent1 of the total amounts allocated with respect to the leased tract2 and 7,c7 in the case of a coastal ,state that is the only coastal ,state within #bjj miles of a leased tract1 #ajj percent of the total amounts allocated with respect to the leased tract4 7#c7 ,administration ,amounts allocated to a coastal ,state under this subsection-- 7,a7 shall be available to the coastal ,state without further appropriation2 7,b7 shall remain available until expended2 7,c7 shall be in addition to any other amounts available to the coastal ,state under this ,act2 and 7,d7 shall be distributed in the fiscal year following receipt4 7#d7 ,use of funds 7,a7 ,in general ,except as provided in subparagraph 7,b71 a coastal ,state may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that ,state4 7,b7 ,restriction on use for matching ,funds allocated and paid to a coastal ,state under this subsection may not be used as matching funds for any other ,federal program4 4 7b7 ,limitation on application ,this section and the amendment made by this section shall not affect the application of section #aje of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7title ,i of division ,c of ,public ,law #aji-dcb2 7#dc ,u4,s4,c4 #acca note771 as in effect before the enactment of this ,act1 with respect to revenues received by the ,united ,states under oil and gas leases issued for tracts located in the ,western and ,central ,gulf of ,mexico ,outer ,continental ,shelf ,planning ,areas1 including such leases issued on or after the date of the enactment of this ,act4 ,d ,reorganization of ,minerals ,management ,agencies of the ,department of the ,interior #ajda4 ,establishment of ,under ,secretary for ,energy1 ,lands1 and ,minerals and ,assistant ,secretary of ,ocean ,energy and ,safety ,there shall be in the ,department of the ,interior-- 7#a7 an ,under ,secretary for ,energy1 ,lands1 and ,minerals1 who shall-- 7,a7 be appointed by the ,president1 by and with the advise and consent of the ,senate2 7,b7 report to the ,secretary of the ,interior or1 if directed by the ,secretary1 to the ,deputy ,secretary of the ,interior2 7,c7 be paid at the rate payable for level ,,iii of the ,executive ,schedule2 and 7,d7 be responsible for-- 7i7 the safe and responsible development of our energy and mineral resources on ,federal lands in appropriate accordance with ,united ,states energy demands2 and 7ii7 ensuring multiple-use missions of the ,department of the ,interior that promote the safe and sustained development of energy and minerals resources on public lands 7as that term is defined in the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq4772 7#b7 an ,assistant ,secretary of ,ocean ,energy and ,safety1 who shall-- 7,a7 be appointed by the ,president1 by and with the advise and consent of the ,senate2 7,b7 report to the ,under ,secretary for ,energy1 ,lands1 and ,minerals2 7,c7 be paid at the rate payable for level ,,iv of the ,executive ,schedule2 and 7,d7 be responsible for ensuring safe and efficient development of energy and minerals on the ,outer ,continental ,shelf of the ,united ,states2 and 7#c7 an ,assistant ,secretary of ,land and ,minerals ,management1 who shall-- 7,a7 be appointed by the ,president1 by and with the advise and consent of the ,senate2 7,b7 report to the ,under ,secretary for ,energy1 ,lands1 and ,minerals2 7,c7 be paid at the rate payable for level ,,iv of the ,executive ,schedule2 and 7,d7 be responsible for ensuring safe and efficient development of energy and minerals on public lands and other ,federal onshore lands under the jurisdiction of the ,department of the ,interior1 including implementation of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 and the ,surface ,mining ,control and ,reclamation ,act 7#cj ,u4,s4,c4 #abja et seq47 and administration of the ,office of ,surface ,mining4 #ajdb4 ,bureau of ,ocean ,energy 7a7 ,establishment ,there is established in the ,department of the ,interior a ,bureau of ,ocean ,energy 7referred to in this section as the ,bureau71 which shall-- 7#a7 be headed by a ,director of ,ocean ,energy 7referred to in this section as the ,director72 and 7#b7 be administered under the direction of the ,assistant ,secretary of ,ocean ,energy and ,safety4 7b7 ,director 7#a7 ,appointment ,the ,director shall be appointed by the ,secretary of the ,interior4 7#b7 ,compensation ,the ,director shall be compensated at the rate provided for level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7c7 ,duties 7#a7 ,in general ,the ,secretary of the ,interior shall carry out through the ,bureau all functions1 powers1 and duties vested in the ,secretary relating to the administration of a comprehensive program of offshore mineral and renewable energy resources management4 7#b7 ,specific authorities ,the ,director shall promulgate and implement regulations-- 7,a7 for the proper issuance of leases for the exploration1 development1 and production of nonrenewable and renewable energy and mineral resources on the ,outer ,continental ,shelf2 7,b7 relating to resource identification1 access1 evaluation1 and utilization2 7,c7 for development of leasing plans1 lease sales1 and issuance of leases for such resources2 and 7,d7 regarding issuance of environmental impact statements related to leasing and post leasing activities including exploration1 development1 and production1 and the use of third party contracting for necessary environmental analysis for the development of such resources4 7#c7 ,limitation ,the ,secretary shall not carry out through the ,bureau any function1 power1 or duty that is-- 7,a7 required by section #ajdc to be carried out through the ,ocean ,energy ,safety ,service2 or 7,b7 required by section #ajdd to be carried out through the ,office of ,natural ,resources ,revenue4 7d7 ,responsibilities of land management agencies ,nothing in this section shall affect the authorities of the ,bureau of ,land ,management under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq47 or of the ,forest ,service under the ,national ,forest ,management ,act of #aigf 7,public ,law #id-ehh74 #ajdc4 ,ocean ,energy ,safety ,service 7a7 ,establishment ,there is established in the ,department of the ,interior an ,ocean ,energy ,safety ,service 7referred to in this section as the ,service71 which shall-- 7#a7 be headed by a ,director of ,energy ,safety 7referred to in this section as the ,director72 and 7#b7 be administered under the direction of the ,assistant ,secretary of ,ocean ,energy and ,safety4 7b7 ,director 7#a7 ,appointment ,the ,director shall be appointed by the ,secretary of the ,interior4 7#b7 ,compensation ,the ,director shall be compensated at the rate provided for level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7c7 ,duties 7#a7 ,in general ,the ,secretary of the ,interior shall carry out through the ,service all functions1 powers1 and duties vested in the ,secretary relating to the administration of safety and environmental enforcement activities related to offshore mineral and renewable energy resources on the ,outer ,continental ,shelf pursuant to the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq47 including the authority to develop1 promulgate1 and enforce regulations to ensure the safe and sound exploration1 development1 and production of mineral and renewable energy resources on the ,outer ,continental ,shelf in a timely fashion4 7#b7 ,specific authorities ,the ,director shall be responsible for all safety activities related to exploration and development of renewable and mineral resources on the ,outer ,continental ,shelf1 including-- 7,a7 exploration1 development1 production1 and ongoing inspections of infrastructure2 7,b7 the suspending or prohibiting1 on a temporary basis1 any operation or activity1 including production under leases held on the ,outer ,continental ,shelf1 in accordance with section #e7;a77#a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accd7;a77#a772 7,c7 cancelling any lease1 permit1 or right-of-way on the ,outer ,continental ,shelf1 in accordance with section #e7;a77#b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accd7;a77#b772 7,d7 compelling compliance with applicable ,federal laws and regulations relating to worker safety and other matters2 7,e7 requiring comprehensive safety and environmental management programs for persons engaged in activities connected with the exploration1 development1 and production of mineral or renewable energy resources2 7,f7 developing and implementing regulations for ,federal employees to carry out any inspection or investigation to ascertain compliance with applicable regulations1 including health1 safety1 or environmental regulations2 7,g7 implementing the ,offshore ,technology ,research and ,risk ,assessment ,program under section #ba of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdg72 7,h7 summoning witnesses and directing the production of evidence2 7,i7 levying fines and penalties and disqualifying operators2 7,j7 carrying out any safety1 response1 and removal preparedness functions2 and 7,k7 the processing of permits1 exploration plans1 development plans4 7d7 ,employees 7#a7 ,in general ,the ,secretary shall ensure that the inspection force of the ,bureau consists of qualified1 trained employees who meet qualification requirements and adhere to the highest professional and ethical standards4 7#b7 ,qualifications ,the qualification requirements referred to in paragraph 7#a7-- 7,a7 shall be determined by the ,secretary1 subject to subparagraph 7,b72 and 7,b7 shall include-- 7i7 three years of practical experience in oil and gas exploration1 development1 or production2 or 7ii7 a degree in an appropriate field of engineering from an accredited institution of higher learning4 7#c7 ,assignment ,in assigning oil and gas inspectors to the inspection and investigation of individual operations1 the ,secretary shall give due consideration to the extent possible to their previous experience in the particular type of oil and gas operation in which such inspections are to be made4 7#d7 ,background checks ,the ,director shall require that an individual to be hired as an inspection officer undergo an employment investigation 7including a criminal history record check74 7#e7 ,language requirements ,individuals hired as inspectors must be able to read1 speak1 and write ,english well enough to-- 7,a7 carry out written and oral instructions regarding the proper performance of inspection duties2 and 7,b7 write inspection reports and statements and log entries in the ,english language4 7#f7 ,veterans preference ,the ,director shall provide a preference for the hiring of an individual as a inspection officer if the individual is a member or former member of the ,armed ,forces and is entitled1 under statute1 to retired1 retirement1 or retainer pay on account of service as a member of the ,armed ,forces4 7#g7 ,annual proficiency review 7,a7 ,annual proficiency review ,the ,director shall provide that an annual evaluation of each individual assigned inspection duties is conducted and documented4 7,b7 ,continuation of employment ,an individual employed as an inspector may not continue to be employed in that capacity unless the evaluation demonstrates that the individual-- 7i7 continues to meet all qualifications and standards2 7ii7 has a satisfactory record of performance and attention to duty based on the standards and requirements in the inspection program2 and 7iii7 demonstrates the current knowledge and skills necessary to courteously1 vigilantly1 and effectively perform inspection functions4 7#h7 ,limitation on right to strike ,any individual that conducts permitting or inspections under this section may not participate in a strike1 or assert the right to strike4 7#i7 ,personnel authority ,notwithstanding any other provision of law1 the ,director may employ1 appoint1 discipline and terminate for cause1 and fix the compensation1 terms1 and conditions of employment of ,federal service for individuals as the employees of the ,service in order to restore and maintain the trust of the people of the ,united ,states in the accountability of the management of our ,nation's energy safety program4 7#aj7 ,training ,academy 7,a7 ,in general ,the ,secretary shall establish and maintain a ,national ,offshore ,energy ,safety ,academy 7referred to in this paragraph as the ,academy7 as an agency of the ,ocean ,energy ,safety ,service4 7,b7 ,functions of ,academy ,the ,secretary1 through the ,academy1 shall be responsible for-- 7i7 the initial and continued training of both newly hired and experienced offshore oil and gas inspectors in all aspects of health1 safety1 environmental1 and operational inspections2 7ii7 the training of technical support personnel of the ,bureau2 7iii7 any other training programs for offshore oil and gas inspectors1 ,bureau personnel1 ,department personnel1 or other persons as the ,secretary shall designate2 and 7iv7 certification of the successful completion of training programs for newly hired and experienced offshore oil and gas inspectors4 7,c7 ,cooperative agreements 7i7 ,in general ,in performing functions under this paragraph1 and subject to clause 7ii71 the ,secretary may enter into cooperative educational and training agreements with educational institutions1 related ,federal academies1 other ,federal agencies1 ,state governments1 safety training firms1 and oil and gas operators and related industries4 7ii7 ,training requirement ,such training shall be conducted by the ,academy in accordance with curriculum needs and assignment of instructional personnel established by the ,secretary4 7#aa7 ,use of ,department personnel ,in performing functions under this subsection1 the ,secretary shall use1 to the extent practicable1 the facilities and personnel of the ,department of the ,interior4 ,the ,secretary may appoint or assign to the ,academy such officers and employees as the ,secretary considers necessary for the performance of the duties and functions of the ,academy4 7#ab7 ,additional training programs 7,a7 ,in general ,the ,secretary shall work with appropriate educational institutions1 operators1 and representatives of oil and gas workers to develop and maintain adequate programs with educational institutions and oil and gas operators that are designed-- 7i7 to enable persons to qualify for positions in the administration of this title2 and 7ii7 to provide for the continuing education of inspectors or other appropriate ,department of the ,interior personnel4 7,b7 ,financial and technical assistance ,the ,secretary may provide financial and technical assistance to educational institutions in carrying out this paragraph4 7e7 ,limitation ,the ,secretary shall not carry out through the ,service any function1 power1 or duty that is-- 7#a7 required by section #ajdb to be carried out through ,bureau of ,ocean ,energy2 or 7#b7 required by section #ajdd to be carried out through the ,office of ,natural ,resources ,revenue4 #ajdd4 ,office of ,natural ,resources ,revenue 7a7 ,establishment ,there is established in the ,department of the ,interior an ,office of ,natural ,resources ,revenue 7referred to in this section as the ,office7 to be headed by a ,director of ,natural ,resources ,revenue 7referred to in this section as the ,director74 7b7 ,appointment and compensation 7#a7 ,in general ,the ,director shall be appointed by the ,secretary of the ,interior4 7#b7 ,compensation ,the ,director shall be compensated at the rate provided for ,level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7c7 ,duties 7#a7 ,in general ,the ,secretary of the ,interior shall carry out1 through the ,office1 all functions1 powers1 and duties vested in the ,secretary and relating to the administration of offshore royalty and revenue management functions4 7#b7 ,specific authorities ,the ,secretary shall carry out1 through the ,office1 all functions1 powers1 and duties previously assigned to the ,minerals ,management ,service 7including the authority to develop1 promulgate1 and enforce regulations7 regarding offshore royalty and revenue collection2 royalty and revenue distribution2 auditing and compliance2 investigation and enforcement of royalty and revenue regulations2 and asset management for onshore and offshore activities4 7d7 ,limitation ,the ,secretary shall not carry out through the ,office any function1 power1 or duty that is-- 7#a7 required by section #ajdb to be carried out through ,bureau of ,ocean ,energy2 or 7#b7 required by section #ajdc to be carried out through the ,ocean ,energy ,safety ,service4 #ajde4 ,ethics and drug testing 7a7 ,certification ,the ,secretary of the ,interior shall certify annually that all ,department of the ,interior officers and employees having regular1 direct contact with lessees1 contractors1 concessionaires1 and other businesses interested before the ,government as a function of their official duties1 or conducting investigations1 issuing permits1 or responsible for oversight of energy programs1 are in full compliance with all ,federal employee ethics laws and regulations under the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 and part #bfce of title #e1 ,code of ,federal ,regulations1 and all guidance issued under subsection 7c74 7b7 ,drug ,testing ,the ,secretary shall conduct a random drug testing program of all ,department of the ,interior personnel referred to in subsection 7a74 7c7 ,guidance ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall issue supplementary ethics and drug testing guidance for the employees for which certification is required under subsection 7a74 ,the ,secretary shall update the supplementary ethics guidance not less than once every #c years thereafter4 #ajdf4 ,abolishment of ,minerals ,management ,service 7a7 ,abolishment ,the ,minerals ,management ,service is abolished4 7b7 ,completed administrative actions 7#a7 ,in general ,completed administrative actions of the ,minerals ,management ,service shall not be affected by the enactment of this ,act1 but shall continue in effect according to their terms until amended1 modified1 superseded1 terminated1 set aside1 or revoked in accordance with law by an officer of the ,united ,states or a court of competent jurisdiction1 or by operation of law4 7#b7 ,completed administrative action defined ,for purposes of paragraph 7#a71 the term completed administrative action includes orders1 determinations1 memoranda of understanding1 memoranda of agreements1 rules1 regulations1 personnel actions1 permits1 agreements1 grants1 contracts1 certificates1 licenses1 registrations1 and privileges4 7c7 ,pending ,proceedings ,subject to the authority of the ,secretary of the ,interior and the officers of the ,department of the ,interior under this title-- 7#a7 pending proceedings in the ,minerals ,management ,service1 including notices of proposed rulemaking1 and applications for licenses1 permits1 certificates1 grants1 and financial assistance1 shall continue1 notwithstanding the enactment of this title or the vesting of functions of the ,service in another agency1 unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance or modification could have occurred if this title had not been enacted2 and 7#b7 orders issued in such proceedings1 and appeals therefrom1 and payments made pursuant to such orders1 shall issue in the same manner and on the same terms as if this title had not been enacted1 and any such orders shall continue in effect until amended1 modified1 superseded1 terminated1 set aside1 or revoked by an officer of the ,united ,states or a court of competent jurisdiction1 or by operation of law4 7d7 ,pending ,civil ,actions ,subject to the authority of the ,secretary of the ,interior or any officer of the ,department of the ,interior under this title1 pending civil actions shall continue notwithstanding the enactment of this ,act1 and in such civil actions1 proceedings shall be had1 appeals taken1 and judgments rendered and enforced in the same manner and with the same effect as if such enactment had not occurred4 7e7 ,references ,references relating to the ,minerals ,management ,service in statutes1 ,executive orders1 rules1 regulations1 directives1 or delegations of authority that precede the effective date of this title are deemed to refer1 as appropriate1 to the ,department1 to its officers1 employees1 or agents1 or to its corresponding organizational units or functions4 ,statutory reporting requirements that applied in relation to the ,minerals ,management ,service immediately before the effective date of this title shall continue to apply4 #ajdg4 ,conforming amendments to ,executive ,schedule pay rates 7a7 ,under ,secretary for ,energy1 ,lands1 and ,minerals ,section #ecad of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to ,under ,secretaries of the ,treasury 7#c74 the following3 ,under ,secretary for ,energy1 ,lands1 and ,minerals1 ,department of the ,interior4 4 7b7 ,assistant ,secretaries ,section #ecae of title #e1 ,united ,states ,code1 is amended by striking ,assistant ,secretaries of the ,interior 7#f74 and inserting the following3 ,assistant ,secretaries1 ,department of the ,interior 7#g74 4 7c7 ,directors ,section #ecaf of title #e1 ,united ,states ,code1 is amended by striking ,director1 ,bureau of ,mines1 ,department of the ,interior4 and inserting the following new items3 ,director1 ,bureau of ,ocean ,energy1 ,department of the ,interior4,director1 ,ocean ,energy ,safety ,service1 ,department of the ,interior4,director1 ,office of ,natural ,resources ,revenue1 ,department of the ,interior4 4 #ajdh4 ,outer ,continental ,shelf ,energy ,safety ,advisory ,board 7a7 ,establishment ,the ,secretary of the ,interior shall establish1 under the ,federal ,advisory ,committee ,act1 an ,outer ,continental ,shelf ,energy ,safety ,advisory ,board 7referred to in this section as the ,board7-- 7#a7 to provide the ,secretary and the ,directors established by this title with independent scientific and technical advice on safe1 responsible1 and timely mineral and renewable energy exploration1 development1 and production activities2 and 7#b7 to review operations of the ,national ,offshore ,energy ,health and ,safety ,academy established under section #ajdc7;d71 including submitting to the ,secretary recommendations of curriculum to ensure training scientific and technical advancements4 7b7 ,membership 7#a7 ,size ,the ,board shall consist of not more than #aa members1 who-- 7,a7 shall be appointed by the ,secretary based on their expertise in oil and gas drilling1 well design1 operations1 well containment and oil spill response2 and 7,b7 must have significant scientific1 engineering1 management1 and other credentials and a history of working in the field related to safe energy exploration1 development1 and production activities4 7#b7 ,consultation and nominations ,the ,secretary shall consult with the ,national ,academy of ,sciences and the ,national ,academy of ,engineering to identify potential candidates for the ,board and shall take nominations from the public4 7#c7 ,term ,the ,secretary shall appoint ,board members to staggered terms of not more than #d years1 and shall not appoint a member for more than #b consecutive terms4 7#d7 ,balance ,in appointing members to the ,board1 the ,secretary shall ensure a balanced representation of industry and research interests4 7c7 ,chair ,the ,secretary shall appoint the ,chair for the ,board from among its members4 7d7 ,meetings ,the ,board shall meet not less than #c times per year and shall host1 at least once per year1 a public forum to review and assess the overall energy safety performance of ,outer ,continental ,shelf mineral and renewable energy resource activities4 7e7 ,offshore drilling safety assessments and recommendations ,as part of its duties under this section1 the ,board shall1 by not later than #ahj days after the date of enactment of this section and every #e years thereafter1 submit to the ,secretary a report that-- 7#a7 assesses offshore oil and gas well control technologies1 practices1 voluntary standards1 and regulations in the ,united ,states and elsewhere2 and 7#b7 as appropriate1 recommends modifications to the regulations issued under this title to ensure adequate protection of safety and the environment1 including recommendations on how to reduce regulations and administrative actions that are duplicative or unnecessary4 7f7 ,reports ,reports of the ,board shall be submitted by the ,board to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate and made available to the public in electronically accessible form4 7g7 ,travel expenses ,members of the ,board1 other than full-time employees of the ,federal ,government1 while attending meeting of the ,board or while otherwise serving at the request of the ,secretary or the ,director while serving away from their homes or regular places of business1 may be allowed travel expenses1 including per diem in lieu of subsistence1 as authorized by section #egjc of title #e1 ,united ,states ,code1 for individuals in the ,government serving without pay4 #ajdi4 ,outer ,continental ,shelf inspection fees ,section #bb of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdh7 is amended by adding at the end of the section the following3 7g7 ,inspection fees 7#a7 ,establishment ,the ,secretary of the ,interior shall collect from the operators of facilities subject to inspection under subsection 7c7 non-refundable fees for such inspections-- 7,a7 at an aggregate level equal to the amount necessary to offset the annual expenses of inspections of outer ,continental ,shelf facilities 7including mobile offshore drilling units7 by the ,department of the ,interior2 and 7,b7 using a schedule that reflects the differences in complexity among the classes of facilities to be inspected4 7#b7 ,ocean energy safety fund ,there is established in the ,treasury a fund1 to be known as the ,ocean ,energy ,enforcement ,fund 7referred to in this subsection as the ,fund71 into which shall be deposited all amounts collected as fees under paragraph 7#a7 and which shall be available as provided under paragraph 7#c74 7#c7 ,availability of fees 7,a7 ,in general ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 all amounts deposited in the ,fund-- 7i7 shall be credited as offsetting collections2 7ii7 shall be available for expenditure for purposes of carrying out inspections of outer ,continental ,shelf facilities 7including mobile offshore drilling units7 and the administration of the inspection program under this section2 7iii7 shall be available only to the extent provided for in advance in an appropriations ,act2 and 7iv7 shall remain available until expended4 7,b7 ,use for field offices ,not less than #ge percent of amounts in the ,fund may be appropriated for use only for the respective ,department of the ,interior field offices where the amounts were originally assessed as fees4 7#d7 ,initial fees ,fees shall be established under this subsection for the fiscal year in which this subsection takes effect and the subsequent #aj years1 and shall not be raised without advise and consent of the ,congress1 except as determined by the ,secretary to be appropriate as an adjustment equal to the percentage by which the ,consumer ,price ,index for the month of ,june of the calendar year preceding the adjustment exceeds the ,consumer ,price ,index for the month of ,june of the calendar year in which the claim was determined or last adjusted4 7#e7 ,annual fees ,annual fees shall be collected under this subsection for facilities that are above the waterline1 excluding drilling rigs1 and are in place at the start of the fiscal year4 ,fees for fiscal year #bjad shall be-- 7,a7 #aj1ejj for facilities with no wells1 but with processing equipment or gathering lines2 7,b7 #ag1jjj for facilities with #a to #aj wells1 with any combination of active or inactive wells2 and 7,c7 #ca1ejj for facilities with more than #aj wells1 with any combination of active or inactive wells4 7#f7 ,fees for drilling rigs ,fees for drilling rigs shall be assessed under this subsection for all inspections completed in fiscal years #bjae through #bjbd4 ,fees for fiscal year #bjae shall be-- 7,a7 #cj1ejj per inspection for rigs operating in water depths of #a1jjj feet or more2 and 7,b7 #af1gjj per inspection for rigs operating in water depths of less than #a1jjj feet4 7#g7 ,billing ,the ,secretary shall bill designated operators under paragraph 7#e7 within #fj days after the date of the inspection1 with payment required within #cj days of billing4 ,the ,secretary shall bill designated operators under paragraph 7#f7 within #cj days of the end of the month in which the inspection occurred1 with payment required within #cj days after billing4 7#h7 ,sunset ,no fee may be collected under this subsection for any fiscal year after fiscal year #bjbd4 7#i7 ,annual reports 7,a7 ,in general ,not later than #fj days after the end of each fiscal year beginning with fiscal year #bjad1 the ,secretary 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 operation of the ,fund during the fiscal year4 7,b7 ,contents ,each report shall include1 for the fiscal year covered by the report1 the following3 7i7 ,a statement of the amounts deposited into the ,fund4 7ii7 ,a description of the expenditures made from the ,fund for the fiscal year1 including the purpose of the expenditures and the additional hiring of personnel4 7iii7 ,a statement of the balance remaining in the ,fund at the end of the fiscal year4 7iv7 ,an accounting of pace of permit approvals4 7v7 ,if fee increases are proposed after the initial #aj-year period referred to in paragraph 7#e71 a proper accounting of the potential adverse economic impacts such fee increases will have on offshore economic activity and overall production1 conducted by the ,secretary4 7vi7 ,recommendations to increase the efficacy and efficiency of offshore inspections4 7vii7 ,any corrective actions levied upon offshore inspectors as a result of any form of misconduct4 4 #ajej4 ,prohibition on action based on ,national ,ocean ,policy developed under ,executive ,order ,no4 #acedg 7a7 ,prohibition ,the ,bureau of ,ocean ,energy and the ,ocean ,energy ,safety ,service may not develop1 propose1 finalize1 administer1 or implement1 any limitation on activities under their jurisdiction as a result of the coastal and marine spatial planning component of the ,national ,ocean ,policy developed under ,executive ,order ,no4 #acedg4 7b7 ,report on expenditures ,not later than #fj days after the date of enactment of this ,act1 the ,president shall submit a report to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate identifying all ,federal expenditures in fiscal years #bjab1 #bjac1 and #bjad1 by the ,bureau of ,ocean ,energy and the ,ocean ,energy ,safety ,service and their predecessor agencies1 by agency1 account1 and any pertinent subaccounts1 for the development1 administration1 or implementation of the coastal and marine spatial planning component of the ,national ,ocean ,policy developed under ,executive ,order ,no4 #acedg1 including staff time1 travel1 and other related expenses4 ,e ,united ,states ,territories #ajfa4 ,application of ,outer ,continental ,shelf ,lands ,act with respect to territories of the ,united ,states ,section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca7 is amended-- 7#a7 in paragraph 7a71 by inserting after control the following3 or lying within the ,united ,states exclusive economic zone and the ,continental ,shelf adjacent to any territory of the ,united ,states2 7#b7 in paragraph 7p71 by striking and after the semicolon at the end2 7#c7 in paragraph 7q71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7r7 ,the term ,state includes each territory of the ,united ,states4 4 ,f ,judicial ,review #ajga4 ,time for filing complaint 7a7 ,in general ,any cause of action that arises from a covered energy decision must be filed not later than the end of the #fj-;day period beginning on the date of the covered energy decision4 ,any cause of action not filed within this time period shall be barred4 7b7 ,exception ,subsection 7a7 shall not apply to a cause of action brought by a party to a covered energy lease4 #ajgb4 ,district court deadline 7a7 ,in general ,all proceedings that are subject to section #ajga-- 7#a7 shall be brought in the ,united ,states district court for the district in which the ,federal property for which a covered energy lease is issued is located or the ,united ,states ,district ,court of the ,district of ,columbia2 7#b7 shall be resolved as expeditiously as possible1 and in any event not more than #agj days after such cause or claim is filed2 and 7#c7 shall take precedence over all other pending matters before the district court4 7b7 ,failure ,to comply with deadline ,if an interlocutory or final judgment1 decree1 or order has not been issued by the district court by the deadline described under this section1 the cause or claim shall be dismissed with prejudice and all rights relating to such cause or claim shall be terminated4 #ajgc4 ,ability to seek appellate review ,an interlocutory or final judgment1 decree1 or order of the district court in a proceeding that is subject to section #ajga may be reviewed by the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 ,the ,district of ,columbia ,circuit shall resolve any such appeal as expeditiously as possible and1 in any event1 not more than #ahj days after such interlocutory or final judgment1 decree1 or order of the district court was issued4 #ajgd4 ,limitation on scope of review and relief 7a7 ,administrative findings and conclusions ,in any judicial review of any ,federal action under this subtitle1 any administrative findings and conclusions relating to the challenged ,federal action shall be presumed to be correct unless shown otherwise by clear and convincing evidence contained in the administrative record4 7b7 ,limitation on prospective relief ,in any judicial review of any action1 or failure to act1 under this subtitle1 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 ,federal law requirement1 and is the least intrusive means necessary to correct the violation concerned4 #ajge4 ,legal fees ,any person filing a petition seeking judicial review of any action1 or failure to act1 under this subtitle who is not a prevailing party shall pay to the prevailing parties 7including intervening parties71 other than the ,united ,states1 fees and other expenses incurred by that party in connection with the judicial review1 unless the ,court finds that the position of the person was substantially justified or that special circumstances make an award unjust4 #ajgf4 ,exclusion ,this subtitle shall not apply with respect to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof4 #ajgg4 ,definitions ,in this subtitle1 the following definitions apply3 7#a7 ,covered energy decision ,the term covered energy decision means any action or decision by a ,federal official regarding the issuance of a covered energy lease4 7#b7 ,covered energy lease ,the term covered energy lease means any lease under this title or under an oil and gas leasing program under this title4 ,g ,miscellaneous ,provisions #ajha4 ,rules regarding distribution of revenues under ,gulf of ,mexico ,energy ,security ,act of #bjjf 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall issue rules to provide more clarity1 certainty1 and stability to the revenue streams contemplated by the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note74 7b7 ,contents ,the rules shall include clarification of the timing and methods of disbursements of funds under section #aje7;b77#b7 of such ,act4 #ajhb4 ,seismic testing in the ,atlantic ,outer ,continental ,shelf ,not later than ,december #ca1 #bjad1 the ,bureau of ,ocean ,energy ,management shall publish a record of decision on the ,atlantic ,g,g ,programmatic ,final ,environmental ,impact ,statement4 #ajhc4 ,disposition of qualified outer ,continental ,shelf ,revenues ,the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7title ,i of division ,c of ,public ,law #aji-dcb2 7#dc ,u4,s4,c4 #acca note77 is amended-- 7#a7 by striking #bjaf each place it appears and inserting #bjad2 and 7#b7 by striking section #aje7;f74 ,,xi ,alaskan ,energy for ,american ,jobs ,act #bjja4 ,short title ,this title may be cited as the ,alaskan ,energy for ,american ,jobs ,act4 #bjjb4 ,definitions ,in this title3 7#a7 ,coastal plain ,the term ,coastal ,plain means that area described in appendix ,i to part #cg of title #ej1 ,code of ,federal ,regulations4 7#b7 ,peer reviewed ,the term peer reviewed means reviewed-- 7,a7 by individuals chosen by the ,national ,academy of ,sciences with no contractual relationship with1 or those who have no application for a grant or other funding pending with1 the ,federal agency with leasing jurisdiction2 or 7,b7 if individuals described in subparagraph 7,a7 are not available1 by the top individuals in the specified biological fields1 as determined by the ,national ,academy of ,sciences4 7#c7 ,secretary ,the term ,secretary1 except as otherwise provided1 means the ,secretary of the ,interior or the ,secretary's designee4 #bjjc4 ,leasing program for lands 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 title and acting through the ,director of the ,bureau of ,land ,management in consultation with the ,director of the ,united ,states ,fish and ,wildlife ,service1 a competitive oil and gas leasing program that will result in the exploration1 development1 and production of the oil and gas resources of the ,coastal ,plain2 and 7#b7 to administer the provisions of this title through regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other provisions that ensure the oil and gas exploration1 development1 and production activities on the ,coastal ,plain will result in no significant adverse effect on fish and wildlife1 their habitat1 subsistence resources1 and the environment1 including1 in furtherance of this goal1 by requiring 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 title in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased4 7b7 ,repeal of existing restriction 7#a7 ,repeal ,section #ajjc of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cadc7 is repealed4 7#b7 ,conforming amendment ,the table of contents in section #a of such ,act is amended by striking the item relating to section #ajjc4 7c7 ,compliance with requirements under certain other laws 7#a7 ,compatibility ,for purposes of the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd et seq471 the oil and gas leasing program and activities authorized by this section in the ,coastal ,plain are deemed to be compatible with the purposes for which the ,arctic ,national ,wildlife ,refuge was established1 and no further findings or decisions are required to implement this determination4 7#b7 ,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 title1 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 title before the conduct of the first lease sale4 7#c7 ,compliance with ,,nepa for other actions ,before conducting the first lease sale under this title1 the ,secretary shall prepare an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi with respect to the actions authorized by this title that are not referred to in paragraph 7#b74 ,notwithstanding any other law1 the ,secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action4 ,the ,secretary shall only identify a preferred action for such leasing and a single leasing alternative1 and analyze the environmental effects and potential mitigation measures for those two alternatives4 ,the identification of the preferred action and related analysis for the first lease sale under this title shall be completed within #ah months after the date of enactment of this ,act4 ,the ,secretary shall only consider public comments that specifically address the ,secretary's preferred action and that are filed within #bj days after publication of an environmental analysis4 ,notwithstanding any other law1 compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title4 7d7 ,relationship to ,state and local authority ,nothing in this title shall be considered to expand or limit ,state and local regulatory authority4 7e7 ,special areas 7#a7 ,in general ,the ,secretary1 after consultation with the ,state of ,alaska1 the city of ,kaktovik1 and the ,north ,slope ,borough1 may designate up to a total of #de1jjj acres of the ,coastal ,plain as a ,special ,area if the ,secretary determines that the ,special ,area is of such unique character and interest so as to require special management and regulatory protection4 ,the ,secretary shall designate as such a ,special ,area the ,sadlerochit ,spring area1 comprising approximately #d1jjj acres4 7#b7 ,management ,each such ,special ,area shall be managed so as to protect and preserve the area's unique and diverse character including its fish1 wildlife1 and subsistence resource values4 7#c7 ,exclusion from leasing or surface occupancy ,the ,secretary may exclude any ,special ,area from leasing4 ,if the ,secretary leases a ,special ,area1 or any part thereof1 for purposes of oil and gas exploration1 development1 production1 and related activities1 there shall be no surface occupancy of the lands comprising the ,special ,area4 7#d7 ,directional drilling ,notwithstanding the other provisions 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 leases tracts located outside the ,special ,area4 7f7 ,limitation on closed areas ,the ,secretary's sole authority to close lands within the ,coastal ,plain to oil and gas leasing and to exploration1 development1 and production is that set forth in this title4 7g7 ,regulations 7#a7 ,in general ,the ,secretary shall prescribe such regulations as may be necessary to carry out this title1 including regulations relating to protection of the fish and wildlife1 their habitat1 subsistence resources1 and environment of the ,coastal ,plain1 by no later than #ae months after the date of enactment of this ,act4 7#b7 ,revision of regulations ,the ,secretary shall1 through a rulemaking conducted in accordance with section #eec of title #e1 ,united ,states ,code1 periodically review and1 if appropriate1 revise the regulations issued under subsection 7a7 to reflect a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate1 documented scientific procedures1 the results of which can be repeated using those same procedures4 #bjjd4 ,lease sales 7a7 ,in general ,lands may be leased under this title 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 regulation and no later than #ahj days after the date of enactment of this title1 establish procedures for-- 7#a7 receipt and consideration of sealed nominations for any area of 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 such 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 title 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 ,sale acreages and schedule 7#a7 ,the ,secretary shall offer for lease under this title those tracts the ,secretary considers to have the greatest potential for the discovery of hydrocarbons1 taking into consideration nominations received pursuant to subsection 7b77#a74 7#b7 ,the ,secretary shall offer for lease under this title no less than #ej1jjj acres for lease within #bb months after the date of the enactment of this title4 7#c7 ,the ,secretary shall offer for lease under this title no less than an additional #ej1jjj acres at #f-1 #ab-1 and #ah-month intervals following offering under paragraph 7#b74 7#d7 ,the ,secretary shall conduct four additional sales under the same terms and schedule no later than two years after the date of the last sale under paragraph 7#c71 if sufficient interest in leasing exists to warrant1 in the ,secretary's judgment1 the conduct of such sales4 7#e7 ,the ,secretary shall evaluate the bids in each sale and issue leases resulting from such sales1 within #ij days after the date of the completion of such sale4 #bjje4 ,grant of leases by the ,secretary 7a7 ,in general ,the ,secretary may grant to the highest responsible qualified bidder in a lease sale conducted under section #bjjd any lands to be leased on the ,coastal ,plain upon payment by the such bidder of such bonus as may be accepted by the ,secretary4 7b7 ,subsequent transfers ,no lease issued under this title may be sold1 exchanged1 assigned1 sublet1 or otherwise transferred except with the approval of the ,secretary4 ,prior to any such approval the ,secretary shall consult with1 and give due consideration to the views of1 the ,attorney ,general4 #bjjf4 ,lease terms and conditions ,an oil or gas lease issued under this title shall-- 7#a7 provide for the payment of a royalty of not less than #ab percent in amount or value of the production removed or sold under the lease1 as determined by the ,secretary under the regulations applicable to other ,federal oil and gas leases2 7#b7 provide that the ,secretary may close1 on a seasonal basis1 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 appropriate1 documented scientific procedures1 the results of which can be repeated using those same procedures2 7#c7 require that the lessee of lands within the ,coastal ,plain shall be fully responsible and liable for the reclamation of lands within the ,coastal ,plain and any other ,federal lands that are adversely affected in connection with exploration1 development1 production1 or transportation activities conducted under the lease and within the ,coastal ,plain by the lessee or by any of the subcontractors or agents of the lessee2 7#d7 provide that the lessee may not delegate or convey1 by contract or otherwise1 the reclamation responsibility and liability to another person without the express written approval of the ,secretary2 7#e7 provide that the standard of reclamation for lands required to be reclaimed under this title shall be1 as nearly as practicable1 a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration1 development1 or production activities1 or upon application by the lessee1 to a higher or better use as certified by the ,secretary2 7#f7 contain terms and conditions relating to protection of fish and wildlife1 their habitat1 subsistence resources1 and the environment as required pursuant to section #bjjc7;a77#b72 7#g7 provide that the lessee1 its agents1 and its contractors use best efforts to provide a fair share1 as determined by the level of obligation previously agreed to in the #aigd agreement implementing section #bi of the ,federal ,agreement and ,grant of ,right-of-,way for the ,operation of the ,trans-,alaska ,pipeline1 of employment and contracting for ,alaska ,natives and ,alaska ,native corporations from throughout the ,state2 7#h7 prohibit the export of oil produced under the lease2 and 7#i7 contain such other provisions as the ,secretary determines necessary to ensure compliance with this title and the regulations issued under this title4 #bjjg4 ,policies regarding buying1 building1 and working for ,america 7a7 ,congressional intent ,it is the intent of the ,congress that-- 7#a7 this title will support a healthy and growing ,united ,states domestic energy sector that1 in turn1 helps to reinvigorate ,american manufacturing1 transportation1 and service sectors by employing the vast talents of ,united ,states workers to assist in the development of energy from domestic sources2 and 7#b7 ,congress will monitor the deployment of personnel and material onshore and offshore to encourage the development of ,american technology and manufacturing to enable ,united ,states workers to benefit from this title through good jobs and careers1 as well as the establishment of important industrial facilities to support expanded access to ,american resources4 7b7 ,requirement ,the ,secretary of the ,interior shall when possible1 and practicable1 encourage the use of ,united ,states workers and equipment manufactured in the ,united ,states in all construction related to mineral development on the ,coastal ,plain4 #bjjh4 ,coastal ,plain environmental protection 7a7 ,no significant adverse effect standard ,to govern authorized ,coastal ,plain activities ,the ,secretary shall1 consistent with the requirements of section #bjjc1 administer this title through regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other provisions that-- 7#a7 ensure the oil and gas exploration1 development1 and production activities on the ,coastal ,plain will result in no significant adverse effect on fish and wildlife1 their habitat1 and the environment2 7#b7 require the application of the best commercially available technology for oil and gas exploration1 development1 and production on all new exploration1 development1 and production operations2 and 7#c7 ensure that the maximum amount of surface acreage covered by production and support facilities1 including airstrips and any areas covered by gravel berms or piers for support of pipelines1 does not exceed #aj1jjj acres on the ,coastal ,plain for each #ajj1jjj acres of area leased4 7b7 ,site-,specific assessment and mitigation ,the ,secretary shall also require1 with respect to any proposed drilling and related activities1 that-- 7#a7 a site-specific analysis be made of the probable effects1 if any1 that the drilling or related activities will have on fish and wildlife1 their habitat1 subsistence resources1 and the environment2 7#b7 a plan be implemented to avoid1 minimize1 and mitigate 7in that order and to the extent practicable7 any significant adverse effect identified under paragraph 7#a72 and 7#c7 the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan4 7c7 ,regulations ,to protect ,coastal ,plain fish and wildlife resources1 subsistence users1 and the environment ,before implementing the leasing program authorized by this title1 the ,secretary shall prepare and promulgate regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other measures designed to ensure that the activities undertaken on the ,coastal ,plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title4 7d7 ,compliance with ,federal and ,state environmental laws and other requirements ,the proposed regulations1 lease terms1 conditions1 restrictions1 prohibitions1 and stipulations for the leasing program under this title shall require compliance with all applicable provisions of ,federal and ,state environmental law1 and shall also require the following3 7#a7 ,standards at least as effective as the safety and environmental mitigation measures set forth in items #a through #bi at pages #afg through #afi of the ,final ,legislative ,environmental ,impact ,statement 7,april #aihg7 on the ,coastal ,plain4 7#b7 ,seasonal limitations on exploration1 development1 and related activities1 where necessary1 to avoid significant adverse effects during periods of concentrated fish and wildlife breeding1 denning1 nesting1 spawning1 and migration based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate1 documented scientific procedures1 the results of which can be repeated using those same procedures4 7#c7 ,that exploration activities1 except for surface geological studies1 be limited to the period between approximately ,november #a and ,may #a each year and that exploration activities shall be supported1 if necessary1 by ice roads1 winter trails with adequate snow cover1 ice pads1 ice airstrips1 and air transport methods1 except that such exploration activities may occur at other times if the ,secretary finds that such exploration will have no significant adverse effect on the fish and wildlife1 their habitat1 and the environment of the ,coastal ,plain4 7#d7 ,design safety and construction standards for all pipelines and any access and service roads1 that-- 7,a7 minimize1 to the maximum extent possible1 adverse effects upon the passage of migratory species such as caribou2 and 7,b7 minimize adverse effects upon the flow of surface water by requiring the use of culverts1 bridges1 and other structural devices4 7#e7 ,prohibitions on general public access and use on all pipeline access and service roads4 7#f7 ,stringent reclamation and rehabilitation requirements1 consistent with the standards set forth in this title1 requiring the removal from the ,coastal ,plain of all oil and gas development and production facilities1 structures1 and equipment upon completion of oil and gas production operations1 except that the ,secretary may exempt from the requirements of this paragraph those facilities1 structures1 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 purpose4 7#g7 ,appropriate prohibitions or restrictions on access by all modes of transportation4 7#h7 ,appropriate prohibitions or restrictions on sand and gravel extraction4 7#i7 ,consolidation of facility siting4 7#aj7 ,appropriate prohibitions or restrictions on use of explosives4 7#aa7 ,avoidance1 to the extent practicable1 of springs1 streams1 and river systems2 the protection of natural surface drainage patterns1 wetlands1 and riparian habitats2 and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling4 7#ab7 ,avoidance or minimization of air traffic-related disturbance to fish and wildlife4 7#ac7 ,treatment and disposal of hazardous and toxic wastes1 solid wastes1 reserve pit fluids1 drilling muds and cuttings1 and domestic wastewater1 including an annual waste management report1 a hazardous materials tracking system1 and a prohibition on chlorinated solvents1 in accordance with applicable ,federal and ,state environmental law4 7#ad7 ,fuel storage and oil spill contingency planning4 7#ae7 ,research1 monitoring1 and reporting requirements4 7#af7 ,field crew environmental briefings4 7#ag7 ,avoidance of significant adverse effects upon subsistence hunting1 fishing1 and trapping by subsistence users4 7#ah7 ,compliance with applicable air and water quality standards4 7#ai7 ,appropriate seasonal and safety zone designations around well sites1 within which subsistence hunting and trapping shall be limited4 7#bj7 ,reasonable stipulations for protection of cultural and archeological resources4 7#ba7 ,all other protective environmental stipulations1 restrictions1 terms1 and conditions deemed necessary by the ,secretary4 7e7 ,considerations ,in preparing and promulgating regulations1 lease terms1 conditions1 restrictions1 prohibitions1 and stipulations under this section1 the ,secretary shall consider the following3 7#a7 ,the stipulations and conditions that govern the ,national ,petroleum ,reserve-,alaska leasing program1 as set forth in the #aiii ,northeast ,national ,petroleum ,reserve-,alaska ,final ,integrated ,activity ,plan_/,environmental ,impact ,statement4 7#b7 ,the environmental protection standards that governed the initial ,coastal ,plain seismic exploration program under parts #cg4ca to #cg4cc of title #ej1 ,code of ,federal ,regulations4 7#c7 ,the land use stipulations for exploratory drilling on the ,,kic-,,asrc private lands that are set forth in appendix #b of the ,august #i1 #aihc1 agreement between ,arctic ,slope ,regional ,corporation and the ,united ,states4 7f7 ,facility consolidation planning 7#a7 ,in general ,the ,secretary shall1 after providing for public notice and comment1 prepare and update periodically a plan to govern1 guide1 and direct the siting and construction of facilities for the exploration1 development1 production1 and transportation of ,coastal ,plain oil and gas resources4 7#b7 ,objectives ,the plan shall have the following objectives3 7,a7 ,avoiding unnecessary duplication of facilities and activities4 7,b7 ,encouraging consolidation of common facilities and activities4 7,c7 ,locating or confining facilities and activities to areas that will minimize impact on fish and wildlife1 their habitat1 and the environment4 7,d7 ,utilizing existing facilities wherever practicable4 7,e7 ,enhancing compatibility between wildlife values and development activities4 7g7 ,access to public lands ,the ,secretary shall-- 7#a7 manage public lands in the ,coastal ,plain subject to section #haa of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caba72 and 7#b7 ensure that local residents shall have reasonable access to public lands in the ,coastal ,plain for traditional uses4 #bjji4 ,expedited judicial review 7a7 ,filing of complaint 7#a7 ,deadline ,subject to paragraph 7#b71 any complaint seeking judicial review-- 7,a7 of any provision of this title shall be filed by not later than #a year after the date of enactment of this ,act2 or 7,b7 of any action of the ,secretary under this title shall be filed-- 7i7 except as provided in clause 7ii71 within the #ij-;day period beginning on the date of the action being challenged2 or 7ii7 in the case of a complaint based solely on grounds arising after such period1 within #ij days after the complainant knew or reasonably should have known of the grounds for the complaint4 7#b7 ,venue ,any complaint seeking judicial review of any provision of this title or any action of the ,secretary under this title may be filed only in the ,united ,states ,court of ,appeals for the ,district of ,columbia4 7#c7 ,limitation on scope of certain review ,judicial review of a ,secretarial decision to conduct a lease sale under this title1 including the environmental analysis thereof1 shall be limited to whether the ,secretary has complied with this title and shall be based upon the administrative record of that decision4 ,the ,secretary's identification of a preferred course of action to enable leasing to proceed and the ,secretary's analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary4 7b7 ,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 enforcement4 7c7 ,limitation on attorneys' fees and court costs ,no person seeking judicial review of any action under this title shall receive payment from the ,federal ,government for their attorneys' fees and other court costs1 including under any provision of law enacted by the ,equal ,access to ,justice ,act 7#e ,u4,s4,c4 #ejd note74 #bjaj4 ,treatment of revenues ,notwithstanding any other provision of law1 #ej percent of the amount of bonus1 rental1 and royalty revenues from ,federal oil and gas leasing and operations authorized under this title shall be deposited in the ,treasury4 #bjaa4 ,rights-of-way 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 produced under leases under this title-- 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#cj ,u4,s4,c4 #cafa et seq471 for access authorized by sections #aaaj and #aaaa of that ,act 7#af ,u4,s4,c4 #cagj and #caga74 7b7 ,terms and conditions ,the ,secretary shall include in any right-of-way or easement issued under subsection 7a7 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 wildlife1 subsistence resources1 their habitat1 and the environment of the ,coastal ,plain1 including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines4 7c7 ,regulations ,the ,secretary shall include in regulations under section #bjjc7;g7 provisions granting rights-of-way and easements described in subsection 7a7 of this section4 #bjab4 ,conveyance ,in order to maximize ,federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the ,coastal ,plain1 the ,secretary1 notwithstanding section #acjb7;h77#b7 of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caib7;h77#b771 shall convey-- 7#a7 to the ,kaktovik ,inupiat ,corporation the surface estate of the lands described in paragraph #a of ,public ,land ,order #fiei1 to the extent necessary to fulfill the ,corporation's entitlement under sections #ab and #ad of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afaa and #afac7 in accordance with the terms and conditions of the ,agreement between the ,department of the ,interior1 the ,united ,states ,fish and ,wildlife ,service1 the ,bureau of ,land ,management1 and the ,kaktovik ,inupiat ,corporation dated ,january #bb1 #aiic2 and 7#b7 to the ,arctic ,slope ,regional ,corporation the remaining subsurface estate to which it is entitled pursuant to the ,august #i1 #aihc1 agreement between the ,arctic ,slope ,regional ,corporation and the ,united ,states of ,america4 ,,xii ,state control on all available ,federal land #cjja4 ,state control on all available ,federal land 7a7 ,definitions ,in this section3 7#a7 ,available federal land ,the term available ,federal land means any ,federal land that1 as of ,may #ca1 #bjac-- 7,a7 is located within the boundaries of a ,state2 7,b7 is not held by the ,united ,states in trust for the benefit of a federally recognized ,indian tribe2 7,c7 is not a unit of the ,national ,park ,system2 7,d7 is not a unit of the ,national ,wildlife ,refuge ,system2 and 7,e7 is not a ,congressionally designated wilderness area4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,state ,the term ,state means-- 7,a7 a ,state2 and 7,b7 the ,district of ,columbia4 7b7 ,state programs 7#a7 ,in general ,a ,state-- 7,a7 may establish a program covering the leasing and permitting processes1 regulatory requirements1 and any other provisions by which the ,state would exercise its rights on available ,federal land in the ,state2 and 7,b7 as a condition of certification under subsection 7c77#b7 shall submit a declaration to the ,departments of the ,interior1 ,agriculture1 and ,energy that a program under subparagraph 7,a7 has been established or amended4 7#b7 ,amendment of programs ,a ,state may amend a program developed and certified under this section at any time4 7#c7 ,certification of amended programs ,any program amended under paragraph 7#b7 shall be certified under subsection 7c77#b74 7c7 ,leasing1 permitting1 and regulatory programs 7#a7 ,satisfaction of federal requirements ,each program certified under this section shall be considered to satisfy all applicable requirements of ,federal law 7including regulations71 including-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7,c7 the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq474 7#b7 ,federal certification and transfer of development rights ,upon submission of a declaration by a ,state under subsection 7b77#a77;,b7-- 7,a7 the program under subsection 7b77#a77;,a7 shall be certified2 and 7,b7 the ,state shall receive all rights from the ,federal ,government to develop all resources covered by the program4 7#c7 ,issuance of permits and leases ,if a ,state elects to issue a permit or lease for the development of any resource on any available ,federal land within the borders of the ,state in accordance with a program certified under paragraph 7#b71 the permit or lease shall be considered to meet all applicable requirements of ,federal law 7including regulations74 7d7 ,judicial review ,activities carried out in accordance with this title shall not be subject to judicial review4 7e7 ,administrative procedure act ,activities carried out in accordance with this title shall not be subject to subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 ,,xiii ,federal ,lands ,jobs and ,energy ,security ,a ,federal ,lands ,jobs and ,energy ,security #djja4 ,short title ,this subtitle may be cited as the ,federal ,lands ,jobs and ,energy ,security ,act4 #djjb4 ,policies regarding buying1 building1 and working for ,america 7a7 ,congressional intent ,it is the intent of the ,congress that-- 7#a7 this title will support a healthy and growing ,united ,states domestic energy sector that1 in turn1 helps to reinvigorate ,american manufacturing1 transportation1 and service sectors by employing the vast talents of ,united ,states workers to assist in the development of energy from domestic sources2 7#b7 to ensure a robust onshore energy production industry and ensure that the benefits of development support local communities1 under this title1 the ,secretary shall make every effort to promote the development of onshore ,american energy1 and shall take into consideration the socioeconomic impacts1 infrastructure requirements1 and fiscal stability for local communities located within areas containing onshore energy resources2 and 7#c7 the ,congress will monitor the deployment of personnel and material onshore to encourage the development of ,american manufacturing to enable ,united ,states workers to benefit from this subtitle through good jobs and careers1 as well as the establishment of important industrial facilities to support expanded access to ,american resources4 7b7 ,requirement ,the ,secretary of the ,interior shall when possible1 and practicable1 encourage the use of ,united ,states workers and equipment manufactured in the ,united ,states in all construction related to mineral resource development under this subtitle4 #a ,onshore oil and gas permit streamlining #daja4 ,short title ,this chapter may be cited as the ,streamlining ,permitting of ,american ,energy ,act of #bjad4 ,a ,application for ,permits ,to ,drill ,process ,reform #daaa4 ,permit to drill application timeline ,section #ag7p77#b7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7p77#b77 is amended to read as follows3 7#b7 ,applications for permits to drill reform and process 7,a7 ,timeline ,the ,secretary shall decide whether to issue a permit to drill within #cj days after receiving an application for the permit4 ,the ,secretary may extend such period for up to #b periods of #ae days each1 if the ,secretary has given written notice of the delay to the applicant4 ,the notice shall be in the form of a letter from the ,secretary or a designee of the ,secretary1 and shall include the names and titles of the persons processing the application1 the specific reasons for the delay1 and a specific date a final decision on the application is expected4 7,b7 ,notice of reasons for denial ,if the application is denied1 the ,secretary shall provide the applicant-- 7i7 in writing1 clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies2 and 7ii7 an opportunity to remedy any deficiencies4 7,c7 ,application deemed approved ,if the ,secretary has not made a decision on the application by the end of the #fj-;day period beginning on the date the application is received by the ,secretary1 the application is deemed approved1 except in cases in which existing reviews under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 are incomplete4 7,d7 ,denial of permit ,if the ,secretary decides not to issue a permit to drill in accordance with subparagraph 7,a71 the ,secretary shall-- 7i7 provide to the applicant a description of the reasons for the denial of the permit2 7ii7 allow the applicant to resubmit an application for a permit to drill during the #aj-;day period beginning on the date the applicant receives the description of the denial from the ,secretary2 and 7iii7 issue or deny any resubmitted application not later than #aj days after the date the application is submitted to the ,secretary4 7,e7 ,fee 7i7 ,in general ,notwithstanding any other law1 the ,secretary shall collect a single #f1ejj permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph 7,a74 ,this fee shall not apply to any resubmitted application4 7ii7 ,treatment of permit processing fee ,of all fees collected under this paragraph1 #ej percent shall be transferred to the field office where they are collected and used to process protests1 leases1 and permits under this ,act subject to appropriation4 4 #daab4 ,solar and wind right-of-way rental reform 7a7 ,in general ,subject to subsection 7b71 and notwithstanding any other provision of law1 of fees collected each fiscal year as annual wind energy and solar energy right-of-way authorization fees required under section #ejd7;g7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfd7;g77-- 7#a7 no less than #be percent shall be available1 subject to appropriation1 for use for solar and wind permitting and management activities by ,department of the ,interior field offices responsible for the land where the fees were collected2 7#b7 no less than #be percent shall be available1 subject to appropriation1 for ,bureau of ,land ,management solar and wind permit approval activities2 and 7#c7 no less than #be percent shall be available1 subject to appropriation1 to the ,secretary of the ,interior for department-wide solar and wind permitting activities4 7b7 ,limitation ,the amount used under subsection 7a7 each fiscal year shall not exceed #e1jjj1jjj4 ,b ,administrative ,protest ,documentation ,reform #daba4 ,administrative protest documentation reform ,section #ag7p7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7p77 is further amended by adding at the end the following3 7#d7 ,protest fee 7,a7 ,in general ,the ,secretary shall collect a #e1jjj documentation fee to accompany each protest for a lease1 right-of-way1 or application for permit to drill4 7,b7 ,treatment of fees ,of all fees collected under this paragraph1 #ej percent shall remain in the field office where they are collected and used to process protests subject to appropriation4 4 ,c ,permit ,streamlining #daca4 ,improve ,federal energy permit coordination 7a7 ,establishment ,the ,secretary of the ,interior 7referred to in this section as the ,secretary7 shall establish a ,federal ,permit ,streamlining ,project 7referred to in this section as the ,project7 in every ,bureau of ,land ,management field office with responsibility for permitting energy projects on ,federal land4 7b7 ,memorandum of understanding 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall enter into a memorandum of understanding for purposes of this section with-- 7,a7 the ,secretary of ,agriculture2 7,b7 the ,administrator of the ,environmental ,protection ,agency2 and 7,c7 the ,chief of the ,army ,corps of ,engineers4 7#b7 ,state participation ,the ,secretary may request that the ,governor of any ,state with energy projects on ,federal lands to be a signatory to the memorandum of understanding4 7c7 ,designation of qualified staff 7#a7 ,in general ,not later than #cj days after the date of the signing of the memorandum of understanding under subsection 7b71 all ,federal signatory parties shall1 if appropriate1 assign to each of the ,bureau of ,land ,management field offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed1 including1 as applicable1 particular expertise in-- 7,a7 the consultations and the 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 and 7,e7 the preparation of analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,duties ,each employee assigned under paragraph 7#a7 shall-- 7,a7 not later than #ij days after the date of assignment1 report to the ,bureau of ,land ,management ,field ,managers in the office to which the employee is assigned2 7,b7 be responsible for all issues relating to the energy projects that arise under the authorities of the employee's home agency2 and 7,c7 participate as part of the team of personnel working on proposed energy projects1 planning1 and environmental analyses on ,federal lands4 7d7 ,additional personnel ,the ,secretary shall assign to each ,bureau of ,land ,management field office identified in subsection 7a7 any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the ,bureau of ,land ,management field offices1 including inspection and enforcement relating to energy development on ,federal land1 in accordance with the multiple use mandate of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7e7 ,funding ,funding for the additional personnel shall come from the ,department of the ,interior reforms identified in sections #daaa1 #daab1 and #daba4 7f7 ,savings provision ,nothing in this section affects-- 7#a7 the operation of any ,federal or ,state law2 or 7#b7 any delegation of authority made by the head of a ,federal agency whose employees are participating in the ,project4 7g7 ,definition ,for purposes of this section the term energy projects includes oil1 natural gas1 coal1 and other energy projects as defined by the ,secretary4 #dacb4 ,administration of current law ,notwithstanding any other law1 the ,secretary of the ,interior shall not require a finding of extraordinary circumstances in administering section #cij of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeidb74 ,d ,judicial ,review #dada4 ,definitions ,in this subchapter-- 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 ,states2 and 7#b7 the term covered energy project means the leasing of ,federal lands of the ,united ,states for the exploration1 development1 production1 processing1 or transmission of oil1 natural gas1 wind1 or any other source of energy1 and 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 #dadb4 ,exclusive venue for certain civil actions relating to covered energy projects ,venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed4 #dadc4 ,timely filing ,to ensure timely redress by the courts1 a covered civil action must be filed no later than the end of the #ij-;day period beginning on the date of the final ,federal agency action to which it relates4 #dadd4 ,expedition in hearing and determining the action ,the court shall endeavor to hear and determine any covered civil action as expeditiously as possible4 #dade4 ,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 the preponderance of the evidence contained in the administrative record4 #dadf4 ,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 courts shall limit the duration of preliminary injunctions to halt covered energy projects to no more than #fj days1 unless the court finds clear reasons to extend the injunction4 ,in such cases of extensions1 such extensions shall only be in #cj-;day increments and shall require action by the court to renew the injunction4 #dadg4 ,limitation on attorneys' fees ,sections #ejd of title #e1 ,united ,states ,code1 and #bdab of title #bh1 ,united ,states ,code 7together commonly called the ,equal ,access to ,justice ,act71 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 #dadh4 ,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 ,e ,knowing ,america's ,oil and ,gas ,resources #daea4 ,funding oil and gas resource assessments 7a7 ,in general ,the ,secretary of the ,interior shall provide matching funding for joint projects with ,states to conduct oil and gas resource assessments on ,federal lands with significant oil and gas potential4 7b7 ,cost sharing ,the ,federal share of the cost of activities under this section shall not exceed #ej percent4 7c7 ,resource assessment ,any resource assessment under this section shall be conducted by a ,state1 in consultation with the ,united ,states ,geological ,survey4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section a total of #ej1jjj1jjj for fiscal years #bjad through #bjag4 #b ,oil and gas leasing certainty #dafa4 ,short title ,this chapter may be cited as the ,providing ,leasing ,certainty for ,american ,energy ,act of #bjad4 #dafb4 ,minimum acreage requirement for onshore lease sales ,in conducting lease sales as required by section #ag7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;a771 each year the ,secretary of the ,interior shall perform the following3 7#a7 ,the ,secretary shall offer for sale no less than #be percent of the annual nominated acreage not previously made available for lease4 ,acreage offered for lease pursuant to this paragraph shall not be subject to protest and shall be eligible for categorical exclusions under section #cij of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeidb71 except that it shall not be subject to the test of extraordinary circumstances4 7#b7 ,in administering this section1 the ,secretary shall only consider leasing of ,federal lands that are available for leasing at the time the lease sale occurs4 #dafc4 ,leasing certainty ,section #ag7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;a77 is amended by inserting 7#a7 before ,all lands1 and by adding at the end the following3 7#b7 7,a7 ,the ,secretary shall not withdraw any covered energy project issued under this ,act without finding a violation of the terms of the lease by the lessee4 7,b7 ,the ,secretary shall not infringe upon lease rights under leases issued under this ,act by indefinitely delaying issuance of project approvals1 drilling and seismic permits1 and rights of way for activities under such a lease4 7,c7 ,no later than #ah months after an area is designated as open under the current land use plan the ,secretary shall make available nominated areas for lease under the criteria in section #b4 7,d7 ,notwithstanding any other law1 the ,secretary shall issue all leases sold no later than #fj days after the last payment is made4 7,e7 ,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 parcel4 7,f7 ,not later than #fj days after a lease sale held under this ,act1 the ,secretary shall adjudicate any lease protests filed following a lease sale4 ,if after #fj days any protest is left unsettled1 said protest is automatically denied and appeal rights of the protestor begin4 7,g7 ,no additional lease stipulations may be added after the parcel is sold without consultation and agreement of the lessee1 unless the ,secretary deems such stipulations as emergency actions to conserve the resources of the ,united ,states4 4 #dafd4 ,leasing consistency ,federal land managers must follow existing resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised1 until such time as a new record of decision is signed4 #dafe4 ,reduce redundant policies ,bureau of ,land ,management ,instruction ,memorandum #bjaj-aag shall have no force or effect4 #daff4 ,streamlined congressional notification ,section #ca7;e7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahh7;e77 is amended in the matter following paragraph 7#d7 by striking at least thirty days in advance of the reinstatement and inserting in an annual report4 #c ,oil shale #daga4 ,short title ,this chapter may be cited as the ,protecting ,investment in ,oil ,shale the ,next ,generation of ,environmental1 ,energy1 and ,resource ,security ,act or the ,,pioneers ,act4 #dagb4 ,effectiveness of oil shale regulations1 amendments to resource management plans1 and record of decision 7a7 ,regulations ,notwithstanding any other law or regulation to the contrary1 the final regulations regarding oil shale management published by the ,bureau of ,land ,management on ,november #ah1 #bjjh 7#gc ,fed4 ,reg4 #fi1dad7 are deemed to satisfy all legal and procedural requirements under any law1 including the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 and the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 and the ,secretary of the ,interior shall implement those regulations1 including the oil shale leasing program authorized by the regulations1 without any other administrative action necessary4 7b7 ,amendments to resource management plans and record of decision ,notwithstanding any other law or regulation to the contrary1 the ,november #ag1 #bjjh ,u4,s4 ,bureau of ,land ,management ,approved ,resource ,management ,plan ,amendments_/,record of ,decision for ,oil ,shale and ,tar ,sands ,resources to ,address ,land ,use ,allocations in ,colorado1 ,utah1 and ,wyoming and ,final ,programmatic ,environmental ,impact ,statement are deemed to satisfy all legal and procedural requirements under any law1 including the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 and the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 and the ,secretary of the ,interior shall implement the oil shale leasing program authorized by the regulations referred to in subsection 7a7 in those areas covered by the resource management plans amended by such amendments1 and covered by such record of decision1 without any other administrative action necessary4 #dagc4 ,oil shale leasing 7a7 ,additional research and development lease sales ,the ,secretary of the ,interior shall hold a lease sale within #ahj days after the date of enactment of this ,act offering an additional #aj parcels for lease for research1 development1 and demonstration of oil shale resources1 under the terms offered in the solicitation of bids for such leases published on ,january #ae1 #bjji 7#gd ,fed4 ,reg4 #aj74 7b7 ,commercial lease sales ,no later than ,january #a1 #bjaf1 the ,secretary of the ,interior shall hold no less than #e separate commercial lease sales in areas considered to have the most potential for oil shale development1 as determined by the ,secretary1 in areas nominated through public comment4 ,each lease sale shall be for an area of not less than #be1jjj acres1 and in multiple lease blocs4 #d ,miscellaneous provisions #daha4 ,rule of construction ,nothing in this subtitle shall be construed to authorize the issuance of a lease under the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 to any person designated for the imposition of sanctions pursuant to-- 7#a7 the ,iran ,sanctions ,act of #aiif 7#ej ,u4,s4,c4 #agja note71 the ,comprehensive ,iran ,sanctions1 ,accountability and ,divestiture ,act of #bjaj 7#bb ,u4,s4,c4 #heja et seq471 the ,iran ,threat ,reduction and ,syria ,human ,rights ,act of #bjab 7#bb ,u4,s4,c4 #hgja et seq471 section #abde of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7#bb ,u4,s4,c4 #heac;a71 or the ,iran ,freedom and ,counter-,proliferation ,act of #bjab 7#bb ,u4,s4,c4 #hhja et seq472 7#b7 ,executive ,order ,no4 #acfbb 7,july #cj1 #bjab71 ,executive ,order ,no4 #acfbh 7,october #i1 #bjab71 or ,executive ,order ,no4 #acfde 7,june #c1 #bjac72 7#c7 ,executive ,order ,no4 #acbbd 7,september #bc1 #bjja7 or ,executive ,order ,no4 #accch 7,may #aa1 #bjjd72 or 7#d7 the ,syria ,accountability and ,lebanese ,sovereignty ,restoration ,act of #bjjc 7#bb ,u4,s4,c4 #baea note74 ,b ,planning for ,american ,energy #dbja4 ,short title ,this subtitle may be cited as the ,planning for ,american ,energy ,act of #bjad4 #dbjb4 ,onshore domestic energy production strategic plan 7a7 ,in general ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended by redesignating section #dd as section #de1 and by inserting after section #dc the following3 #dd4 ,quadrennial ,strategic ,federal ,onshore ,energy ,production ,strategy 7a7 ,in general 7#a7 ,the ,secretary of the ,interior 7hereafter in this section referred to as ,secretary71 in consultation with the ,secretary of ,agriculture with regard to lands administered by the ,forest ,service1 shall develop and publish every #d years a ,quadrennial ,federal ,onshore ,energy ,production ,strategy4 ,this ,strategy shall direct ,federal land energy development and department resource allocation in order to promote the energy and national security of the ,united ,states in accordance with ,bureau of ,land ,management's mission of promoting the multiple use of ,federal lands as set forth in the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7#b7 ,in developing this ,strategy1 the ,secretary shall consult with the ,administrator of the ,energy ,information ,administration on the projected energy demands of the ,united ,states for the next #cj-year period1 and how energy derived from ,federal onshore lands can put the ,united ,states on a trajectory to meet that demand during the next #d-year period4 ,the ,secretary shall consider how ,federal lands will contribute to ensuring national energy security1 with a goal for increasing energy independence and production1 during the next #d-year period4 7#c7 ,the ,secretary shall determine a domestic strategic production objective for the development of energy resources from ,federal onshore lands4 ,such objective shall be-- 7,a7 the best estimate1 based upon commercial and scientific data1 of the expected increase in domestic production of oil and natural gas from the ,federal onshore mineral estate1 with a focus on lands held by the ,bureau of ,land ,management and the ,forest ,service2 7,b7 the best estimate1 based upon commercial and scientific data1 of the expected increase in domestic coal production from ,federal lands2 7,c7 the best estimate1 based upon commercial and scientific data1 of the expected increase in domestic production of strategic and critical energy minerals from the ,federal onshore mineral estate2 7,d7 the best estimate1 based upon commercial and scientific data1 of the expected increase in megawatts for electricity production from each of the following sources3 wind1 solar1 biomass1 hydropower1 and geothermal energy produced on ,federal lands administered by the ,bureau of ,land ,management and the ,forest ,service2 7,e7 the best estimate1 based upon commercial and scientific data1 of the expected increase in unconventional energy production1 such as oil shale2 7,f7 the best estimate1 based upon commercial and scientific data1 of the expected increase in domestic production of oil1 natural gas1 coal1 and other renewable sources from tribal lands for any federally recognized ,indian tribe that elects to participate in facilitating energy production on its lands2 7,g7 the best estimate1 based upon commercial and scientific data1 of the expected increase in production of helium on ,federal lands administered by the ,bureau of ,land ,management and the ,forest ,service2 and 7,h7 the best estimate1 based upon commercial and scientific data1 of the expected increase in domestic production of geothermal1 solar1 wind1 or other renewable energy sources from available lands 7as such term is defined in section #bjc of the ,hawaiian ,homes ,commission ,act1 #aibj 7#db ,stat4 #ajh et seq471 and including any other lands deemed by the ,territory or ,state of ,hawaii1 as the case may be1 to be included within that definition7 that the agency or department of the government of the ,state of ,hawaii that is responsible for the administration of such lands selects to be used for such energy production4 7#d7 ,the ,secretary shall consult with the ,administrator of the ,energy ,information ,administration regarding the methodology used to arrive at its estimates for purposes of this section4 7#e7 ,the ,secretary has the authority to expand the energy development plan to include other energy production technology sources or advancements in energy on ,federal lands4 7#f7 ,the ,secretary shall include in the ,strategy a plan for addressing new demands for transmission lines and pipelines for distribution of oil and gas across ,federal lands to ensure that energy produced can be distributed to areas of need4 7b7 ,tribal objectives ,it is the sense of ,congress that federally recognized ,indian tribes may elect to set their own production objectives as part of the ,strategy under this section4 ,the ,secretary shall work in cooperation with any federally recognized ,indian tribe that elects to participate in achieving its own strategic energy objectives designated under this subsection4 7c7 ,execution of the ,strategy ,the relevant ,secretary shall have all necessary authority to make determinations regarding which additional lands will be made available in order to meet the production objectives established by strategies under this section4 ,the ,secretary shall also take all necessary actions to achieve these production objectives unless the ,president determines that it is not in the national security and economic interests of the ,united ,states to increase ,federal domestic energy production and to further decrease dependence upon foreign sources of energy4 ,in administering this section1 the relevant ,secretary shall only consider leasing ,federal lands available for leasing at the time the lease sale occurs4 7d7 ,state1 federally recognized ,indian tribes1 local government1 and public input ,in developing each strategy1 the ,secretary shall solicit the input of affected ,states1 federally recognized ,indian tribes1 local governments1 and the public4 7e7 ,reporting ,the ,secretary shall report annually to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate on the progress of meeting the production goals set forth in the strategy4 ,the ,secretary shall identify in the report projections for production and capacity installations and any problems with leasing1 permitting1 siting1 or production that will prevent meeting the goal4 ,in addition1 the ,secretary shall make suggestions to help meet any shortfalls in meeting the production goals4 7f7 ,programmatic environmental impact statement ,not later than #ab months after the date of enactment of this section1 in accordance with section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c771 the ,secretary shall complete a programmatic environmental impact statement4 ,this programmatic environmental impact statement will be deemed sufficient to comply with all requirements under that ,act for all necessary resource management and land use plans associated with the implementation of the strategy4 7g7 ,congressional review ,at least #fj days prior to publishing a proposed strategy under this section1 the ,secretary shall submit it to the ,president and the ,congress1 together with any comments received from ,states1 federally recognized ,indian tribes1 and local governments4 ,such submission shall indicate why any specific recommendation of a ,state1 federally recognized ,indian tribe1 or local government was not accepted4 7h7 ,strategic and critical energy minerals defined ,for purposes of this section1 the term strategic and critical energy minerals means those that are necessary for the ,nation's energy infrastructure including pipelines1 refining capacity1 electrical power generation and transmission1 and renewable energy production and those that are necessary to support domestic manufacturing1 including but not limited to1 materials used in energy generation1 production1 and transportation4 4 7b7 ,first ,quadrennial ,strategy ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of the ,interior shall submit to ,congress the first ,quadrennial ,federal ,onshore ,energy ,production ,strategy under the amendment made by subsection 7a74 ,c ,national ,petroleum ,reserve in ,alaska access #dcja4 ,short title ,this subtitle may be cited as the ,national ,petroleum ,reserve ,alaska ,access ,act4 #dcjb4 ,sense of ,congress and reaffirming national policy for the ,national ,petroleum ,reserve in ,alaska ,it is the sense of ,congress that-- 7#a7 the ,national ,petroleum ,reserve in ,alaska remains explicitly designated1 both in name and legal status1 for purposes of providing oil and natural gas resources to the ,united ,states2 and 7#b7 accordingly1 the national policy is to actively advance oil and gas development within the ,reserve by facilitating the expeditious exploration1 production1 and transportation of oil and natural gas from and through the ,reserve4 #dcjc4 ,national ,petroleum ,reserve in ,alaska3 lease sales ,section #ajg7;a7 of the ,naval ,petroleum ,reserves ,production ,act of #aigf 7#db ,u4,s4,c4 #fejf;a7a77 is amended to read as follows3 7a7 ,in ,general ,the ,secretary shall conduct an expeditious program of competitive leasing of oil and gas in the reserve in accordance with this ,act4 ,such program shall include at least one lease sale annually in those areas of the reserve most likely to produce commercial quantities of oil and natural gas each year in the period #bjae through #bjbe4 4 #dcjd4 ,national ,petroleum ,reserve in ,alaska3 planning and permitting pipeline and road construction 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of the ,interior1 in consultation with other appropriate ,federal agencies1 shall facilitate and ensure permits1 in a timely and environmentally responsible manner1 for all surface development activities1 including for the construction of pipelines and roads1 necessary to-- 7#a7 develop and bring into production any areas within the ,national ,petroleum ,reserve in ,alaska that are subject to oil and gas leases2 and 7#b7 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 ,alaska4 7b7 ,timeline ,the ,secretary shall ensure that any ,federal permitting agency shall issue permits in accordance with the following timeline3 7#a7 ,permits for such construction for transportation of oil and natural gas produced under existing ,federal oil and gas leases with respect to which the ,secretary has issued a permit to drill shall be approved within #fj days after the date of enactment of this ,act4 7#b7 ,permits for such construction for transportation of oil and natural gas produced under ,federal oil and gas leases shall be approved within #f months after the submission to the ,secretary of a request for a permit to drill4 7c7 ,plan ,to ensure timely future development of the ,reserve1 within #bgj days after the date of the enactment of this ,act1 the ,secretary of the ,interior shall submit to ,congress a plan for approved rights-of-way for a plan for pipeline1 road1 and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the ,reserve are within #be miles of an approved road and pipeline right-of-way that can serve future development of the ,reserve4 #dcje4 ,issuance of a new integrated activity plan and environmental impact statement 7a7 ,issuance of new integrated activity plan ,the ,secretary of the ,interior shall1 within #ahj days after the date of enactment of this ,act1 issue-- 7#a7 a new proposed integrated activity plan from among the non-adopted alternatives in the ,national ,petroleum ,reserve ,alaska ,integrated ,activity ,plan ,record of ,decision issued by the ,secretary of the ,interior and dated ,february #ba1 #bjac2 and 7#b7 an environmental impact statement under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 for issuance of oil and gas leases in the ,national ,petroleum ,reserve-,alaska to promote efficient and maximum development of oil and natural gas resources of such reserve4 7b7 ,nullification of existing record of decision1 ,,iap1 and ,,eis ,except as provided in subsection 7a71 the ,national ,petroleum ,reserve-,alaska ,integrated ,activity ,plan ,record of ,decision issued by the ,secretary of the ,interior and dated ,february #ba1 #bjac1 including the integrated activity plan and environmental impact statement referred to in that record of decision1 shall have no force or effect4 #dcjf4 ,departmental accountability for development ,the ,secretary of the ,interior shall issue regulations not later than #ahj 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-,alaska4 #dcjg4 ,deadlines under new proposed integrated activity plan ,at a minimum1 the new proposed integrated activity plan issued under section #dcje7;a77#a7 shall-- 7#a7 require the ,department of the ,interior to respond within #e business days to a person who submits an application for a permit for development of oil and natural gas leases in the ,national ,petroleum ,reserve-,alaska acknowledging receipt of such application2 and 7#b7 establish a timeline for the processing of each such application1 that-- 7,a7 specifies deadlines for decisions and actions on permit applications2 and 7,b7 provides that the period for issuing each permit after submission of such an application shall not exceed #fj days without the concurrence of the applicant4 #dcjh4 ,updated resource assessment 7a7 ,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 ,alaska1 including all conventional and unconventional oil and natural gas4 7b7 ,cooperation and consultation ,the resource assessment required by subsection 7a7 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 ,geologists4 7c7 ,timing ,the resource assessment required by subsection 7a7 shall be completed within #bd months of the date of the enactment of this ,act4 7d7 ,funding ,the ,united ,states ,geological ,survey may1 in carrying out the duties under this section1 cooperatively use resources and funds provided by the ,state of ,alaska4 ,d ,,blm ,live ,internet ,auctions #ddja4 ,short title ,this subtitle may be cited as the ,,blm ,live ,internet ,auctions ,act4 #ddjb4 ,internet-based onshore oil and gas lease sales 7a7 ,authorization ,section #ag7;b77#a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;b77#a77 is amended-- 7#a7 in subparagraph 7,a71 in the third sentence1 by inserting 1 except as provided in subparagraph 7,c7 after by oral bidding2 and 7#b7 by adding at the end the following3 7,c7 ,in order to diversify and expand the ,nation's onshore leasing program to ensure the best return to the ,federal taxpayer1 reduce fraud1 and secure the leasing process1 the ,secretary may conduct onshore lease sales through ,internet-based bidding methods4 ,each individual ,internet-based lease sale shall conclude within #g days4 4 7b7 ,report ,not later than #ij days after the tenth ,internet-based lease sale conducted under the amendment made by subsection 7a71 the ,secretary of the ,interior shall analyze the first #aj such lease sales and report to ,congress the findings of the analysis4 ,the report shall include-- 7#a7 estimates on increases or decreases in such lease sales1 compared to sales conducted by oral bidding1 in-- 7,a7 the number of bidders2 7,b7 the average amount of bid2 7,c7 the highest amount bid2 and 7,d7 the lowest bid2 7#b7 an estimate on the total cost or savings to the ,department of the ,interior as a result of such sales1 compared to sales conducted by oral bidding2 and 7#c7 an evaluation of the demonstrated or expected effectiveness of different structures for lease sales which may provide an opportunity to better maximize bidder participation1 ensure the highest return to the ,federal taxpayers1 minimize opportunities for fraud or collusion1 and ensure the security and integrity of the leasing process4 ,e ,native ,american ,energy #deja4 ,short title ,this subtitle may be cited as the ,native ,american ,energy ,act4 #dejb4 ,appraisals 7a7 ,amendment ,title ,,xxvi of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja et seq47 is amended by adding at the end the following3 #bfjg4 ,appraisal reforms 7a7 ,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 ,secretary1 any appraisal relating to fair market value required to be conducted under applicable law1 regulation1 or policy may be completed by-- 7#a7 the ,secretary2 7#b7 the affected ,indian tribe2 or 7#c7 a certified1 third-party appraiser pursuant to a contract with the ,indian tribe4 7b7 ,time ,limit on ,secretarial ,review and ,action ,not later than #cj days after the date on which the ,secretary receives an appraisal conducted by or for an ,indian tribe pursuant to paragraphs 7#b7 or 7#c7 of subsection 7a71 the ,secretary shall-- 7#a7 review the appraisal2 and 7#b7 provide to the ,indian tribe a written notice of approval or disapproval of the appraisal4 7c7 ,failure of ,secretary ,to ,approve or ,disapprove ,if1 after #fj days1 the ,secretary has failed to approve or disapprove any appraisal received1 the appraisal shall be deemed approved4 7d7 ,option to ,indian ,tribes ,to ,waive ,appraisal 7#a7 ,an ,indian tribe wishing to waive the requirements of subsection 7a71 may do so after it has satisfied the requirements of subsections 7#b7 and 7#c7 below4 7#b7 ,an ,indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the ,secretary a written resolution1 statement1 or other unambiguous indication of tribal intent1 duly approved by the governing body of the ,indian tribe4 7#c7 ,the unambiguous indication of intent provided by the ,indian tribe to the ,secretary under paragraph 7#b7 must include an express waiver by the ,indian tribe of any claims for damages it might have against the ,united ,states as a result of the lack of an appraisal undertaken4 7e7 ,definition ,for purposes of this section1 the term appraisal includes appraisals and other estimates of value4 7f7 ,regulations ,the ,secretary shall develop regulations for implementing this section1 including standards the ,secretary shall use for approving or disapproving an appraisal4 4 7b7 ,conforming amendment ,the table of contents of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbja note7 is amended by adding at the end of the items relating to title ,,xxvi the following3 ,sec4 #bfjg4 ,appraisal reforms4 4 #dejc4 ,standardization ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary of the ,interior shall implement procedures to ensure that each agency within the ,department of the ,interior that is involved in the review1 approval1 and oversight of oil and gas activities on ,indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells4 #dejd4 ,environmental reviews of major ,federal actions on ,indian lands ,section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7 is amended by inserting 7a7 ,in general4-- before the first sentence1 and by adding at the end the following3 7b7 ,review of major ,federal actions on ,indian lands 7#a7 ,in general ,for any major ,federal action on ,indian lands of an ,indian tribe requiring the preparation of a statement under subsection 7a77#b77;,c71 the statement shall only be available for review and comment by the members of the ,indian tribe and by any other individual residing within the affected area4 7#b7 ,regulations ,the ,chairman of the ,council on ,environmental ,quality shall develop regulations to implement this section1 including descriptions of affected areas for specific major ,federal actions1 in consultation with ,indian tribes4 7#c7 ,definitions ,in this subsection1 each of the terms ,indian land and ,indian tribe has the meaning given that term in section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja74 7#d7 ,clarification of authority ,nothing in the ,native ,american ,energy ,act1 except section #ejjf of that ,act1 shall give the ,secretary any additional authority over energy projects on ,alaska ,native ,claims ,settlement ,act lands4 4 #deje4 ,judicial review 7a7 ,time for filing complaint ,any energy related action must be filed not later than the end of the #fj-;day period beginning on the date of the final agency action4 ,any energy related action not filed within this time period shall be barred4 7b7 ,district court venue and deadline ,all energy related actions-- 7#a7 shall be brought in the ,united ,states ,district ,court for the ,district of ,columbia2 and 7#b7 shall be resolved as expeditiously as possible1 and in any event not more than #ahj days after such cause of action is filed4 7c7 ,appellate review ,an interlocutory order or final judgment1 decree or order of the district court in an energy related action may be reviewed by the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 ,the ,district of ,columbia ,circuit ,court of ,appeals shall resolve such appeal as expeditiously as possible1 and in any event not more than #ahj days after such interlocutory order or final judgment1 decree or order of the district court was issued4 7d7 ,limitation on certain payments ,notwithstanding section #acjd of title #ca1 ,united ,states ,code1 no award may be made under section #ejd of title #e1 ,united ,states ,code1 or under section #bdab of title #bh1 ,united ,states ,code1 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 sections1 to any person or party in an energy related action4 7e7 ,legal fees ,in any energy related action in which the plaintiff does not ultimately prevail1 the court shall award to the defendant 7including any intervenor-defendants71 other than the ,united ,states1 fees and other expenses incurred by that party in connection with the energy related action1 unless the court finds that the position of the plaintiff was substantially justified or that special circumstances make an award unjust4 ,whether or not the position of the plaintiff was substantially justified shall be determined on the basis of the administrative record1 as a whole1 which is made in the energy related action for which fees and other expenses are sought4 7f7 ,definitions ,for the purposes of this section1 the following definitions apply3 7#a7 ,agency action ,the term agency action has the same meaning given such term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,indian land ,the term ,indian ,land has the same meaning given such term in section #bjc7;c77#c7 of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #be ,u4,s4,c4 #ceja71 including lands owned by ,native ,corporations under the ,alaska ,native ,claims ,settlement ,act 7,public ,law #ib-bjc2 #dc ,u4,s4,c4 #afja74 7#c7 ,energy related action ,the term energy related action means a cause of action that-- 7,a7 is filed on or after the effective date of this ,act2 and 7,b7 seeks judicial review of a final agency action to issue a permit1 license1 or other form of agency permission allowing-- 7i7 any person or entity to conduct activities on ,indian ,land1 which activities involve the exploration1 development1 production or transportation of oil1 gas1 coal1 shale gas1 oil shale1 geothermal resources1 wind or solar resources1 underground coal gasification1 biomass1 or the generation of electricity2 or 7ii7 any ,indian ,tribe1 or any organization of #b or more entities1 at least #a of which is an ,indian tribe1 to conduct activities involving the exploration1 development1 production or transportation of oil1 gas1 coal1 shale gas1 oil shale1 geothermal resources1 wind or solar resources1 underground coal gasification1 biomass1 or the generation of electricity1 regardless of where such activities are undertaken4 7#d7 ,ultimately prevail ,the term ultimately prevail means1 in a final enforceable judgment1 the court rules in the party's favor on at least #a cause of action that is an underlying rationale for the preliminary injunction1 administrative stay1 or other relief requested by the party1 and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree4 #dejf4 ,tribal biomass demonstration project ,the ,tribal ,forest ,protection ,act of #bjjd is amended by inserting after section #b 7#be ,u4,s4,c4 #caae;a7 the following3 #c4 ,tribal biomass demonstration project 7a7 ,in general ,for each of fiscal years #bjae through #bjai1 the ,secretary shall enter into stewardship contracts or other agreements1 other than agreements that are exclusively direct service contracts1 with ,indian tribes to carry out demonstration projects to promote biomass energy production 7including biofuel1 heat1 and electricity generation7 on ,indian forest land and in nearby communities by providing reliable supplies of woody biomass from ,federal land4 7b7 ,definitions ,the definitions in section #b shall apply to this section4 7c7 ,demonstration projects ,in each fiscal year for which projects are authorized1 the ,secretary shall enter into contracts or other agreements described in subsection 7a7 to carry out at least #d new demonstration projects that meet the eligibility criteria described in subsection 7d74 7d7 ,eligibility criteria ,to be eligible to enter into a contract or other agreement under this subsection1 an ,indian tribe shall submit to the ,secretary an application-- 7#a7 containing such information as the ,secretary may require2 and 7#b7 that includes a description of-- 7,a7 the ,indian forest land or rangeland under the jurisdiction of the ,indian tribe2 and 7,b7 the demonstration project proposed to be carried out by the ,indian tribe4 7e7 ,selection ,in evaluating the applications submitted under subsection 7c71 the ,secretary-- 7#a7 shall take into consideration the factors set forth in paragraphs 7#a7 and 7#b7 of section #b7;e7 of ,public ,law #ajh-bgh2 and whether a proposed demonstration project would-- 7,a7 increase the availability or reliability of local or regional energy2 7,b7 enhance the economic development of the ,indian tribe2 7,c7 improve the connection of electric power transmission facilities serving the ,indian tribe with other electric transmission facilities2 7,d7 improve the forest health or watersheds of ,federal land or ,indian forest land or rangeland2 or 7,e7 otherwise promote the use of woody biomass2 and 7#b7 shall exclude from consideration any merchantable logs that have been identified by the ,secretary for commercial sale4 7f7 ,implementation ,the ,secretary shall-- 7#a7 ensure that the criteria described in subsection 7c7 are publicly available by not later than #abj days after the date of enactment of this section2 and 7#b7 to the maximum extent practicable1 consult with ,indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section4 7g7 ,report ,not later than ,september #bj1 #bjae1 the ,secretary shall submit to ,congress a report that describes1 with respect to the reporting period-- 7#a7 each individual tribal application received under this section2 and 7#b7 each contract and agreement entered into pursuant to this section4 7h7 ,incorporation of management plans ,in carrying out a contract or agreement under this section1 on receipt of a request from an ,indian tribe1 the ,secretary shall incorporate into the contract or agreement1 to the extent practicable1 management plans 7including forest management and integrated resource management plans7 in effect on the ,indian forest land or rangeland of the respective ,indian tribe4 7i7 ,term ,a stewardship contract or other agreement entered into under this section-- 7#a7 shall be for a term of not more than #bj years2 and 7#b7 may be renewed in accordance with this section for not more than an additional #aj years4 4 #dejg4 ,tribal resource management plans ,unless otherwise explicitly exempted by ,federal law enacted after the date of the enactment of this ,act1 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 7#be ,u4,s4,c4 #caja et seq47 or the ,american ,indian ,agricultural ,resource ,management ,act 7#be ,u4,s4,c4 #cgja et seq471 shall be considered a sustainable management practice for purposes of any ,federal standard1 benefit1 or requirement that requires a demonstration of such sustainability4 #dejh4 ,leases of restricted lands for the ,navajo ,nation ,subsection 7e77#a7 of the first section of the ,act of ,august #i1 #aiee 7#be ,u4,s4,c4 #dae7;e77#a72 commonly referred to as the ,long-,term ,leasing ,act71 is amended-- 7#a7 by striking 1 except a lease for and inserting 1 including leases for2 7#b7 in subparagraph 7,a71 by striking #be the first place it appears and all that follows and inserting #ii years22 7#c7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7,c7 in the case of a lease for the exploration1 development1 or extraction of mineral resources1 including geothermal resources1 #be years1 except that any such lease may include an option to renew for one additional term not to exceed #be years4 4 #deji4 ,nonapplicability of certain rules ,no rule promulgated by the ,department of the ,interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of ,indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status4 #deaj4 ,permits for incidental take ,section #a of the ,act of ,june #h1 #aidj 7chapter #bgh2 #af ,u4,s4,c4 #ffh71 popularly known as the ,bald and ,golden ,eagle ,protection ,act1 is amended by adding at the end the following3 7d7 ,permits for incidental take ,upon submission of a substantially completed application1 the ,secretary shall issue or deny an eagle take permit for no less than #cj years under section #bb4bf of title #ej1 ,code of ,federal ,regulations1 that authorizes taking of any bald eagle or golden eagle that is incidental to1 but not the purpose of1 an otherwise lawful activity4 ,failure to issue or deny such a permit within a reasonable time 7which shall not exceed one year7 is deemed issuance of such permit1 and the applicant shall not be subject to liability for any incidental take of a bald eagle or golden eagle that is in conformity with the information submitted to the ,secretary as part of the application for the permit4 4 #deaa4 ,migratory ,bird ,treaty ,act ,section #f7;a7 of the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjg7;a77 is amended-- 7#a7 by striking shall the first and second place it appears and inserting shall with intent knowingly2 and 7#b7 by adding at the end the following3 ,for the purposes of this subsection1 with intent knowingly does not include any taking1 killing1 or other harm to any migratory bird that is accidental or incidental to the presence or operation of an otherwise lawful activity44 ,,xiv ,hydraulic ,fracturing ,a ,state ,authority for ,hydraulic ,fracturing ,regulation #eaja4 ,short title ,this title may be cited as the ,protecting ,states' ,rights to ,promote ,american ,energy ,security ,act4 #eajb4 ,state authority for hydraulic fracturing regulation ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended by redesignating section #dd as section #de1 and by inserting after section #dc the following3 #dd4 ,state authority for hydraulic fracturing regulation 7a7 ,in general ,the ,department of the ,interior shall not enforce any ,federal regulation1 guidance1 or permit requirement regarding hydraulic fracturing1 or any component of that process1 relating to oil1 gas1 or geothermal production activities on or under any land in any ,state that has regulations1 guidance1 or permit requirements for that activity4 7b7 ,state authority ,the ,department of the ,interior shall recognize and defer to ,state regulations1 permitting1 and guidance1 for all activities related to hydraulic fracturing1 or any component of that process1 relating to oil1 gas1 or geothermal production activities on ,federal land4 7c7 ,transparency of ,state regulations 7#a7 ,in general ,each ,state shall submit to the ,bureau of ,land ,management a copy of its regulations that apply to hydraulic fracturing operations on ,federal land4 7#b7 ,availability ,the ,secretary of the ,interior shall make available to the public ,state regulations submitted under this subsection4 7d7 ,transparency of ,state disclosure requirements 7#a7 ,in general ,each ,state shall submit to the ,bureau of ,land ,management a copy of any regulations of the ,state that require disclosure of chemicals used in hydraulic fracturing operations on ,federal land4 7#b7 ,availability ,the ,secretary of the ,interior shall make available to the public ,state regulations submitted under this subsection4 7e7 ,hydraulic fracturing defined ,in this section the term hydraulic fracturing means the process by which fracturing fluids 7or a fracturing fluid system7 are pumped into an underground geologic formation at a calculated1 predetermined rate and pressure to generate fractures or cracks in the target formation and thereby increase the permeability of the rock near the wellbore and improve production of natural gas or oil4 4 #eajc4 ,government ,accountability ,office study 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study examining the economic benefits of domestic shale oil and gas production resulting from the process of hydraulic fracturing4 ,this study shall include identification of-- 7#a7 ,state and ,federal revenue generated as a result of shale gas production2 7#b7 jobs created both directly and indirectly as a result of shale oil and gas production2 and 7#c7 an estimate of potential energy prices without domestic shale oil and gas production4 7b7 ,report ,the ,comptroller ,general shall submit a report on the findings of such study to the ,committee on ,natural ,resources of the ,house of ,representatives within #cj days after completion of the study4 #eajd4 ,tribal authority on trust land ,the ,department of the ,interior shall not enforce any ,federal regulation1 guidance1 or permit requirement regarding the process of hydraulic fracturing 7as that term is defined in section #dd of the ,mineral ,leasing ,act1 as amended by section #eajb of this title71 or any component of that process1 relating to oil1 gas1 or geothermal production activities on any land held in trust or restricted status for the benefit of ,indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status4 ,b ,,epa ,hydraulic ,fracturing ,research #ebja4 ,short title ,this title may be cited as the ,,epa ,hydraulic ,fracturing ,study ,improvement ,act4 #ebjb4 ,,epa hydraulic fracturing research ,in conducting its study of the potential impacts of hydraulic fracturing on drinking water resources1 with respect to which a request for information was issued under ,federal ,register1 ,vol4 #gg1 ,no4 #bah1 the ,administrator of the ,environmental ,protection ,agency shall adhere to the following requirements3 7#a7 ,peer review and information quality ,prior to issuance and dissemination of any final report or any interim report summarizing the ,environmental ,protection ,agency's research on the relationship between hydraulic fracturing and drinking water1 the ,administrator shall-- 7,a7 consider such reports to be ,highly ,influential ,scientific ,assessments and require peer review of such reports in accordance with guidelines governing such assessments1 as described in-- 7i7 the ,environmental ,protection ,agency's ,peer ,review ,handbook #crd ,edition2 7ii7 the ,environmental ,protection ,agency's ,scientific ,integrity ,policy1 as in effect on the date of enactment of this ,act2 and 7iii7 the ,office of ,management and ,budget's ,peer ,review ,bulletin1 as in effect on the date of enactment of this ,act2 and 7,b7 require such reports to meet the standards and procedures for the dissemination of influential scientific1 financial1 or statistical information set forth in the ,environmental ,protection ,agency's ,guidelines for ,ensuring and ,maximizing the ,quality1 ,objectivity1 ,utility1 and ,integrity of ,information ,disseminated by the ,environmental ,protection ,agency1 developed in response to guidelines issued by the ,office of ,management and ,budget under section #eae7;a7 of the ,treasury and ,general ,government ,appropriations ,act for ,fiscal ,year #bjja 7,public ,law #ajf-eed74 7#b7 ,probability1 uncertainty1 and consequence ,in order to maximize the quality and utility of information developed through the study1 the ,administrator shall ensure that identification of the possible impacts of hydraulic fracturing on drinking water resources included in such reports be accompanied by objective estimates of the probability1 uncertainty1 and consequence of each identified impact1 taking into account the risk management practices of ,states and industry4 ,estimates or descriptions of probability1 uncertainty1 and consequence shall be as quantitative as possible given the validity1 accuracy1 precision1 and other quality attributes of the underlying data and analyses1 but no more quantitative than the data and analyses can support4 7#c7 ,release of final report ,the final report shall be publicly released by ,september #cj1 #bjaf4 ,c ,miscellaneous provisions #ecja4 ,review of ,state activities ,the ,secretary of the ,interior shall annually review and report to ,congress on all ,state activities relating to hydraulic fracturing4 ,,xv ,northern ,route ,approval #fjja4 ,short title ,this title may be cited as the ,northern ,route ,approval ,act4 #fjjb4 ,findings ,the ,congress finds the following3 7#a7 ,to maintain our ,nation's competitive edge and ensure an economy built to last1 the ,united ,states must have fast1 reliable1 resilient1 and environmentally sound means of moving energy4 ,in a global economy1 we will compete for the world's investments based in significant part on the quality of our infrastructure4 ,investing in the ,nation's infrastructure provides immediate and long-term economic benefits for local communities and the ,nation as a whole4 7#b7 ,the delivery of oil from ,canada1 a close ally not only in proximity but in shared values and ideals1 to domestic markets is in the national interest because of the need to lessen dependence upon insecure foreign sources4 7#c7 ,the ,keystone ,,xl pipeline would provide both short-term and long-term employment opportunities and related labor income benefits1 such as government revenues associated with taxes4 7#d7 ,the ,state of ,nebraska has thoroughly reviewed and approved the proposed ,keystone ,,xl pipeline reroute1 concluding that the concerns of ,nebraskans have had a major influence on the pipeline reroute and that the reroute will have minimal environmental impacts4 7#e7 ,the ,department of ,state and other ,federal agencies have over a long period of time conducted extensive studies and analysis of the technical aspects and of the environmental1 social1 and economic impacts of the proposed ,keystone ,,xl pipeline1 and-- 7,a7 the ,department of ,state assessments found that the ,keystone ,,xl pipeline is not likely to impact the amount of crude oil produced from the oil sands and that approval or denial of the proposed project is unlikely to have a substantial impact on the rate of development in the oil sands2 7,b7 the ,department of ,state found that incremental life-cycle greenhouse gas emissions associated with the ,keystone ,,xl project are estimated in the range of #j4jg to #j4hc million metric tons of carbon dioxide equivalents1 with the upper end of this range representing twelve one-thousandths of one percent of the #f1gjb million metric tons of carbon dioxide emitted in the ,united ,states in #bjaa2 and 7,c7 after extensive evaluation of potential impacts to land and water resources along the ,keystone ,,xl pipeline's #hge-mile proposed route1 the ,department of ,state found that ,the analyses of potential impacts associated with construction and normal operation of the proposed ,project suggest that there would be no significant impacts to most resources along the proposed ,project route 7assuming ,keystone complies with all laws and required conditions and measures744 7#f7 ,the transportation of oil via pipeline is the safest and most economically and environmentally effective means of doing so1 and-- 7,a7 transportation of oil via pipeline has a record of unmatched safety and environmental protection1 and the ,department of ,state found that ,spills associated with the proposed ,project that enter the environment expected to be rare and relatively small1 and that there is no evidence of increased corrosion or other pipeline threat due to viscosity of diluted bitumen oil that will be transported by the ,keystone ,,xl pipeline2 and 7,b7 plans to incorporate #eg project-specific special conditions related to the design1 construction1 and operations of the ,keystone ,,xl pipeline led the ,department of ,state to find that the pipeline will have a degree of safety over any other typically constructed domestic oil pipeline4 7#g7 ,the ,keystone ,,xl is in much the same position today as the ,alaska ,pipeline in #aigc prior to congressional action4 ,once again1 the ,federal regulatory process remains an insurmountable obstacle to a project that is likely to reduce oil imports from insecure foreign sources4 #fjjc4 ,keystone ,,xl permit approval ,notwithstanding ,executive ,order ,no4 #acccg 7#c ,u4,s4,c4 #cja note71 ,executive ,order ,no4 #aadbc 7#c ,u4,s4,c4 #cja note71 section #cja of title #c1 ,united ,states ,code1 and any other ,executive order or provision of law1 no ,presidential permit shall be required for the pipeline described in the application filed on ,may #d1 #bjab1 by ,trans,canada ,keystone ,pipeline1 ,l4,p4 to the ,department of ,state for the ,keystone ,,xl pipeline1 as supplemented to include the ,nebraska reroute evaluated in the ,final ,evaluation ,report issued by the ,nebraska ,department of ,environmental ,quality in ,january #bjac and approved by the ,nebraska governor4 ,the final environmental impact statement issued by the ,secretary of ,state on ,august #bf1 #bjaa1 coupled with the ,final ,evaluation ,report described in the previous sentence1 shall be considered to satisfy all requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq474 #fjjd4 ,judicial review 7a7 ,exclusive jurisdiction ,except for review by the ,supreme ,court on writ of certiorari1 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have original and exclusive jurisdiction to determine-- 7#a7 the validity of any final order or action 7including a failure to act7 of any ,federal agency or officer with respect to issuance of a permit relating to the construction or maintenance of the ,keystone ,,xl pipeline1 including any final order or action deemed to be taken1 made1 granted1 or issued2 7#b7 the constitutionality of any provision of this title1 or any decision or action taken1 made1 granted1 or issued1 or deemed to be taken1 made1 granted1 or issued under this title2 or 7#c7 the adequacy of any environmental impact statement prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 or of any analysis under any other ,act1 with respect to any action taken1 made1 granted1 or issued1 or deemed to be taken1 made1 granted1 or issued under this title4 7b7 ,deadline for filing claim ,a claim arising under this title may be brought not later than #fj days after the date of the decision or action giving rise to the claim4 7c7 ,expedited consideration ,the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall set any action brought under subsection 7a7 for expedited consideration1 taking into account the national interest of enhancing national energy security by providing access to the significant oil reserves in ,canada that are needed to meet the demand for oil4 #fjje4 ,american burying beetle 7a7 ,findings ,the ,congress finds that-- 7#a7 environmental reviews performed for the ,keystone ,,xl pipeline project satisfy the requirements of section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77#b77 in its entirety2 and 7#b7 for purposes of that ,act1 the ,keystone ,,xl pipeline project will not jeopardize the continued existence of the ,american burying beetle or destroy or adversely modify ,american burying beetle critical habitat4 7b7 ,biological opinion ,the ,secretary of the ,interior is deemed to have issued a written statement setting forth the ,secretary's opinion containing such findings under section #g7;b77#a77;,a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;b77#a77;,a77 and any taking of the ,american burying beetle that is incidental to the construction or operation and maintenance of the ,keystone ,,xl pipeline as it may be ultimately defined in its entirety1 shall not be considered a prohibited taking of such species under such ,act4 #fjjf4 ,right-of-way and temporary use permit ,the ,secretary of the ,interior is deemed to have granted or issued a grant of right-of-way and temporary use permit under section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe7 and the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 as set forth in the application tendered to the ,bureau of ,land ,management for the ,keystone ,,xl pipeline4 #fjjg4 ,permits for activities in navigable waters 7a7 ,issuance of permits ,the ,secretary of the ,army1 not later than #ij days after receipt of an application therefor1 shall issue all permits under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 and section #aj of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #djc2 commonly known as the ,rivers and ,harbors ,appropriations ,act of #ahii71 necessary for the construction1 operation1 and maintenance of the pipeline described in the ,may #d1 #bjab1 application referred to in section #fjjc1 as supplemented by the ,nebraska reroute4 ,the application shall be based on the administrative record for the pipeline as of the date of enactment of this ,act1 which shall be considered complete4 7b7 ,waiver of procedural requirements ,the ,secretary may waive any procedural requirement of law or regulation that the ,secretary considers desirable to waive in order to accomplish the purposes of this section4 7c7 ,issuance in absence of action by the ,secretary ,if the ,secretary has not issued a permit described in subsection 7a7 on or before the last day of the #ij-;day period referred to in subsection 7a71 the permit shall be deemed issued under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 or section #aj of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #djc71 as appropriate1 on the day following such last day4 7d7 ,limitation ,the ,administrator of the ,environmental ,protection ,agency may not prohibit or restrict an activity or use of an area that is authorized under this section4 #fjjh4 ,migratory ,bird ,treaty ,act permit ,the ,secretary of the ,interior is deemed to have issued a special purpose permit under the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq471 as described in the application filed with the ,united ,states ,fish and ,wildlife ,service for the ,keystone ,,xl pipeline on ,january #aa1 #bjac4 #fjji4 ,oil spill response plan disclosure 7a7 ,in general ,any pipeline owner or operator required under ,federal law to develop an oil spill response plan for the ,keystone ,,xl pipeline shall make such plan available to the ,governor of each ,state in which such pipeline operates to assist with emergency response preparedness4 7b7 ,updates ,a pipeline owner or operator required to make available to a ,governor a plan under subsection 7a7 shall make available to such ,governor any update of such plan not later than #g days after the date on which such update is made4 ,,xvi ,relief from ,,epa climate change regulations and ,federal prohibitions on synthetic fuels #gjja4 ,repeal of ,,epa climate change regulation 7a7 ,greenhouse gas regulation under ,clean ,air ,act ,section #cjb7;g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjb7;g77 is amended by adding the following at the end thereof3 ,the term air pollutant shall not include carbon dioxide1 water vapor1 methane1 nitrous oxide1 hydrofluorocarbons1 perfluorocarbons1 or sulfur hexafluoride44 7b7 ,no regulation of climate change ,nothing in the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 or the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq471 shall be treated as authorizing or requiring the regulation of climate change or global warming4 #gjjb4 ,repeal of ,federal ban on synthetic fuels purchasing requirement ,section #ebf of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #affc2 #db ,u4,s4,c4 #agadb7 is repealed4 #gjjc4 ,sense of ,congress opposing carbon tax ,it is the sense of the ,congress that a carbon tax-- 7#a7 would be detrimental to ,american families and businesses2 and 7#b7 is not in the best interest of the ,united ,states4 #gjjd4 ,prohibition on use of social cost of carbon in analysis 7a7 ,in ,general ,notwithstanding any other provision of law or any executive order1 the ,administrator of the ,environmental ,protection ,agency may not use the social cost of carbon in order to incorporate social benefits of reducing carbon dioxide emissions1 or for any other reason1 in any cost-benefit analysis relating to an energy-related rule4 7b7 ,definition ,in this section1 the term social cost of carbon means the social cost of carbon as described in the technical support document entitled ,technical ,support ,document3 ,technical ,update of the ,social ,cost of ,carbon for ,regulatory ,impact ,analysis ,under ,executive ,order #abhff1 published by the ,interagency ,working ,group on ,social ,cost of ,carbon1 ,united ,states ,government1 in ,may #bjac1 or any successor or substantially related document1 or any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year4 ,,xvii ,addressing the ,president's ,war on ,coal ,a ,management and disposal of coal combustion residuals #hjja4 ,short title ,this subtitle may be cited as the ,coal ,residuals ,reuse and ,management ,act of #bjad4 #hjjb4 ,management and disposal of coal combustion residuals 7a7 ,in general ,subtitle ,d of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fida et seq47 is amended by adding at the end the following3 #djaa4 ,management and disposal of coal combustion residuals 7a7 ,state permit programs for coal combustion residuals ,each ,state may adopt1 implement1 and enforce a coal combustion residuals permit program if such ,state provides the notification required under subsection 7b77#a71 and the certification required under subsection 7b77#b74 7b7 ,state actions 7#a7 ,notification ,not later than #f months after the date of enactment of this section 7except as provided by the deadline identified under subsection 7d77#c77;,b771 the ,governor of each ,state shall notify the ,administrator1 in writing1 whether such ,state will adopt and implement a coal combustion residuals permit program4 7#b7 ,certification 7,a7 ,in general ,not later than #cf months after the date of enactment of this section 7except as provided in subsection 7f77#a77;,a771 in the case of a ,state that has notified the ,administrator that it will implement a coal combustion residuals permit program1 the head of the lead ,state implementing agency shall submit to the ,administrator a certification that such coal combustion residuals permit program meets the requirements described in subsection 7c74 7,b7 ,contents ,a certification submitted under this paragraph shall include-- 7i7 a letter identifying the lead ,state implementing agency1 signed by the head of such agency2 7ii7 identification of any other ,state agencies involved with the implementation of the coal combustion residuals permit program2 7iii7 an explanation of how the ,state coal combustion residuals permit program meets the requirements of this section1 including a description of the ,state's-- 7,i7 process to inspect or otherwise determine compliance with such permit program2 7,,ii7 process to enforce the requirements of such permit program2 7,,iii7 public participation process for the promulgation1 amendment1 or repeal of regulations for1 and the issuance of permits under1 such permit program2 7,,iv7 statutes1 regulations1 or policies pertaining to public access to information1 such as groundwater monitoring data2 and 7,v7 statutes1 regulations1 or policies pertaining to structural integrity or dam safety that may be applied to structures through such permit program2 7iv7 a certification that the ,state has in effect1 at the time of certification1 statutes or regulations necessary to implement a coal combustion residuals permit program that meets the requirements described in subsection 7c72 7v7 copies of ,state statutes and regulations described in clause 7iv72 and 7vi7 an emergency action plan for ,state response to a leak or spill at a structure that receives coal combustion residuals4 7,c7 ,updates ,a ,state may update the certification as needed to reflect changes to the coal combustion residuals permit program4 7#c7 ,maintenance of #djje7;c7 or #cjjf program ,in order to adopt or implement a coal combustion residuals permit program under this section 7including pursuant to subsection 7f771 the ,state implementing agency shall maintain an approved permit program or other system of prior approval and conditions under section #djje7;c7 or an authorized program under section #cjjf4 7c7 ,requirements for a coal combustion residuals permit program ,a coal combustion residuals permit program shall consist of the following3 7#a7 ,general requirements 7,a7 ,in general ,the implementing agency shall-- 7i7 apply the subset of the revised criteria described in paragraph 7#b7 to owners or operators of structures1 including surface impoundments1 that receive coal combustion residuals on or after the date of enactment of this section2 7ii7 with respect to structures that are receiving coal combustion residuals as of the date of enactment of this section1 take the actions required under paragraph 7#c72 7iii7 impose requirements for surface impoundments that do not meet certain criteria pursuant to paragraph 7#d72 and 7iv7 require that closure of structures occur in accordance with paragraph 7#e74 7,b7 ,structural integrity 7i7 ,engineering certification ,the implementing agency shall require that an independent registered professional engineer certify that-- 7,i7 the design of each structure that receives coal combustion residuals on or after the date of enactment of this section is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded therein2 and 7,,ii7 the construction and maintenance of the structure will ensure structural stability4 7ii7 ,emergency action plan ,the implementing agency shall require that the owner or operator of any structure that is a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section and that is classified by the ,state as posing a high hazard potential pursuant to the guidelines published by the ,federal ,emergency ,management ,agency entitled ,federal ,guidelines for ,dam ,safety3 ,hazard ,potential ,classification ,system for ,dams 7,,fema ,publication ,number #ccc7 prepare and maintain an emergency action plan that identifies responsible persons and actions to be taken in the event of a dam safety emergency4 7iii7 ,inspection 7,i7 ,in general ,the implementing agency shall require that structures that are surface impoundments that receive coal combustion residuals on or after the date of enactment of this section be inspected not less than annually by an independent registered professional engineer to assure that the design1 operation1 and maintenance of the surface impoundment is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded therein1 so as to ensure dam stability4 7,,ii7 ,potentially hazardous conditions ,the implementing agency shall require that if an inspection under subclause 7,i71 or a periodic evaluation under clause 7iv71 reveals a potentially hazardous condition1 the owner or operator of the structure shall immediately take action to mitigate the potentially hazardous condition and notify appropriate ,state and local first responders4 7iv7 ,periodic evaluation ,the implementing agency shall require that structures that are surface impoundments that receive coal combustion residuals on or after the date of enactment of this section be periodically evaluated for appearances of structural weakness4 7v7 ,deficiency 7,i7 ,in general ,if the head of the implementing agency determines that a structure is deficient with respect to the requirements in clause 7i71 7iii71 or 7iv71 the head of the agency has the authority to require action to correct the deficiency according to a schedule determined by the agency4 7,,ii7 ,uncorrected deficiencies ,if a deficiency is not corrected according to the schedule1 the head of the implementing agency has the authority to require that the structure close in accordance with paragraph 7#e74 7,,iii7 ,dam safety consultation ,in the case of a structure that is a surface impoundment1 the head of the implementing agency shall1 in making a determination under subclause 7,i71 consult with appropriate ,state dam safety officials4 7,c7 ,location ,the implementing agency shall require that structures that first receive coal combustion residuals on or after the date of enactment of this section shall be constructed with a base located a minimum of #b feet above the upper limit of the water table1 unless it is demonstrated to the satisfaction of the implementing agency that-- 7i7 the hydrogeologic characteristics of a structure and surrounding land would preclude such a requirement2 and 7ii7 the function and integrity of the liner system will not be adversely impacted by contact with the water table4 7,d7 ,wind dispersal 7i7 ,in general ,the implementing agency shall require that owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section address wind dispersal of dust by requiring cover1 or by wetting coal combustion residuals with water to a moisture content that prevents wind dispersal1 facilitates compaction1 and does not result in free liquids4 7ii7 ,alternative methods ,subject to the review and approval by the implementing agency1 owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section may propose alternative methods to address wind dispersal of dust that will provide comparable or more effective control of dust4 7,e7 ,permits ,the implementing agency shall require that owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section apply for and obtain permits incorporating the requirements of the coal combustion residuals permit program4 7,f7 ,public availability of information ,except for information with respect to which disclosure is prohibited under section #aije of title #ah1 ,united ,states ,code1 the implementing agency shall ensure that-- 7i7 documents for permit determinations are made available for public review and comment under the public participation process described in subsection 7b77#b77;,b77iii77,,iii7 or in subsection 7e77#f71 as applicable2 7ii7 final determinations on permit applications are made known to the public2 and 7iii7 groundwater monitoring data collected under paragraph 7#b7 is publicly available4 7,g7 ,agency authority 7i7 ,in general ,the implementing agency has the authority to-- 7,i7 obtain information necessary to determine whether the owner or operator of a structure is in compliance with the requirements of this subsection2 7,,ii7 conduct or require monitoring and testing to ensure that structures are in compliance with the requirements of this subsection2 and 7,,iii7 enter1 at reasonable times1 any site or premise subject to the coal combustion residuals permit program for the purpose of inspecting structures and reviewing records relevant to the design1 operation1 and maintenance of structures4 7ii7 ,monitoring and testing ,if monitoring or testing is conducted under clause 7i77,,ii7 by or for the implementing agency1 the implementing agency shall1 if requested1 provide to the owner or operator-- 7,i7 a written description of the monitoring or testing completed2 7,,ii7 at the time of sampling1 a portion of each sample equal in volume or weight to the portion retained by or for the implementing agency2 and 7,,iii7 a copy of the results of any analysis of samples collected by or for the implementing agency4 7#b7 ,revised criteria ,the subset of the revised criteria referred to in paragraph 7#a77;,a77i7 are as follows3 7,a7 ,design requirements ,for new structures1 and lateral expansions of existing structures1 that first receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria regarding design requirements described in section #beh4dj of title #dj1 ,code of ,federal ,regulations1 except that the leachate collection system requirements described in section #beh4dj7;a77#b7 of title #dj1 ,code of ,federal ,regulations1 do not apply to structures that are surface impoundments4 7,b7 ,groundwater monitoring and corrective action ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria regarding groundwater monitoring and corrective action requirements described in subpart ,e of part #beh of title #dj1 ,code of ,federal ,regulations1 except that1 for the purposes of this subparagraph1 the revised criteria shall also include-- 7i7 for the purposes of detection monitoring1 the constituents boron1 chloride1 conductivity1 fluoride1 mercury1 p,h1 sulfate1 sulfide1 and total dissolved solids2 and 7ii7 for the purposes of assessment monitoring1 establishing a groundwater protection standard1 and assessment of corrective measures1 the constituents aluminum1 boron1 chloride1 fluoride1 iron1 manganese1 molybdenum1 p,h1 sulfate1 and total dissolved solids4 7,c7 ,closure ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 in a manner consistent with paragraph 7#e71 the revised criteria for closure described in subsections 7a7 through 7c7 and 7h7 through 7j7 of section #beh4fj of title #dj1 ,code of ,federal ,regulations4 7,d7 ,post-closure ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for post-closure care described in section #beh4fa of title #dj1 ,code of ,federal ,regulations1 except for the requirement described in subsection 7a77#d7 of that section4 7,e7 ,location restrictions ,the revised criteria for location restrictions described in-- 7i7 for new structures1 and lateral expansions of existing structures1 that first receive coal combustion residuals on or after the date of enactment of this section1 sections #beh4aa through #beh4ae of title #dj1 ,code of ,federal ,regulations2 and 7ii7 for existing structures that receive coal combustion residuals on or after the date of enactment of this section1 sections #beh4aa and #beh4ae of title #dj1 ,code of ,federal ,regulations4 7,f7 ,air quality ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for air quality described in section #beh4bd of title #dj1 ,code of ,federal ,regulations4 7,g7 ,financial assurance ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for financial assurance described in subpart ,g of part #beh of title #dj1 ,code of ,federal ,regulations4 7,h7 ,surface water ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for surface water described in section #beh4bg of title #dj1 ,code of ,federal ,regulations4 7,i7 ,recordkeeping ,for all structures that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for recordkeeping described in section #beh4bi of title #dj1 ,code of ,federal ,regulations4 7,j7 ,run-on and run-off control systems for land-based units ,for all landfills and other land-based units1 other than surface impoundments1 that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for run-on and run-off control systems described in section #beh4bf of title #dj1 ,code of ,federal ,regulations4 7,k7 ,run-off control systems for surface impoundments ,for all surface impoundments that receive coal combustion residuals on or after the date of enactment of this section1 the revised criteria for run-off control systems described in section #beh4bf7;a77#b7 of title #dj1 ,code of ,federal ,regulations4 7#c7 ,permit program implementation for existing structures 7,a7 ,notification ,not later than the date on which a ,state submits a certification under subsection 7b77#b71 not later than #cj months after the ,administrator receives notice under subsection 7e77#a77;,a71 or not later than #cf months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the ,administrator under subsection 7e77#c71 as applicable1 the implementing agency shall notify owners or operators of structures that are receiving coal combustion residuals as of the date of enactment of this section within the ,state of-- 7i7 the obligation to apply for and obtain a permit under subparagraph 7,c72 and 7ii7 the requirements referred to in subparagraph 7,b74 7,b7 ,compliance with certain requirements ,not later than #ab months after the date on which a ,state submits a certification under subsection 7b77#b71 not later than #db months after the ,administrator receives notice under subsection 7e77#a77;,a71 or not later than #dh months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the ,administrator under subsection 7e77#c71 as applicable1 the implementing agency shall require owners or operators of structures that are receiving coal combustion residuals as of the date of enactment of this section to comply with-- 7i7 the requirements under paragraphs 7#a77;,b77ii7 and 7iii71 7#a77;,d71 7#b77;,b71 7#b77;,f71 7#b77;,h71 7#b77;,j71 and 7#b77,k72 and 7ii7 the groundwater recordkeeping requirement described in section #beh4bi7;a77#e7 of title #dj1 ,code of ,federal ,regulations4 7,c7 ,permits 7i7 ,permit deadline ,not later than #dh months after the date on which a ,state submits a certification under subsection 7b77#b71 not later than #gh months after the ,administrator receives notice under subsection 7e77#a77;,a71 or not later than #hd months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the ,administrator under subsection 7e77#c71 as applicable1 the implementing agency shall issue1 with respect to a structure that is receiving coal combustion residuals as of the date of enactment of this section1 a final permit incorporating the requirements of the coal combustion residuals permit program1 or a final denial for an application submitted requesting such a permit4 7ii7 ,application deadline ,the implementing agency shall identify1 in collaboration with the owner or operator of a structure described in clause 7i71 a reasonable deadline by which the owner or operator shall submit a permit application under such clause4 7,d7 ,interim operation 7i7 ,prior to deadlines ,with respect to any period of time on or after the date of enactment of this section but prior to the applicable deadline in subparagraph 7,b71 the owner or operator of a structure that is receiving coal combustion residuals as of the date of enactment of this section may continue to operate such structure until such applicable deadline under the applicable authority in effect4 7ii7 ,prior to permit ,unless the implementing agency determines that the structure should close pursuant to paragraph 7#e71 if the owner or operator of a structure that is receiving coal combustion residuals as of the date of enactment of this section meets the requirements referred to in subparagraph 7,b7 by the applicable deadline in such subparagraph1 the owner or operator may operate the structure until such time as the implementing agency issues1 under subparagraph 7,c71 a final permit incorporating the requirements of the coal combustion residuals permit program1 or a final denial for an application submitted requesting such a permit4 7#d7 ,requirements for surface impoundments that do not meet certain criteria 7,a7 ,surface impoundments that require assessment of corrective measures within #aj years of the date of enactment 7i7 ,in general ,in addition to the groundwater monitoring and corrective action requirements described in paragraph 7#b77;,b71 the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause 7ii7 of this subparagraph and clauses 7i7 and 7ii7 of subparagraph 7,d7 if the surface impoundment-- 7,i7 does not-- 7aa7 have a liner system described in section #beh4dj7;b7 of title #dj1 ,code of ,federal ,regulations2 and 7bb7 meet the design criteria described in section #beh4dj7;a77#a7 of title #dj1 ,code of ,federal ,regulations2 and 7,,ii7 within #aj years after the date of enactment of this section1 is required under section #beh4ef7;a7 of title #dj1 ,code of ,federal ,regulations1 to undergo an assessment of corrective measures for any constituent covered under subpart ,e of part #beh of title #dj1 ,code of ,federal ,regulations1 or otherwise identified in paragraph 7#b77;,b77ii7 of this subsection1 for which assessment groundwater monitoring is required4 7ii7 ,deadline to meet groundwater protection standard ,except as provided in subparagraph 7,c71 the implementing agency shall require that the groundwater protection standard1 for surface impoundments identified in clause 7i7 of this subparagraph1 established by the implementing agency under section #beh4ee7;h7 or #beh4ee7;i7 of title #dj1 ,code of ,federal ,regulations1 for any constituent for which corrective measures are required shall be met-- 7,i7 as soon as practicable at the relevant point of compliance1 as described in section #beh4dj7;d7 of title #dj1 ,code of ,federal ,regulations2 and 7,,ii7 not later than #aj years after the date of enactment of this section4 7,b7 ,surface impoundments subject to a state corrective action requirement as of the date of enactment 7i7 ,in general ,in addition to the groundwater monitoring and corrective action requirements described in paragraph 7#b77;,b71 the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause 7ii7 of this subparagraph and clauses 7i7 and 7ii7 of subparagraph 7,d7 if the surface impoundment-- 7,i7 does not-- 7aa7 have a liner system described in section #beh4dj7;b7 of title #dj1 ,code of ,federal ,regulations2 and 7bb7 meet the design criteria described in section #beh4dj7;a77#a7 of title #dj1 ,code of ,federal ,regulations2 and 7,,ii7 as of the date of enactment of this section1 is subject to a ,state corrective action requirement4 7ii7 ,deadline to meet groundwater protection standard ,except as provided in subparagraph 7,c71 the implementing agency shall require that the groundwater protection standard1 for surface impoundments identified in clause 7i7 of this subparagraph1 established by the implementing agency under section #beh4ee7;h7 or #beh4ee7;i7 of title #dj1 ,code of ,federal ,regulations1 for any constituent for which corrective measures are required shall be met-- 7,i7 as soon as practicable at the relevant point of compliance1 as described in section #beh4dj7;d7 of title #dj1 ,code of ,federal ,regulations2 and 7,,ii7 not later than #h years after the date of enactment of this section4 7,c7 ,extension of deadline 7i7 ,in general ,except as provided in clause 7ii7 of this subparagraph1 the deadline for meeting a groundwater protection standard under subparagraph 7,a77ii7 or 7,b77ii7 may be extended by the implementing agency1 after opportunity for public notice and comment under the public participation process described in subsection 7b77#b77;,b77iii77,,iii71 or in subsection 7e77#f7 based on-- 7,i7 the effectiveness of any interim measures implemented by the owner or operator of the facility under section #beh4eh7;a77#c7 of title #dj1 ,code of ,federal ,regulations2 7,,ii7 the level of progress demonstrated in meeting the groundwater protection standard2 7,,iii7 the potential for other adverse human health or environmental exposures attributable to the contamination from the surface impoundment undergoing corrective action2 and 7,,iv7 the lack of available alternative management capacity for the coal combustion residuals and related materials managed in the impoundment at the facility at which the impoundment is located if the owner or operator has used best efforts1 as necessary1 to design1 obtain any necessary permits1 finance1 construct1 and render operational the alternative management capacity during the time period for meeting a groundwater protection standard in subparagraph 7,a77ii7 or 7,b77ii74 7ii7 ,exception ,the deadline under subparagraph 7,a77ii7 or 7,b77ii7 shall not be extended if there has been contamination of public or private drinking water systems attributable to a surface impoundment undergoing corrective action1 unless the contamination has been addressed by providing a permanent replacement water system4 7,d7 ,additional requirements 7i7 ,closure ,if the deadline under subparagraph 7,a77ii71 7,b77ii71 or 7,c7 is not satisfied1 the surface impoundment shall cease receiving coal combustion residuals and initiate closure under paragraph 7#e74 7ii7 ,interim measures 7,i7 ,in general ,except as provided in subclause 7,,ii71 not later than #ij days after the date on which the assessment of corrective measures is initiated1 the owner or operator of a surface impoundment described in subparagraph 7,a7 or 7,b7 shall implement interim measures1 as necessary1 under the factors in section #beh4eh7;a77#c7 of title #dj1 ,code of ,federal ,regulations4 7,,ii7 ,impoundments subject to state corrective action requirement as of the date of enactment ,subclause 7,i7 shall only apply to surface impoundments subject to a ,state corrective action requirement as of the date of enactment of this section if the owner or operator has not implemented interim measures1 as necessary1 under the factors in section #beh4eh7;a77#c7 of title #dj1 ,code of ,federal ,regulations4 7,e7 ,surface impoundments that require assessment of corrective measures more than #aj years after date of enactment 7i7 ,in general ,in addition to the groundwater monitoring and corrective action requirements described in paragraph 7#b77;,b71 the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause 7ii7 if the surface impoundment-- 7,i7 does not-- 7aa7 have a liner system described in section #beh4dj7;b7 of title #dj1 ,code of ,federal ,regulations2 and 7bb7 meet the design criteria described in section #beh4dj7;a77#a7 of title #dj1 ,code of ,federal ,regulations2 and 7,,ii7 more than #aj years after the date of enactment of this section1 is required under section #beh4ef7;a7 title #dj1 ,code of ,federal ,regulations1 to undergo an assessment of corrective measures for any constituent covered under subpart ,e of part #beh of title #dj1 ,code of ,federal ,regulations1 or otherwise identified in paragraph 7#b77;,b77ii7 of this subsection1 for which assessment groundwater monitoring is required4 7ii7 ,requirements 7,i7 ,closure ,the surface impoundments identified in clause 7i7 shall cease receiving coal combustion residuals and initiate closure in accordance with paragraph 7#e7 after alternative management capacity at the facility is available for the coal combustion residuals and related materials managed in the impoundment4 7,,ii7 ,best efforts ,the alternative management capacity shall be developed as soon as practicable with the owner or operator using best efforts to design1 obtain necessary permits for1 finance1 construct1 and render operational the alternative management capacity4 7,,iii7 ,alternative capacity management plan ,the owner or operator shall1 in collaboration with the implementing agency1 prepare a written plan that describes the steps necessary to develop the alternative management capacity and includes a schedule for completion4 7,,iv7 ,public participation ,the plan described in subclause 7,,iii7 shall be subject to public notice and comment under the public participation process described in subsection 7b77#b77;,b77iii77,,iii7 or in subsection 7e77#f71 as applicable4 7#e7 ,closure 7,a7 ,in general ,if it is determined by the implementing agency that a structure should close because the requirements of a coal combustion residuals permit program are not being satisfied with respect to such structure1 or if it is determined by the owner or operator that a structure should close1 the time period and method for the closure of such structure shall be set forth in a closure plan that establishes a deadline for completion of closure as soon as practicable and that takes into account the nature and the site-specific characteristics of the structure to be closed4 7,b7 ,surface impoundment ,in the case of a surface impoundment1 the closure plan under subparagraph 7,a7 shall require1 at a minimum1 the removal of liquid and the stabilization of remaining waste1 as necessary to support the final cover4 7d7 ,federal review of ,state permit programs 7#a7 ,in general ,the ,administrator shall provide to a ,state written notice and an opportunity to remedy deficiencies in accordance with paragraph 7#c7 if at any time the ,state-- 7,a7 does not satisfy the notification requirement under subsection 7b77#a72 7,b7 has not submitted a certification required under subsection 7b77#b72 7,c7 does not satisfy the maintenance requirement under subsection 7b77#c72 7,d7 is not implementing a coal combustion residuals permit program1 with respect to which the ,state has submitted a certification under subsection 7b77#b71 that meets the requirements described in subsection 7c72 7,e7 is not implementing a coal combustion residuals permit program1 with respect to which the ,state has submitted a certification under subsection 7b77#b7-- 7i7 that is consistent with such certification2 and 7ii7 for which the ,state continues to have in effect statutes or regulations necessary to implement such program2 or 7,f7 does not make available to the ,administrator1 within #ij days of a written request1 specific information necessary for the ,administrator to ascertain whether the ,state has satisfied the requirements described in subparagraphs 7,a7 through 7,e74 7#b7 ,request ,if a request described in paragraph 7#a77;,f7 is proposed pursuant to a petition to the ,administrator1 the ,administrator shall only make the request if the ,administrator does not possess the information necessary to ascertain whether the ,state has satisfied the requirements described in subparagraphs 7,a7 through 7,e7 of such paragraph4 7#c7 ,contents of notice2 deadline for response ,a notice provided under paragraph 7#a7 shall-- 7,a7 include findings of the ,administrator detailing any applicable deficiencies described in subparagraphs 7,a7 through 7,f7 of paragraph 7#a72 and 7,b7 identify1 in collaboration with the ,state1 a reasonable deadline by which the ,state shall remedy such applicable deficiencies1 which shall be-- 7i7 in the case of a deficiency described in subparagraphs 7,a7 through 7,e7 of paragraph 7#a71 not earlier than #ahj days after the date on which the ,state receives the notice2 and 7ii7 in the case of a deficiency described in paragraph 7#a77;,f71 not later than #ij days after the date on which the ,state receives the notice4 7#d7 ,criteria for determining deficiency of ,state permit program ,in making a determination whether a ,state has failed to satisfy the requirements described in subparagraphs 7,a7 through 7,e7 of paragraph 7#a71 or a determination under subsection 7e77#a77;,b71 the ,administrator shall consider1 as appropriate-- 7,a7 whether the ,state's statutes or regulations to implement a coal combustion residuals permit program are not sufficient to meet the requirements described in subsection 7c7 because of-- 7i7 failure of the ,state to promulgate or enact new statutes or regulations when necessary2 or 7ii7 action by a ,state legislature or court striking down or limiting such ,state statutes or regulations2 7,b7 whether the operation of the ,state coal combustion residuals permit program fails to comply with the requirements of subsection 7c7 because of-- 7i7 failure of the ,state to issue permits as required in subsection 7c77#a77;,e72 7ii7 repeated issuance of permits by the ,state which do not meet the requirements of subsection 7c72 7iii7 failure of the ,state to comply with the public participation requirements of this section2 or 7iv7 failure of the ,state to implement corrective action requirements as described in subsection 7c77#b77;,b72 and 7,c7 whether the enforcement of a ,state coal combustion residuals permit program fails to comply with the requirements of this section because of-- 7i7 failure to act on violations of permits1 as identified by the ,state2 or 7ii7 repeated failure by the ,state to inspect or otherwise determine compliance pursuant to the process identified in subsection 7b77#b77;,b77iii77,i74 7e7 ,implementation by ,administrator 7#a7 ,federal backstop authority ,the ,administrator shall implement a coal combustion residuals permit program for a ,state only if-- 7,a7 the ,governor of the ,state notifies the ,administrator under subsection 7b77#a7 that the ,state will not adopt and implement a permit program2 7,b7 the ,state has received a notice under subsection 7d7 and the ,administrator determines1 after providing a #cj-;day period for notice and public comment1 that the ,state has failed1 by the deadline identified in the notice under subsection 7d77#c77;,b71 to remedy the deficiencies detailed in the notice under subsection 7d77#c77;,a72 or 7,c7 the ,state informs the ,administrator1 in writing1 that such ,state will no longer implement such a permit program4 7#b7 ,review ,a ,state may obtain a review of a determination by the ,administrator under this subsection as if the determination was a final regulation for purposes of section #gjjf4 7#c7 ,other structures ,for structures that receive coal combustion residuals on or after the date of enactment of this section located on property within the exterior boundaries of a ,state that the ,state does not have authority or jurisdiction to regulate1 the ,administrator shall implement a coal combustion residuals permit program only for those structures4 7#d7 ,requirements ,if the ,administrator implements a coal combustion residuals permit program for a ,state under paragraph 7#a7 or 7#c71 the permit program shall consist of the requirements described in subsection 7c74 7#e7 ,enforcement 7,a7 ,in general ,if the ,administrator implements a coal combustion residuals permit program for a ,state under paragraph 7#a7-- 7i7 the authorities referred to in section #djje7;c77#b77;,a7 shall apply with respect to coal combustion residuals and structures for which the ,administrator is implementing the coal combustion residuals permit program2 and 7ii7 the ,administrator may use those authorities to inspect1 gather information1 and enforce the requirements of this section in the ,state4 7,b7 ,other structures ,if the ,administrator implements a coal combustion residuals permit program under paragraph 7#c7-- 7i7 the authorities referred to in section #djje7;c77#b77;,a7 shall apply with respect to coal combustion residuals and structures for which the ,administrator is implementing the coal combustion residuals permit program2 and 7ii7 the ,administrator may use those authorities to inspect1 gather information1 and enforce the requirements of this section for the structures for which the ,administrator is implementing the coal combustion residuals permit program4 7#f7 ,public participation process ,if the ,administrator implements a coal combustion residuals permit program for a ,state under this subsection1 the ,administrator shall provide a #cj-;day period for the public participation process required in paragraphs 7#a77;,f77i71 7#d77;,c77i71 and 7#d77;,e77ii77,,iv7 of subsection 7c74 7f7 ,state control after implementation by ,administrator 7#a7 ,state control 7,a7 ,new adoption1 or resumption of1 and implementation by ,state ,for a ,state for which the ,administrator is implementing a coal combustion residuals permit program under subsection 7e77#a77;,a71 or subsection 7e77#a77;,c71 the ,state may adopt and implement such a permit program by-- 7i7 notifying the ,administrator that the ,state will adopt and implement such a permit program2 7ii7 not later than #f months after the date of such notification1 submitting to the ,administrator a certification under subsection 7b77#b72 and 7iii7 receiving from the ,administrator-- 7,i7 a determination1 after providing a #cj-;day period for notice and public comment1 that the ,state coal combustion residuals permit program meets the requirements described in subsection 7c72 and 7,,ii7 a timeline for transition of control of the coal combustion residuals permit program4 7,b7 ,remedying deficient permit program ,for a ,state for which the ,administrator is implementing a coal combustion residuals permit program under subsection 7e77#a77;,b71 the ,state may adopt and implement such a permit program by-- 7i7 remedying only the deficiencies detailed in the notice pursuant to subsection 7d77#c77;,a72 and 7ii7 receiving from the ,administrator-- 7,i7 a determination1 after providing a #cj-;day period for notice and public comment1 that the deficiencies detailed in such notice have been remedied2 and 7,,ii7 a timeline for transition of control of the coal combustion residuals permit program4 7#b7 ,review of determination 7,a7 ,determination required ,the ,administrator shall make a determination under paragraph 7#a7 not later than #ij days after the date on which the ,state submits a certification under paragraph 7#a77;,a77ii71 or notifies the ,administrator that the deficiencies have been remedied pursuant to paragraph 7#a77;,b77i71 as applicable4 7,b7 ,review ,a ,state may obtain a review of a determination by the ,administrator under paragraph 7#a7 as if such determination was a final regulation for purposes of section #gjjf4 7#c7 ,implementation during transition 7,a7 ,effect on actions and orders ,program requirements of1 and actions taken or orders issued pursuant to1 a coal combustion residuals permit program shall remain in effect if-- 7i7 a ,state takes control of its coal combustion residuals permit program from the ,administrator under paragraph 7#a72 or 7ii7 the ,administrator takes control of a coal combustion residuals permit program from a ,state under subsection 7e74 7,b7 ,change in requirements ,subparagraph 7,a7 shall apply to such program requirements1 actions1 and orders until such time as-- 7i7 the implementing agency changes the requirements of the coal combustion residuals permit program with respect to the basis for the action or order2 or 7ii7 the ,state or the ,administrator1 whichever took the action or issued the order1 certifies the completion of a corrective action that is the subject of the action or order4 7#d7 ,single permit program ,if a ,state adopts and implements a coal combustion residuals permit program under this subsection1 the ,administrator shall cease to implement the permit program implemented under subsection 7e77#a7 for such ,state4 7g7 ,effect on determination under #djje7;c7 or #cjjf ,the ,administrator shall not consider the implementation of a coal combustion residuals permit program by the ,administrator under subsection 7e7 in making a determination of approval for a permit program or other system of prior approval and conditions under section #djje7;c7 or of authorization for a program under section #cjjf4 7h7 ,authority 7#a7 ,state authority ,nothing in this section shall preclude or deny any right of any ,state to adopt or enforce any regulation or requirement respecting coal combustion residuals that is more stringent or broader in scope than a regulation or requirement under this section4 7#b7 ,authority of the administrator 7,a7 ,in general ,except as provided in subsections 7d7 and 7e7 and section #fjje1 the ,administrator shall1 with respect to the regulation of coal combustion residuals1 defer to the ,states pursuant to this section4 7,b7 ,imminent hazard ,nothing in this section shall be construed as affecting the authority of the ,administrator under section #gjjc with respect to coal combustion residuals4 7,c7 ,enforcement assistance only upon request ,upon request from the head of a lead ,state agency that is implementing a coal combustion residuals permit program1 the ,administrator may provide to such ,state agency only the enforcement assistance requested4 7,d7 ,concurrent enforcement ,except as provided in subparagraph 7,c71 the ,administrator shall not have concurrent enforcement authority when a ,state is implementing a coal combustion residuals permit program1 including during any period of interim operation described in subsection 7c77#c77;,d74 7,e7 ,other authority ,the ,administrator shall not have authority to finalize the proposed rule published at pages #ceabh through #cebfd of volume #ge of the ,federal ,register 7,june #ba1 #bjaj74 7,f7 ,other response authority ,nothing in this section shall be construed as affecting the authority of the ,administrator under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 with respect to coal combustion residuals4 7#c7 ,citizen suits ,nothing in this section shall be construed to affect the authority of a person to commence a civil action in accordance with section #gjjb4 7i7 ,mine reclamation activities ,a coal combustion residuals permit program implemented by the ,administrator under subsection 7e7 shall not apply to the utilization1 placement1 and storage of coal combustion residuals at surface mining and reclamation operations4 7j7 ,definitions ,in this section3 7#a7 ,coal combustion residuals ,the term coal combustion residuals means-- 7,a7 the solid wastes listed in section #cjja7;b77#c77;,a77i71 including recoverable materials from such wastes2 7,b7 coal combustion wastes that are co-managed with wastes produced in conjunction with the combustion of coal1 provided that such wastes are not segregated and disposed of separately from the coal combustion wastes and comprise a relatively small proportion of the total wastes being disposed in the structure2 7,c7 fluidized bed combustion wastes2 7,d7 wastes from the co-burning of coal with non-hazardous secondary materials1 provided that coal makes up at least #ej percent of the total fuel burned2 and 7,e7 wastes from the co-burning of coal with materials described in subparagraph 7,a7 that are recovered from monofills4 7#b7 ,coal combustion residuals permit program ,the term coal combustion residuals permit program means all of the authorities1 activities1 and procedures that comprise the system of prior approval and conditions implemented by or for a ,state to regulate the management and disposal of coal combustion residuals4 7#c7 ,code of ,federal regulations ,the term ,code of ,federal ,regulations means the ,code of ,federal ,regulations 7as in effect on the date of enactment of this section7 or any successor regulations4 7#d7 ,implementing agency ,the term implementing agency means the agency responsible for implementing a coal combustion residuals permit program for a ,state1 which shall either be the lead ,state implementing agency identified under subsection 7b77#b77;,b77i7 or the ,administrator pursuant to subsection 7e74 7#e7 ,permit2 prior approval and conditions ,except as provided in subsections 7b77#c7 and 7g71 the terms permit and prior approval and conditions mean any authorization1 license1 or equivalent control document that incorporates the requirements of subsection 7c74 7#f7 ,revised criteria ,the term revised criteria means the criteria promulgated for municipal solid waste landfill units under section #djjd7;a7 and under section #ajjh7;a77#c71 as revised under section #djaj7;c74 7#g7 ,structure 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term structure means a landfill1 surface impoundment1 or other land-based unit which receives1 or is intended to receive1 coal combustion residuals4 7,b7 ,de minimis receipt ,the term structure does not include any land-based unit that receives only de minimis quantities of coal combustion residuals if the presence of coal combustion residuals is incidental to the material managed in the unit4 4 7b7 ,conforming amendment ,the table of contents contained in section #ajja of the ,solid ,waste ,disposal ,act is amended by inserting after the item relating to section #djaj the following3 ,sec4 #djaa4 ,management and disposal of coal combustion residuals4 4 #hjjc4 #bjjj regulatory determination ,nothing in this subtitle1 or the amendments made by this subtitle1 shall be construed to alter in any manner the ,environmental ,protection ,agency's regulatory determination entitled ,notice of ,regulatory ,determination on ,wastes ,from the ,combustion of ,fossil ,fuels1 published at #fe ,fed4 ,reg4 #cbbad 7,may #bb1 #bjjj71 that the fossil fuel combustion wastes addressed in that determination do not warrant regulation under subtitle ,c of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fiba et seq474 #hjjd4 ,technical assistance ,nothing in this subtitle1 or the amendments made by this subtitle1 shall be construed to affect the authority of a ,state to request1 or the ,administrator of the ,environmental ,protection ,agency to provide1 technical assistance under the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 #hjje4 ,federal ,power ,act ,nothing in this subtitle1 or the amendments made by this subtitle1 shall be construed to affect the obligations of an owner or operator of a structure 7as defined in section #djaa of the ,solid ,waste ,disposal ,act1 as added by this ,act7 under section #bae7;b77#a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7b77#a774 ,b ,surface ,mining ,stream ,buffer ,zone ,rule #hjaa4 ,short title ,this subtitle may be cited as the ,preventing ,government ,waste and ,protecting ,coal ,mining ,jobs in ,america4 #hjab4 ,incorporation of surface mining stream buffer zone rule into ,state programs 7a7 ,in general ,section #ejc of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abec7 is amended by adding at the end the following3 7e7 ,stream buffer zone management 7#a7 ,in general ,in addition to the requirements under subsection 7a71 each ,state program shall incorporate the necessary rule regarding excess spoil1 coal mine waste1 and buffers for perennial and intermittent streams published by the ,office of ,surface ,mining ,reclamation and ,enforcement on ,december #ab1 #bjjh 7#gc ,fed4 ,reg4 #gehac et seq474 7#b7 ,study of implementation ,the ,secretary shall-- 7,a7 at such time as the ,secretary determines all ,states referred to in subsection 7a7 have fully incorporated the necessary rule referred to in paragraph 7#a7 of this subsection into their ,state programs1 publish notice of such determination2 7,b7 during the #e-year period beginning on the date of such publication1 assess the effectiveness of implementation of such rule by such ,states2 and 7,c7 upon the conclusion of such period1 submit a comprehensive report on the impacts of such rule to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate1 including-- 7i7 an evaluation of the effectiveness of such rule2 7ii7 an evaluation of any ways in which the existing rule inhibits energy production2 and 7iii7 a description in detail of any proposed changes that should be made to the rule1 the justification for such changes1 all comments on such changes received by the ,secretary from such ,states1 and the projected costs and benefits of such changes4 7#c7 ,limitation on new regulations ,the ,secretary may not issue any regulations under this ,act relating to stream buffer zones or stream protection before the date of the publication of the report under paragraph 7#b71 other than a rule necessary to implement paragraph 7#a74 4 7b7 ,deadline for ,state implementation ,not later than #b years after the date of the enactment of this ,act1 a ,state with a ,state program approved under section #ejc of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abec7 shall submit to the ,secretary of the ,interior amendments to such program pursuant to part #gcb of title #cj1 ,code of ,federal ,regulations1 incorporating the necessary rule referred to in subsection 7e77#a7 of such section1 as amended by this section4 ,,xviii ,satisfying ,energy ,needs and ,saving the ,environment #ijja4 ,short title ,this ,act may be cited as the ,satisfying ,energy ,needs and ,saving the ,environment ,act of #bjad or the ,,sense ,act of #bjad4 #ijjb4 ,inapplicability of certain emission limits for electric utility steam generating units that convert coal refuse into energy 7a7 ,inapplicability of certain emission limits for certain ,e,g,us ,the emission limits for hydrogen chloride and sulfur dioxide in table #b to subpart ,,uuuuu of part #fc of title #dj1 ,code of ,federal ,regulations1 entitled ,emission ,limits for ,existing ,e,g,us1 shall not apply to an electric utility steam generating unit in the subcategory ,coal-fired unit not low rank virgin coal if such electric utility steam generating unit-- 7#a7 is in operation as of the date of enactment of this ,act2 7#b7 utilizes circulating fluidized bed technology to convert coal refuse into energy2 and 7#c7 7,a7 derives at least #ge percent of its heat input from coal refuse2 or 7,b7 is a qualifying facility4 7b7 ,definitions ,in this section3 7#a7 ,coal refuse ,the term coal refuse means any byproduct of coal mining1 physical coal cleaning1 or coal preparation operations1 that contains coal1 matrix material1 clay1 and other organic and inorganic material4 7#b7 ,qualifying cogeneration facility ,the term qualifying cogeneration facility has the meaning given such term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#c7 ,qualifying facility ,the term qualifying facility means-- 7,a7 a qualifying small power production facility2 or 7,b7 a qualifying cogeneration facility4 7#d7 ,qualifying small power production facility ,the term qualifying small power production facility has the meaning given such term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 ,,xix ,nuclear ,regulatory ,commission ,reorganization ,plan ,codification and ,complements #ajjja4 ,short title ,this title may be cited as the ,nuclear ,regulatory ,commission ,reorganization ,plan ,codification and ,complements ,act4 ,a ,replacement of ,reorganization ,plan #ajjaa4 ,general functions 7a7 ,functions ,those functions of the ,nuclear ,regulatory ,commission 7in this subtitle referred to as the ,commission7 concerned with-- 7#a7 policy formulation2 7#b7 rulemaking1 as defined in section #eec of title #e of the ,united ,states ,code1 except that those matters set forth in #eec 7a77#b7 and 7b7 which do not pertain to policy formulation orders or adjudications shall be reserved to the ,chairman of the ,commission2 7#c7 orders and adjudications1 as defined in section #eea 7#f7 and 7#g7 of title #e of the ,united ,states ,code2 and 7#d7 approving the distribution of appropriated funds according to programs and purposes proposed by the ,executive ,director for ,operations1 shall remain vested in the ,commission4 ,a majority of the ,commission may determine1 in an area of doubt1 whether any matter1 action1 question1 or area of inquiry pertains to one of these functions4 ,any member of the ,commission may request such a vote4 ,any member of the ,commission may propose a policy matter for consideration by the ,commission4 ,all members of the ,commission shall have full1 unfettered1 timely1 and equal access to information pertaining to its functions4 ,the performance of any portion of these functions may be delegated by the ,commission to a member of the ,commission1 including the ,chairman of the ,commission 7in this subtitle referred to as the ,chairman7 and to the staff4 7b7 ,officers and employees 7#a7 ,officers ,with respect to the following officers or successor officers duly established by statute or by the ,commission1 the ,chairman shall initiate the appointment1 subject to the approval of the ,commission1 and the ,chairman or a member of the ,commission may initiate an action for removal1 subject to the approval of the ,commission by majority vote3 7,a7 ,executive ,director for ,operations4 7,b7 ,chief and ,deputy ,chief ,financial ,officer4 7,c7 ,general ,counsel4 7,d7 ,director of the ,office of ,commission ,appellate ,adjudication4 7,e7 ,secretary of the ,commission4 7,f7 ,director of the ,office of ,public ,affairs4 7,g7 ,director of the ,office of ,congressional ,affairs4 7,h7 ,director of the ,office of ,international ,programs4 7,i7 ,chief ,administrative ,judge and members of the ,atomic ,safety and ,licensing ,board ,panel4 ,any performance evaluation or rating of the officers listed in subparagraphs 7,a7 through 7,i7 shall be determined by a majority vote of the members of the ,commission4 7#b7 ,replacement of officers 7,a7 ,in the event of a vacancy in a position described in paragraph 7#a71 the ,chairman may designate an acting officer for a maximum of #fj days1 after which any further extension must be approved by the ,commission4 ,if1 at the end of #fj days1 the ,commission has not approved the appointment of an officer proposed by the ,chairman1 or the ,chairman has not proposed one1 any ,commissioner may initiate the appointment subject to approval of the ,commission4 7,b7 ,with respect to the following officers or successor officers duly established by statute or by the ,commission1 the ,chairman1 after consultation with the ,executive ,director for ,operations1 shall initiate the appointment1 subject to the approval of the ,commission1 and the ,chairman1 or a member of the ,commission may initiate an action for removal1 subject to the approval of the ,commission by majority vote3 7i7 ,director of the ,office of ,nuclear ,reactor ,regulation4 7ii7 ,director of the ,office of ,nuclear ,material ,safety and ,safeguards4 7iii7 ,director of the ,office of ,nuclear ,regulatory ,research4 7iv7 ,director of the ,office of ,nuclear ,security and ,incident ,response4 7v7 ,director of the ,office of ,new ,reactors4 7vi7 ,director of the ,office of ,federal and ,state ,materials and ,environmental ,management ,programs4 7vii7 ,director of the ,office of ,investigations4 7viii7 ,director of the ,office of ,enforcement4 7#c7 ,appointment of ,advisory ,committee on ,reactor ,safeguards ,the ,chairman or a member of the ,commission shall initiate the appointment of the ,members of the ,advisory ,committee on ,reactor ,safeguards1 subject to the approval of the ,commission4 ,the provisions for appointment of the ,chairman of the ,advisory ,committee on ,reactor ,safeguards and the term of the members shall not be affected by the provisions of this subtitle4 7#d7 ,delegation of staff supervision functions ,the ,commission shall delegate the function of appointing1 removing1 and supervising the staff of the following offices or successor offices to the respective heads of such offices3 ,executive ,director for ,operations1 ,general ,counsel1 ,secretary of the ,commission1 ,chief ,financial ,officer1 ,office of ,commission ,appellate ,adjudication1 ,office of ,congressional ,affairs1 ,office of ,public ,affairs1 and ,office of ,international ,programs4 ,the ,commission shall delegate the functions of appointing1 removing1 and supervising the staff of the following panels and committee to the respective ,chairmen thereof3 ,atomic ,safety and ,licensing ,board ,panel and ,advisory ,committee on ,reactor ,safeguards4 7c7 ,commission member offices ,each member of the ,commission shall appoint1 remove1 and supervise the personnel employed in his or her immediate office4 7d7 ,performance of functions ,the ,commission shall act as provided by section #bja7;a77#a7 of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehda7;a77#a77 in the performance of its functions as described in subsections 7a7 and 7b7 of this section4 #ajjab4 ,chairman 7a7 ,functions ,except as otherwise provided in section #ajjaa1 all functions of the ,commission shall rest with the ,chairman4 ,the ,chairman shall be the official spokesman for the ,commission and1 as such1 shall represent the policies determined by a majority of the ,commission4 7b7 ,additional functions ,the ,chairman shall also be the principal executive officer of the ,commission1 and shall be responsible to the ,commission for assuring that the ,executive ,director for ,operations and the staff of the ,commission 7other than the officers and staff referred to in section #ajjaa7;b77#d7 and 7c77 are responsive to the requirements of the ,commission in the performance of its functions2 shall determine the use and expenditure of funds of the ,commission1 in accordance with the distribution of appropriated funds according to programs and purposes approved by the ,commission2 shall present to the ,commission for its consideration the proposals set forth in paragraph 7#c72 and shall be responsible for the following functions1 which the ,chairman shall delegate1 subject to the ,chairman's direction and supervision1 to the ,executive ,director for ,operations unless otherwise provided by this title3 7#a7 ,administrative functions of the ,commission4 7#b7 ,distribution of business among such personnel and among administrative units and offices of the ,commission4 7#c7 ,preparation of proposals for the reorganization of the major offices of the ,commission4 7#d7 ,appointing and removing1 without any further action by the ,commission1 all officers and employees under the ,commission other than those whose appointment and removal are specifically provided for by section #ajjaa7;b7 and 7c74 7c7 ,governing principles 7#a7 ,in general ,the ,chairman as principal executive officer and the ,executive ,director for ,operations shall be governed by the general policies of the ,commission and by such regulatory decisions1 findings1 and determinations1 including those for reorganization proposals1 budget revisions1 and distribution of appropriated funds1 as the ,commission may by law1 including this subtitle1 be authorized to make4 7#b7 ,full and current information ,the ,chairman and the ,executive ,director for ,operations shall have joint responsibility insuring that the ,commission is fully and currently informed about matters within its functions4 7#c7 ,failure to act in accordance ,if a majority of ,commissioners determine that the ,chairman has not acted in accordance with paragraph 7#a7 or 7#b71 such ,commissioners shall provide written notice of the determination to the ,president and provide copies thereof to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate4 #ajjac4 ,emergency authority 7a7 ,in general ,notwithstanding sections #ajjja and #ajjjb1 the ,chairman is authorized to exercise emergency authority described in paragraph 7#d71 subject to the following limitations3 7#a7 ,the ,chairman may not exercise emergency authority unless and until the ,chairman declares a specific emergency exists and1 not later than #bd hours after such declaration1 notifies-- 7,a7 the ,commission1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,environment and ,public ,works of the ,senate1 in writing2 and 7,b7 the public4 7#b7 ,the ,chairman may only exercise emergency authority in response to-- 7,a7 an imminent safety threat pertaining to a facility or materials licensed or regulated by the ,commission2 or 7,b7 a determination by the ,secretary of ,homeland ,security1 the ,secretary of ,energy1 the ,secretary of ,transportation1 the ,director of the ,federal ,bureau of ,investigation1 the ,director of the ,central ,intelligence ,agency1 or the ,director of ,national ,intelligence of an imminent security threat to a facility or materials licensed or regulated by the ,commission4 ,where authority is exercised pursuant to this section1 public notification may be delayed provided that the ,chairman determines that prior public disclosure would constitute a risk to public health and safety and so notifies the ,commission1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,environment and ,public ,works of the ,senate4 7#c7 ,the ,chairman may only exercise emergency authority for the duration of the emergency or #cj days1 whichever is less4 ,the ,commission may approve extensions of that time4 ,each extension is limited to #cj days and requires notification of the public1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,environment and ,public ,works of the ,senate4 7#d7 ,the ,chairman's emergency authority includes the functions of responding to1 issuing orders respecting1 advising ,united ,states civil authorities and the ,united ,states public about1 and directing and coordinating actions relative to such emergency incident4 7b7 ,delegation ,the ,chairman may delegate the authority to perform such emergency functions1 in whole or in part1 to any of the other members of the ,commission4 ,such authority may also be delegated or redelegated1 in whole or in part1 to the staff of the ,commission4 7c7 ,consultation ,to the extent practicable1 the ,chairman shall consult with the full ,commission on any regulatory or policy actions to be taken under an emergency4 ,such consultations shall be exempt from the requirements of section #eeb;b of title #e1 ,united ,states ,code 7commonly referred to as the ,government in the ,sunshine ,act74 7d7 ,guidelines and notice ,in acting under this section1 the ,chairman1 or other member of the ,commission delegated authority under subsection 7b71 shall conform to the policy guidelines of the ,commission4 7e7 ,termination of emergency ,upon termination of the emergency1 the ,chairman shall immediately notify the ,commission1 the public1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,environment and ,public ,works of the ,senate4 7f7 ,report ,within #cj days following the conclusion of the emergency1 the ,chairman1 or the member of the ,commission or member of the staff delegated the emergency functions under subsection 7b71 shall render a complete report of all actions taken during the emergency1 specifically delineating actions taken utilizing the authority provided in this section1 to the ,commission1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,environment and ,public ,works of the ,senate4 7g7 ,commission procedures ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall revise its procedures to comply with the requirements of this section4 ,such revision shall define the roles of the ,commissioners during an emergency1 specifying-- 7#a7 complete access to records and information relating to actions taken during the emergency2 7#b7 complete access to ,commission staff involved in the management of the emergency2 7#c7 complete access to the location or locations where decisions are made during the emergency2 and 7#d7 participation in decisions that may affect ,commission actions and policies beyond the response to a particular emergency to the extent practicable4 #ajjad4 ,reporting 7a7 ,delegation2 direct communication ,the ,chairman may make such delegations and provide for such reporting as the ,chairman deems necessary1 subject to provisions of law4 ,any officer or employee under the ,commission may communicate directly to the ,commission1 or to any member of the ,commission1 whenever in the view of such officer or employee a critical problem1 or matter of public health and safety or common defense and security1 is not being properly addressed4 7b7 ,executive ,director for ,operations ,the ,executive ,director for ,operations shall report for all matters to the ,chairman4 7c7 ,functions ,the ,directors of ,nuclear ,reactor ,regulations1 ,nuclear ,material ,safety and ,safeguards1 and ,nuclear ,regulatory ,research shall report to the ,executive ,director for ,operations4 7d7 ,direct reporting ,the heads of the ,commission level offices or successor offices1 of ,general ,counsel1 ,secretary of the ,commission1 ,commission ,appellate ,adjudication1 ,congressional ,affairs1 ,public ,affairs1 ,international ,programs1 ,atomic ,safety and ,licensing ,board ,panel1 and ,advisory ,committee on ,reactor ,safeguards shall report directly to the ,commission and the ,commission shall receive such reports4 #ajjae4 ,rescission of ,reorganization ,plan approval ,approval of ,reorganization ,plan ,no4 #a of #aihj 7#e ,u4,s4,c4 ,app4 #a7 is rescinded4 ,b ,miscellaneous #ajjba4 ,certification of documents transmitted to ,congress ,a letter or other document transmitted by the ,nuclear ,regulatory ,commission1 on behalf of the full ,commission1 to a member of ,congress in his or her capacity as chairman or ranking minority member of a ,committee of ,congress1 shall include a certification that the letter or document is being sent to both the ,chairman and ranking minority member of that ,committee in accordance with established ,commission procedures4 #ajjbb4 ,time limits for ,commission review of ,atomic ,safety and ,licensing ,board decisions ,when reviewing the decisions and actions of the ,atomic ,safety and ,licensing ,board1 the ,commission shall follow the following procedures3 7#a7 ,each ,commissioner shall vote on the matter not later than #ij days after receipt of final briefs1 after which time the ,commission shall not further delay a decision4 ,once a majority position is established1 the ,secretary shall notify in writing any ,commissioners who have not voted that a majority position has been established4 ,any ,commissioners who have not yet voted shall vote within three days of the ,secretary's notice or be considered by the ,secretary as not participating4 7#b7 ,not later than #cj days after a majority position is established1 the ,commission shall publish any resulting decision1 including adjudicatory orders and direction to agency staff4 ,if a majority position is not established due to a tied vote1 not later than #cj days after ,commission voting is complete1 the ,commission shall publish any resulting decision1 including adjudicatory orders and direction to agency staff4 #ajjbc4 ,allegations of wrongdoing 7a7 ,referral to inspector general ,not later than #ij days after the date of enactment of this ,act1 the ,nuclear ,regulatory ,commission shall revise its procedures to ensure that any allegation of wrongdoing on the part of the ,chairman of the ,commission is immediately referred to the ,inspector ,general of the ,commission4 7b7 ,supervision of inspector general ,during the pendency of any investigation by the ,inspector ,general of the ,chairman with respect to an allegation described in subsection 7a71 the ,chairman shall delegate responsibility for supervising the ,inspector ,general to a member of the ,commission other than the ,chairman1 consistent with the ,inspector ,general ,act of #aigh4 #ajjbd4 ,approval of ,commissioner travel ,the ,chairman of the ,nuclear ,regulatory ,commission shall authorize all international travel requested by other members of the ,commission for official business unless the ,chairman submits a notice of disapproval to the full ,commission specifying the basis for the disapproval4 ,the notice of disapproval shall be submitted within #e days after the travel is requested or the travel shall be deemed approved4 #ajjbe4 ,implementation ,except as otherwise specified in this title1 the ,commission shall revise its procedures to conform to this title within #ahj days of its date of enactment4 ,,xx ,permitting for onshore and offshore wind energy ,a ,offshore meteorological site testing and monitoring #aajja4 ,short title ,this subtitle may be cited at the ,advancing ,offshore ,wind ,production ,act4 #aajjb4 ,offshore meteorological site testing and monitoring projects 7a7 ,definition of an offshore meteorological site testing and monitoring project ,in this section1 the term offshore meteorological site testing and monitoring project means a project carried out on or in the waters of the ,outer ,continental ,shelf administered by the ,department of the ,interior to test or monitor weather 7including wind1 tidal1 current1 and solar energy7 using towers1 buoys1 or other temporary ocean infrastructure1 that-- 7#a7 causes-- 7,a7 less than #a acre of surface or seafloor disruption at the location of each meteorological tower or other device2 and 7,b7 not more than #e acres of surface or seafloor disruption within the proposed area affected by for the project 7including hazards to navigation72 7#b7 is decommissioned not more than #e years after the date of commencement of the project1 including-- 7,a7 removal of towers1 buoys1 or other temporary ocean infrastructure from the project site2 and 7,b7 restoration of the project site to approximately the original condition of the site2 and 7#c7 provides meteorological information obtained by the project to the ,secretary of the ,interior4 7b7 ,offshore meteorological project permitting 7#a7 ,in general ,the ,secretary of the ,interior shall by regulation require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the outer ,continental ,shelf 7as that term is defined in the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq477 must obtain a permit and right-of-way for the project in accordance with this subsection4 7#b7 ,permit and right-of-way timeline and conditions 7,a7 ,deadline for approval ,the ,secretary shall decide whether to issue a permit and right-of-way for an offshore meteorological site testing and monitoring project within #cj days after receiving an application4 7,b7 ,public comment and consultation ,during the period referred to in subparagraph 7,a71 the ,secretary shall-- 7i7 provide an opportunity for submission of comments by the public2 and 7ii7 consult with the ,secretary of ,defense1 the ,commandant of the ,coast ,guard1 and the heads of other ,federal1 ,state1 and local agencies that would be affected by issuance of the permit and right-of-way4 7,c7 ,denial of permit2 opportunity to remedy deficiencies ,if the application is denied1 the ,secretary shall provide the applicant-- 7i7 in writing1 clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies in the application2 and 7ii7 an opportunity to remedy such deficiencies4 7c7 ,,nepa exclusion ,section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 shall not apply with respect to an offshore meteorological site testing and monitoring project4 7d7 ,protection of information ,the information provided to the ,secretary of the ,interior pursuant to subsection 7a77#c7 shall be treated by the ,secretary as proprietary information and protected against disclosure4 ,b ,onshore meteorological site testing and monitoring #aajaa4 ,short title ,this subtitle may be cited at the ,reducing ,regulatory ,obstacles to ,wind ,energy ,production ,act4 #aajab4 ,onshore meteorological site testing and monitoring project 7a7 ,definition of meteorological site testing and monitoring project ,in this section1 the term meteorological site testing and monitoring project means a project carried out on land administered by the ,bureau of ,land ,management or the ,forest ,service to test or monitor weather 7including wind and solar energy7 using towers or other devices1 that-- 7#a7 causes-- 7,a7 less than #a acre of soil or vegetation disruption at the location of each meteorological tower or other device2 and 7,b7 not more than #e acres of soil or disruption within the proposed right-of-way for the project2 7#b7 is installed-- 7,a7 to the maximum extent practicable1 using existing access roads2 7,b7 in a manner that does not require off-road motorized access other than #a installation activity and #a decommissioning activity along an identified off-road route approved by the ,director of the ,bureau of ,land ,management or ,chief of the ,forest ,service2 7,c7 without construction of new roads other than upgrading of existing minor drainage crossings for safety purposes2 and 7,d7 without the use of digging or drilling equipment vehicles other than rubber-tired vehicles with gross weight ratings under #h1ejj pounds2 7#c7 is decommissioned not more than #e years after the date of commencement of the project1 including-- 7,a7 removal of any towers1 devices1 or other surface infrastructure from the site2 and 7,b7 restoration of the site to approximately the condition that existed at the time the project began2 and 7#d7 provides meteorological information obtained by the permitted project to the ,bureau of ,land ,management and the ,forest ,service4 7b7 ,,nepa exclusion ,section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 shall not apply with respect to a meteorological site testing and monitoring project4 7c7 ,permit timeline and conditions 7#a7 ,in general ,the ,director of the ,bureau of ,land ,management or ,chief of the ,forest ,service1 as applicable1 shall decide whether to issue a permit for a project that is a meteorological site testing and monitoring project within #cj days after receiving an application for the permit4 7#b7 ,public comment and consultation ,during the period referred to in paragraph 7#a71 the ,director of the ,bureau of ,land ,management or the ,chief of the ,forest ,service1 as applicable1 shall-- 7,a7 provide an opportunity for submission of comments by the public2 and 7,b7 consult with the heads of other ,federal1 ,state1 and local agencies that would be affected by the issuance of the permit4 7#c7 ,denial of ,application ,if the application is denied1 the ,director or ,chief1 respectively1 shall provide the applicant-- 7,a7 in writing1 clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies1 and 7,b7 an opportunity to remedy any deficiencies4 7d7 ,protection of information ,the information provided to the ,bureau of ,land ,management and the ,forest ,service pursuant to subsection 7a77#d7 shall be treated by such agency as proprietary information and protected against disclosure4 ,,xxi ,domestic ,prosperity and ,global ,freedom #abjja4 ,short title ,this title may be cited as the ,domestic ,prosperity and ,global ,freedom ,act4 #abjjb4 ,amendments ,section #c7;c7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7c77 is amended-- 7#a7 by inserting 7#a7 before ,for purposes2 7#b7 by striking a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas and inserting a ,world ,trade ,organization member nation2 and 7#c7 by adding at the end the following3 7#b7 ,for purposes of this subsection1 the term ,world ,trade ,organization member nation means a country described in section #b7aj7 of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceja7aj774 4 #abjjc4 ,pending applications ,any application for authorization to export natural gas under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 for which a notice has been published in the ,federal ,register before ,march #f1 #bjad1 shall be granted without modification or delay4 ,,iv ,access to ,capital ,,xxii ,small ,business ,access to ,capital #acjja4 ,registration and reporting exemptions relating to private equity funds advisors ,section #bjc of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#c7 is amended by adding at the end the following3 7o7 ,exemption of and reporting requirements by private equity funds advisors 7#a7 ,in general ,except as provided in this subsection1 no investment adviser shall be subject to the registration or reporting requirements of this title with respect to the provision of investment advice relating to a private equity fund or funds1 provided that each such fund has not borrowed and does not have outstanding a principal amount in excess of twice its invested capital commitments4 7#b7 ,maintenance of records and access by ,commission ,not later than #f months after the date of enactment of this subsection1 the ,commission shall issue final rules-- 7,a7 to require investment advisers described in paragraph 7#a7 to maintain such records and provide to the ,commission such annual or other reports as the ,commission taking into account fund size1 governance1 investment strategy1 risk1 and other factors1 as the ,commission determines necessary and appropriate in the public interest and for the protection of investors2 and 7,b7 to define the term private equity fund for purposes of this subsection4 4 ,,xxiii ,community ,lending ,enhancement and ,regulatory ,relief #adjja4 ,changes required to small bank holding company policy statement on assessment of financial and managerial factors 7a7 ,small bank holding company policy statement on assessment of financial and managerial factors 7#a7 ,in general ,before the end of the #f-month period beginning on the date of the enactment of this title1 the ,board of ,governors of the ,federal ,reserve ,system shall publish in the ,federal ,register proposed revisions to the ,small ,bank ,holding ,company ,policy ,statement on ,assessment of ,financial and ,managerial ,factors 7#ab ,c4,f4,r4 part #bbe--;appendix ,c7 that provide that the policy shall apply to a bank holding company which has pro forma consolidated assets of less than #e1jjj1jjj1jjj and that-- 7,a7 is not engaged in any nonbanking activities involving significant leverage2 and 7,b7 does not have a significant amount of outstanding debt that is held by the general public4 7#b7 ,adjustment of amount ,the ,board of ,governors of the ,federal ,reserve ,system shall annually adjust the dollar amount referred to in paragraph 7#a7 in the ,small ,bank ,holding ,company ,policy ,statement on ,assessment of ,financial and ,managerial ,factors by an amount equal to the percentage increase1 for the most recent year1 in total assets held by all insured depository institutions1 as determined by the ,board4 7b7 ,increase in debt-to-,equity ratio of small bank holding company ,before the end of the #f-month period beginning on the date of the enactment of this title1 the ,board of ,governors of the ,federal ,reserve ,system shall publish in the ,federal ,register proposed revisions to the ,small ,bank ,holding ,company ,policy ,statement on ,assessment of ,financial and ,managerial ,factors 7#ab ,c4,f4,r4 part #bbe--;appendix ,c7 such that the debt-to-equity ratio allowable for a small bank holding company in order to remain eligible to pay a corporate dividend and to remain eligible for expedited processing procedures under ,regulation ,y of the ,board of ,governors of the ,federal ,reserve ,system would increase from #a3a to #c3a4 #adjjb4 ,escrow requirements 7a7 ,in general ,section #abi;,d7c7 of the ,truth in ,lending ,act1 as added by section #adfa7;a7 of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act1 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 7#c71 and 7#d7 as subparagraphs 7,a71 7,b71 7,c71 and 7,d7 and moving such subparagraphs #b ems to the right2 7#b7 striking ,the ,board and inserting the following3 7#a7 ,in general ,the ,board 2 and 7#c7 by adding at the end the following new paragraph3 7#b7 ,treatment of loans held by smaller creditors ,the ,board shall1 by regulation1 exempt from the requirements of subsection 7a7 any loan secured by a first lien on a consumer's principle dwelling1 if such loan is held by a creditor with assets of #aj1jjj1jjj1jjj or less4 4 #adjjc4 ,exception to annual privacy notice requirement under the ,gramm-,leach-,bliley ,act ,section #ejc of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #fhjc7 is amended by adding at the end the following3 7f7 ,exception to annual notice requirement ,a financial institution that-- 7#a7 provides nonpublic personal information only in accordance with the provisions of subsection 7b77#b7 or 7e7 of section #ejb or regulations prescribed under section #ejd7;b71 and 7#b7 has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this subsection1 shall not be required to provide an annual disclosure under this subsection until such time as the financial institution fails to comply with any criteria described in paragraph 7#a7 or 7#b74 4 #adjjd4 ,accounting principles cost-benefit requirements ,section #ai7;b7 of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #ggs7b77 is amended by adding at the end the following3 7#c7 ,generally accepted accounting principles cost-benefit requirements ,the ,commission or its designee shall conduct analyses of the costs and benefits 7including economic benefits7 of any new or amended accounting principle described under paragraph 7#a71 and may not recognize such new or amended accounting principle1 unless the ,commission or its designee determines that the benefits to investors of such new or amended accounting principle significantly outweigh its costs4 4 #adjje4 ,community bank exemption from annual management assessment of internal controls requirement of the ,sarbanes-,oxley ,act of #bjjb ,section #djd of the ,sarbanes-,oxley ,act of #bjjb 7#ae ,u4,s4,c4 #gbfb7 is amended by adding the following new subsection3 7d7 ,community bank exemption 7#a7 ,in general ,this section shall not apply in any year to any insured depository institution which1 as of the close of the preceding year1 had total assets1 as determined on a consolidated basis1 of #aj1jjj1jjj1jjj or less4 7#b7 ,adjustment of amount ,the ,commission shall annually adjust the dollar amount in paragraph 7#a7 by an amount equal to the percentage increase1 for the most recent year1 in total assets held by all depository institutions1 as reported by the ,federal ,deposit ,insurance ,corporation4 4 #adjjf4 ,certain loans included as qualified mortgages ,section #abi;,c7b77#b7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afci;c7b77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7viii71 by striking and at the end2 7,b7 in clause 7ix71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7x7 that is originated and retained in portfolio for a period of at least #c years by a creditor having less than #aj1jjj1jjj1jjj in total assets4 2 and 7#b7 in subparagraph 7,e7-- 7,a7 by striking ,the ,board may1 by regulation and inserting ,the ,bureau shall1 by regulation2 and 7,b7 by amending clause 7iv7 to read as follows3 7iv7 that is extended by a creditor that-- 7,i7 originates and retains the balloon loans in portfolio for a period of at least #c years2 and 7,,ii7 together with all affiliates1 has total assets of #aj1jjj1jjj1jjj or less4 4 #adjjg4 ,increase in small servicer exemption ,section #f of the ,real ,estate ,settlement ,procedures ,act of #aigd 7#ab ,u4,s4,c4 #bfje7 is amended by adding at the end the following3 7n7 ,small servicer exemption ,the ,bureau shall1 by regulation1 provide exemptions to1 or adjustments for1 the provisions of this section for servicers that service #bj1jjj or fewer mortgage loans1 in order to reduce regulatory burdens while appropriately balancing consumer protections4 4 #adjjh4 ,appraiser qualification threshold ,section #aaab7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ccda7;b77 is amended-- 7#a7 by striking may establish a threshold level at or and inserting shall establish a threshold level of #bej1jjj12 and 7#b7 by striking transactions1 if and inserting transactions4 ,each ,federal financial institutions regulatory agency and the ,resolution ,trust ,corporation may establish a higher threshold than #bej1jjj1 if4 #adjji4 ,coordination among financial institutions ,chapter #ec of title #ca1 ,united ,states ,code1 is amended-- 7#a7 by inserting after section #eccb the following new section3 #eccc4 ,coordination among financial institutions 7a7 ,in general ,in the case of an entry received via an automated clearing house1 no receiving depository financial institution shall be required to verify that the entry is not a prohibited transaction1 if the originating depository financial institution has warranted1 pursuant to the automated clearing house rules governing such entry or otherwise1 that the originating depository financial institution has complied with the sanctions programs administered by the ,office of ,foreign ,assets ,control in connection with such entry4 7b7 ,definitions ,for purposes of this section3 7#a7 ,automated clearing house ,the term automated clearing house means a funds transfer system governed by rules which provide for the interbank clearing of electronic entries for participating depository financial institutions4 7#b7 ,depository financial institution ,the term depository financial institution means-- 7,a7 any insured depository institution1 as such term is defined under section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac72 7,b7 any depository institution which is eligible to apply to become an insured depository institution under section #e of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahae72 7,c7 any insured credit union1 as defined in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb72 and 7,d7 any credit union which is eligible to apply to become an insured credit union pursuant to section #bja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #agha74 7#c7 ,entry ,the term entry means an order to request for the transfer of funds through an automated clearing house4 7#d7 ,originating depository financial institution ,the term originating depository financial institution means a depository financial institution that transmits entries via an automated clearing house for transmittal to a receiving depository financial institution4 7#e7 ,prohibited transaction ,the term prohibited transaction means a funds transfer originated on behalf of a person to or from whom funds transfers are restricted by a sanctions program administered by the ,office of ,foreign ,assets ,control1 including persons appearing on the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control4 7#f7 ,receiving depository financial institution ,the term receiving depository financial institution means a depository financial institution that receives entries via an automated clearing house from an originating depository financial institution for debit or credit to the accounts of its customers4 2 and 7#b7 in the table of contents for such chapter by inserting after the item relating to section #eccb the following new item3 #eccc4 ,coordination among financial institutions4 4