2:15 PM EST

Doc Hastings, R-WA 4th

Mr. HASTINGS of Washington. Mr. Chairman, I move that the Committee do now rise. [Page: H7232]

The motion was agreed to.

Accordingly, the Committee rose; and the Speaker pro tempore (Mr. Lamborn) having assumed the chair, Mr. Hultgren, Acting Chair of the Committee of the Whole House on the state of the Union, reported that that Committee, having had under consideration the bill (H.R. 1965) to streamline and ensure onshore energy permitting, provide for onshore leasing certainty, and give certainty to oil shale development for American energy security, economic development, and job creation, and

for other purposes, had come to no resolution thereon.

END

2:16 PM EST

Doc Hastings, R-WA 4th

Mr. HASTINGS of Washington. Madam Chair, I yield myself such time as I may consume.

Madam Chair, with millions of Americans still looking for work, growing debts and deficits, and energy prices that are still far too high, the United States needs to implement an all-of-the-above energy plan to responsibly harness our Nation's energy resources on our Federal lands.

New energy production is one of the best ways to grow the economy and create new jobs to put people back to work. One needs to look no further for proof than to States like North Dakota that have flourishing economies and some of the lowest unemployment rates in the country, all due to energy production. Because of this energy boom, the U.S. is now projected to be the world leader in oil production by 2015, surpassing Saudi Arabia.

The catch is that this increased oil production is happening on private and State lands--which is good--places that aren't as restricted by onerous Federal regulations and policies. Federal lands are being left behind.

However, this lack of production on Federal lands is not for a lack of resources. We have tremendous potential for new onshore oil and natural gas production on Federal lands, but the Obama administration is actively and purposely keeping these resources off limits. Leasing and permitting delays, regulatory hurdles, and ever-changing rules are a few of the reasons energy production on Federal lands is in decline.

President Obama has had the four lowest years of Federal acres leased for energy production going back to 1988. Under his administration, the average time to get a drilling permit approved on Federal land is 307 days. By contrast, it takes an average of only 10 days in North Dakota to get a permit; and another example, in Colorado it only takes 27 days.

It is no wonder that State lands are flourishing while Federal lands are experiencing a decrease in energy production. That is unacceptable, and this bill today offers real solutions to unlock the shackles that have been placed on our Federal lands.

H.R. 1965, the Federal Lands Jobs and Energy Security Act, is a package of bills that will help us expand oil, natural gas, and renewable energy production on public lands. It will streamline government red tape, break down bureaucratic hurdles, and put in place a clear plan for developing our own energy resources. Even more importantly, this bill will spur job creation and help grow and strengthen our economy.

Madam Chair, I want to take a moment to specifically highlight the importance of the third title in this bill, the National Petroleum Reserve Alaska Access Act. The NPR-A was specifically designated in 1923 as a petroleum reserve. Let me repeat that: NPR-A was specifically designated in 1923--that is 90 years ago--as a petroleum reserve. Its express purpose was to supply our country with American energy. That was the foresight of Congress 90 years ago. That is why it is completely unacceptable

that the Obama administration this year finalized a plan to close half of NPR-A to energy production. Let me repeat: we set aside NPR-A 90 years ago for energy production, and this administration unilaterally shut off half of it. So this bill would nullify that plan and require the Interior Department to produce a new plan for responsibly developing these resources.

This bill would require annual lease sales in the NPR-A and ensure that necessary roads, bridges, and pipelines needed to support energy resources out of the NPR-A can be approved and completed in a timely, efficient manner. Now, Madam Chairman, this is crucial to the Trans-Alaskan Pipeline System, TAPS. It is crucial because that pipeline needs to remain fully operational.

Much focus has been given to the Keystone XL pipeline, and properly so; but we cannot forget that TAPS is one of the most important pieces of energy infrastructure in our Nation. Reduced production in Alaska has left TAPS at less than half of its capacity, threatening a shutdown that would cost jobs [Page: H7212]

and significantly weaken our energy security. We cannot allow that to happen, and developing our resources in the NPR-A is vital to ensuring that it doesn't.

I urge my colleagues to support this job-creating legislation and allow our Federal lands to be part of our Nation's energy equation.

We have seen the jobs that can be created through energy production. We have seen how it can grow local communities and create thriving economies. We have seen how lower energy prices are vital to putting more money in the pockets of American families. We know what is possible. It is just a matter of realizing that potential by allowing new energy production to occur on our Federal lands.

The majority of the provisions in this bill passed the House last Congress with bipartisan support. It is time for this Congress to once again move forward with this commonsense, job-creating energy plan.

Madam Chair, I reserve the balance of my time.

2:22 PM EST

Rush Holt, D-NJ 12th

Mr. HOLT. Madam Chair, I rise in opposition to this misguided, unnecessary, and environmentally harmful piece of legislation and yield myself such time as I may consume.

We all know that under President Obama the United States is in the middle of an almost unprecedented oil and gas boom. Last week, the Energy Information Administration said that for the first time in 20 years U.S. crude oil production surpassed imports. Also last week, the International Energy Agency projected that the U.S. would become the number one oil producer by 2015.

The headlines keep coming. On October 4, EIA reported:

U.S. expected to be the largest producer of petroleum and natural gas hydrocarbons in 2013.

On October 16, a headline read:

U.S. is already world's number one producer, consultants say.

Even the Republicans have to admit this energy boom is happening, but they say it has nothing to do with President Obama because they don't want to give him credit for anything. They say all of the increased production--all of it--is coming from State and private lands. President Obama, they believe, is choking off production on Federal lands, and that is why we need the giveaways to Big Oil. That is why we need these attempts in this legislation to stifle public comment. That is why we need

drill-at-all-cost measures.

But they are wrong. Flat-out wrong.

What has actually happened to oil production from our public and Indian lands out West since President Obama took office, you may ask? It has skyrocketed. Onshore oil production from Federal and Indian lands, just what we are talking about in this legislation, has gone up every year since the President has been in office. It is now 35 percent higher than it was under President Bush. Yet this legislation would not just reduce environmental productions. It would gut them; it would remove them.

So here is an even more interesting statistic. The nationwide increase in oil production since President Obama took office is 30 percent. The increase on Federal and Indian lands is even outpacing the increase nationwide, including private lands. I believe it is

simple enough that anyone should be able to understand this. Oil production for the entire country is up 30 percent. Oil production on Federal and Indian land is up 35 percent.

But the Republicans have this playbook that they just can't get away from, this shopworn 2008 drill, baby, drill playbook. And so they want to try to make things easier for Big Oil while trying to ensure that conservation and hunting and fishing and recreation and renewables, and everything else that these Federal lands might be used for, has to take a back seat to drilling.

The entire premise of this bill is that President Obama is shutting off access to Federal lands and driving oil production down. The premise is false. We are not here because we need this legislation to increase our domestic production of oil and gas, and it certainly has nothing to do with prices at the pump. We are not here because the bill will have any impact on the world price of oil or gasoline at the pump. We are not here because anyone thinks this bill has a chance of becoming law either.

We are here because we have a deeply divided Republican caucus, and one of the few things that unites this caucus is the belief that Big Oil should enjoy higher profits, and those profits should come from publicly owned land.

We are here because bills to convert our priceless national treasures into profits on Big Oil's balance sheets are about the only idea that our Republican colleagues can agree on among themselves.

I reserve the balance of my time.

2:27 PM EST

Don Young, R-AK

Mr. YOUNG of Alaska. Madam Chairman, it is amazing as I sit on this floor after 40 years of listening to so much nonsense from the other side when it comes to energy. This increase of production in the United States came from private lands and State lands, not the Federal lands, and those are the facts. And we are still not independent from oil from the Middle East that caused us disruption in our economy. To hear the same litany of words over and over again, we have to save, we can't produce,

but we have to have employment. We will have a stimulus package. And, in fact, we will have more government borrowing for the economy and forget real jobs.

But I am going to talk about title V in this legislation. The Federal Lands Jobs and Energy Security Act contains a number of measures to promote energy development by and for the benefit of Indians and Alaska Natives.

Specifically, title V contains a range of measures requested by a number of Indian tribes and Alaska Native corporations to streamline burdensome Federal regulations and legal procedures that hinder exploration, development, and production of energy on their lands.

There are 56 million acres of lands held in trust by the Federal Government for the benefit of Indians, 56 million. In Alaska, there are 44 million acres, a total land mass larger than the State of California.

Many of these areas are in untapped energy resources. It is estimated that up to 10 percent or more of our Nation's energy is contained in Native lands.

The problem is that outdated Federal policies thwart the ability of tribes to use their lands for their benefit. Leases of Indian trust lands require Federal review and approval, which arguably brings little or no value to the tribes involved. If Federal review and approval of energy leases created any economic value, then private landowners and State governments would be clamoring to have their projects reviewed and approved by the Federal Government, too.

There are few better measures of how ineffective Federal supervision of Indian affairs has been than the fact that since 2010 nearly $5 billion has been paid by the government to Indians to settle Federal mismanagement of their trust lands.

While many Indian tribes and Alaska Native corporations have made great strides in building businesses and strengthening their economies, tribal communities remain at the bottom of nearly every economic and social indicator. The sad fact is in 21st-century America, severe poverty wears a Native face.

[Time: 14:30]

Instead of helping tribes make positive strides in energy development, the Obama administration is erecting new hurdles. The EPA canceled a valid permit for the largest tribe to operate a large power plant on its land with its coal. The Department of the Interior has proposed a hydraulic fracturing rule which makes Indian lands less competitive and less attractive to industry, again, taking away from the American Indians.

Fortunately, several tribes are seeking to shed the current Federal system altogether and to take over management of their lands and energy resources. It is these tribes which asked for the provisions in title V of the bill today.

It is with great pleasure that the standalone bill on which title V is based, H.R. 1548, has been endorsed by the National Congress of American Indians and several individual tribes. [Page: H7213]

It is time to stop treating Indian trust lands as public lands--they are not public lands; they are private lands--and increase tribes' powers of self-governance over their energy resources for the good of their members and for the good of the United States' energy security.

The CHAIR. The time of the gentleman has expired.

2:30 PM EST

Don Young, R-AK

Mr. YOUNG of Alaska. Let's make the principle of tribal self-governance, which you talk about and never follow--you never give the Indians a break for anything. You pat them on the head, give them a blanket and half a beef, and expect them to be quiet. That is that side over there. You do not support the American Indians. You never have. You pat them on the head and give them a side of beef.

2:31 PM EST

Rush Holt, D-NJ 12th

Mr. HOLT. Madam Chair, I am pleased to yield 2 minutes to the gentleman from Michigan (Mr. Dingell), a lifelong stalwart supporter of the environment and of energy production.

(Mr. DINGELL asked and was given permission to revise and extend his remarks.)

2:31 PM EST

John D. Dingell Jr., D-MI 12th

Mr. DINGELL. Madam Chairman, I rise first to pay respects to the distinguished gentleman on the majority side handling the legislation to tell him that I have affection and respect for him, but he is handling a bad bill. I also want to thank my good friend for yielding me this time.

I have been to Alaska many times. I have hunted there. I have fished there. I have been to the NPR-A. I have been to all of the refuges in the national forests and national parks and the BLM lands up there. I have seen what a treasure it is. I have also supported, actively, the idea that this Nation must make it possible for us to easily produce energy, but not at the price of throwing away things like our basic fundamental environmental protection laws.

This legislation is not going to significantly increase production of oil. All it is going to do is throw away the things that are necessary to protect it against unwise use. This has been a battle that we have had in this body many times, where the majority will consistently seek to make it easier to drill for oil that either isn't there or isn't there in the amounts or that is not going to be produced by the oil companies, because we are finding that there is a lot of oil where there is authorization

for drilling where they just got the drilling permits and they sit there and look at the drilling permits. Oil is not produced.

Having said this, the Secretary in the last year or so has increased the ability of this Nation to continue producing more and more oil from the public lands. One of the problems with Alaska is the public lands are cold, they are intractable, they are harsh, and they are hard to produce oil from; so it is necessary that it takes longer for us to produce oil on those lands, and that is properly so. It is easy to produce it in the warmer, more gentle climates here in the United States. Given that

fact, we can expect that we will see more rapid increases in production here than we will see up there.

We have a tremendous national treasure in Alaska. It produces fish, wildlife, open spaces, salmon, all kinds of riches of renewable resources of all kinds.

The CHAIR. The time of the gentleman has expired.

2:34 PM EST

John D. Dingell Jr., D-MI 12th

Mr. DINGELL. I express my thanks to my dear friend.

Madam Chairwoman, we should not throw away those protections, nor should we open those lands up to being blasted, drilled, ditched, and dug without wise protection. After all, good conservation is wise conservation and wise use of the resources.

We are going to find, as time passes, the predictions of our Department of Energy and the Department of the Interior, that this oil is not present in NPR-A and in the arctic game range and is not there in the amounts that we would like, and there is no real reason for increasing that oil production, especially by permits that will not yield any additional production of oil to this Nation.

I urge my colleagues to reject the legislation. Let the administration continue its production of oil according to wise use and see to it that we protect the treasures that we have in Alaska against unwise use.

2:36 PM EST

Jared Polis, D-CO 2nd

Mr. POLIS. Mr. Chairman, I have an amendment at the desk.

The Acting CHAIR. The Clerk will designate the amendment.

The text of the amendment is as follows:

Add at the end the following:

TITLE __--MISCELLANEOUS PROVISIONS

SEC. X01. STUDY OF EFFECTS OF FLOODING ON OIL AND GAS FACILITIES.

The Secretary of the Interior shall enter into an arrangement with the National Academy of Sciences under which the Academy shall study and report to the Congress on the effect of flooding on oil and gas facilities, and the resulting instances of leaking and spills from tanks, wells, and pipelines.

The Acting CHAIR. Pursuant to House Resolution 419, the gentleman from Colorado (Mr. Polis) and a Member opposed each will control 5 minutes.

The Chair recognizes the gentleman from Colorado.

2:36 PM EST

Doug Lamborn, R-CO 5th

Mr. LAMBORN. Madam Chairman, I thank the chairman of the committee, Doc Hastings.

I rise in strong support of H.R. 1965, the Federal Lands Jobs and Energy Security Act, which incorporates four additional bills into my bill. This legislation takes significant steps toward moving our country forward on a path to energy independence by streamlining government regulations and reducing government red tape that hinders onshore energy production. It will create new American jobs, promote energy and economic development, and increase revenues to the State and Federal governments.

This legislation also sets firm timelines for Applications for Permit to Drill, or APD, approvals and dedicates funds from APD solar and wind right-of-way fees to the permitting field offices. It will require the Bureau of Land Management to lease at least 25 percent of the nominated acreage not previously made available for lease. It will inject certainty into the leasing process and terms to give energy developers the certainty they need to move forward with production.

It also requires the Secretary of the Interior to develop a 4-year plan for onshore energy development, similar to the 5-year plan they are required to develop for offshore development. It opens up the National Petroleum Reserve in Alaska for energy production and allows the BLM to conduct leasing through the Internet.

Since taking office, despite the claims to the contrary, President Obama has waged a war on energy development. Under the administration, a simple permit, which in my home State of Colorado on average takes 27 days to approve, takes nearly a year on Federal land. And only minuscule areas of land have been leased for energy development, despite significant interest in many more acres. In fact, the Obama administration has had the 4 lowest years of Federal acres leased for energy production going

back to 1988. The Obama administration has even taken the shocking and questionable step of

canceling leases that have been legally bought and paid for.

Energy companies are practically fleeing from developing energy on Federal lands in favor of the more reliable and efficient State and private permitting processes. Further, the Obama administration has made it harder for oil shale technology to develop so that companies are showing little interest in developing this promising technology.

While the President tries to take credit for increased energy production under his administration, the reality is that the vast majority of any increased production occurs on State and private land that the Federal Government has no jurisdiction over. In fact, since 2009, total Federal oil production is down 7.8 percent, and total natural gas production on Federal lands is down 21 percent.

My legislation would interject much-needed certainty into nearly every step of the onshore energy production process. It will ensure that permits are approved in a timely fashion, would prohibit the administration from changing lease terms or revoking leases after they have been legally won, would ensure that onshore leasing moves steadily forward, and will allow the Secretary to plan for this Nation's future energy needs.

Energy that is available and affordable creates more jobs for Americans here at home rather than overseas. It lowers the price of essential goods that American families buy every day, and it leaves more of the hard-earned money in the pockets of Americans after they pay their gas and utility bills. There is no reasonable objection to this bill.

I urge my colleagues to support this critical legislation to create new American jobs and establish an efficient process to produce both renewable and conventional energy on Federal lands. We can do this while meeting the extensive environmental standards that are already in place. [Page: H7214]

Madam Chairwoman, I urge support for this bill.

2:40 PM EST

Rush Holt, D-NJ 12th

Mr. HOLT. Madam Chair, let's summarize what is in this legislation.

H.R. 1965 is a compilation of a number of wishful bills, wishful legislation from the other side. It would shortcut environmental reviews, discourage public participation in energy development decisions, and eliminate thoughtful leasing reforms.

It would require that any public entity or individual that wanted to challenge a leasing decision post a $5,000 protest fee just to be able to access the process.

It would require that the Department of the Interior lease at least 25 percent each year of oil and gas nominated areas, whether or not they are suitable for drilling now.

And, Madam Chair, I get this. It would elevate oil and gas leasing decisions above all other uses of public lands, such as hunting, fishing, grazing, conservation, recreation, and other energy uses.

It would also require a plan to crisscross the National Petroleum Reserve in Alaska with roads and pipelines, a network that would be a bonanza for some contractor, I am sure, ignoring the management plan that was approved this year. Why? Not for a good reason. We don't need all these relaxations--``relaxation'' is too mild a word--the gutting of environmental review, the removal of public participation, because oil production is doing very well, thank you.

Let's deal with facts.

Federal onshore oil production, which is what this bill is about, has increased 35 percent. It is actually a faster growth rate than oil production overall in the United States. I am not sure why the other side refuses to acknowledge that. I would think they would want to take that as good news. If you look past their talking points at the actual data, you will see that Federal onshore oil production has increased every year since 2008. That doesn't include Indian lands, where production has

also increased every year since 2008. So the fundamental premise of this bill is flawed.

There are, right now, 37 million acres of Federal land under lease for oil and gas development, but two-thirds of that is not in production or exploration. Go figure. Let's go ask these companies why they are bidding on these lands. When you lease land, it is because you think it will be productive, yet they are sitting on them. We don't need to streamline. We don't need to remove any environmental controls in order to stimulate leasing, because 37 million acres of Federal land are under lease

now.

Furthermore, even if the other side was right about their flawed premise, even if it was a problem in production, onshore Federal oil is only 5 percent or 6 percent of total production. That is all it will be. So if there were a production problem, if it were not the case that we were producing more than we have produced--we are in better shape than we have been in decades--further drilling on Federal land would not be the answer.

[Time: 14:45]

So there is no reason for this bill. It sets back the use of these Federal lands to a free-for-all, unprotected state, and this is bad legislation.

Madam Chair, I reserve the balance of my time.

2:45 PM EST

Scott Tipton, R-CO 3rd

Mr. TIPTON. Thank you, Mr. Chairman, for yielding me time on this critical matter.

I appreciate that my Planning for American Energy Act was incorporated as title II of the Federal Lands Jobs and Energy Security Act of 2013. This final, commonsense package seeks to put in place responsible American energy plans that will reduce energy costs for consumers while also spurring economic growth and job opportunities.

The legislation before us today would unleash the potential for thousands of new jobs and establish a reliable, affordable, and secure source of American energy through responsible production. Title II of this act seeks to establish commonsense steps to create an all-of-the-above American energy plan for using Federal lands to meet America's energy needs.

Under title II of this legislation, the nonpartisan Energy Information Administration provides the projected energy needs of the United States for the next 30 years to the Secretaries of the Interior and Agriculture. The Secretaries would use this information to establish an environmentally responsible, 4-year energy production plan.

The bill allows for energy development on public lands in order to promote the energy and national security of the United States in accordance with multiple-use management standards established by the Federal Land Policy and Management Act.

Title II requires an all-of-the-above approach to energy development responsibly in this country. The bill specifically cites wind, solar, hydropower, geothermal, oil, gas, coal, oil shale, and minerals needed for energy development to be included in the plan. These goals would be accomplished responsibly, without repealing a single environmental regulation or review process.

Earlier this year, an important study entitled ``Energy Cost Impacts on American Families'' was released. This study, which relies on government data, had some troubling findings, including that more than 50 percent of U.S. households are expected to spend at least 20 percent of their family budgets on energy costs in 2013. This figure has nearly doubled in the last 10 years alone.

Even more troubling is the fact that these energy increases have disproportionately impacted families on lower incomes and seniors on fixed incomes. This stands to reason, given the decline in energy production on Federal lands under this administration.

Since President Obama took office, production on Federal lands has declined significantly, including a staggering 21 percent decline in Federal natural gas production.

Colorado, along with our neighboring Western States, is in a unique position to contribute to our Nation's energy security and ensure that the United States remains competitive in the world market.

By promoting a commonsense regulatory framework embracing domestic energy research and development, and applying environmental and safety standards already on the books rather than adding costly new mandates, we can help meet America's energy needs right here at home, providing energy and economic security that will benefit American families.

The Acting CHAIR. The time of the gentleman has expired.

2:49 PM EST

Steny Hoyer, D-MD 5th

Mr. HOYER. Madam Chair, I thank the gentleman from New Jersey for yielding.

Madam Chair, this bill, and the other two House bills we will consider this week, were put forward, in my opinion, to fill time. Yes, they are unifying issues on the Republican side of the aisle, Madam Chair, but they are not pressing. Even if they were good policy, they are not pressing.

We stand here without a budget. We stand here with 10 days left to go.

Madam Chair, it is now quarter of 3:00, and it was about 2:30, and our business is through for today. No budget, no unemployment insurance extension, no farm bill, no conference report even on the budget, no immigration bill, no ending discrimination, ENDA, bill--a raft of critically important issues that this House ought to be considering.

So this is somewhat the fiddle on which we are playing while Rome is burning.

We shut down the government for 16 days, for the first time in 17 years, a [Page: H7215]

conscious decision to shut down government, and 147 of my Republican colleagues, Madam Chair, voted to keep the government shut down and voted against paying our bills. Yet, we consider this legislation.

Now, I am against this legislation substantively, but even more egregious is the wasting of 4 of the 12 days we had available to address the issues I have just discussed. America is rightfully disgusted with the Congress of the United States. Me too.

Energy security remains an important issue. I agree with my colleagues on that. But these bills offer partisan solutions to energy production that are taking our time away from pressing matters, as I have explained, like the budget conference, unemployment insurance, comprehensive immigration reform, the farm bill, Medicare physician payment formula, and tax extenders.

We are all going to be wringing our hands just a few days from now saying, Of course we want to make sure there is a doc fix so that people with Medicare can make sure their doctors are paid appropriately so they will continue to serve them. We will say, Of course we want to do that.

Well, why did you waste a week?

We won't have an answer to that, unless the answer is, Well, we are really not going to address them; we would rather address these issues that bring our party together and make us look like we are doing the work that our base wants us to do.

Tomorrow's legislation seeks to block a proposed Bureau of Land Management regulation that is not even yet in effect and overreaches to cover all Interior Department lands.

The first of these bills sets an arbitrary deadline on leases, permits, and reviews that stand in the way of regulators doing their job to protect citizens and

affected communities.

I think citizens want to be protected. Yes, they want it done in an efficient, effective manner, but they want to be protected.

These bills were put forward in the name of achieving energy security, when, in truth, ironically, America is now more energy secure than it has been in decades.

The Acting CHAIR (Mr. Hultgren). The time of the gentleman has expired.

2:54 PM EST

Steny Hoyer, D-MD 5th

Mr. HOYER. We are more energy independent than we have been in decades. As a matter of fact, when I talk about the Make It In America agenda of making manufacturing jobs and making things here in this country, one of our assets is, we are the abundant energy supply in the world today. There are more oil rigs in America today than the rest of the world combined.

Yet, we are talking about energy security. We have it. Do we need to enhance it? Of course. Just days ago, the Energy Information Administration announced that we produced more crude oil last month, Madam Chair, than we imported for the first time in almost 20 years. Under President Obama, oil production is up, and we now have more rigs operating, as I said, than the rest of the world combined.

Domestic natural gas extraction has also grown to an all-time record, and energy companies already hold more than 20 million acres of public land onshore on which they have yet to produce oil or gas. That is 56 percent of leased public lands onshore. The gentleman from New Jersey (Mr. Holt) was speaking of that.

These bills distract and delay this body's critical attention to the issues of critical concern to all America, and, yes, indeed, to the rest of the world that wants to see and needs a responsible, fiscally secure America.

No budget, no budget conference, no farm bill, no immigration bill, no ENDA bill, all which passed the Senate in a bipartisan fashion. They are worthy of debate. That doesn't mean either side has to agree, but that is what we ought to be debating, ladies and gentlemen of this House, because they are the critical issues confronting us before the end of this year.

Yet, we waste our time, and frankly, we let ourselves off early because we don't have enough work to do.

I urge opposition to these three bills. I urge the majority party to bring the important pieces of legislation to the floor that America needs.

2:58 PM EST

Bill Johnson, R-OH 6th

Mr. JOHNSON of Ohio. Mr. Chairman, today I rise in support of the Federal Lands Jobs and Energy Security Act. This important legislation will help streamline onshore energy production and create jobs right here in America.

I want to thank the chairman for including legislation I have introduced, the BLM Live Internet Auctions Act, as a title in this legislation.

As we are all aware, oftentimes the Federal Government is behind the private sector when it comes to technological innovation. As a former chief information officer of a publicly traded company, I understand how much more efficient the Federal Government could become if we were able to provide some much-needed technological innovation.

[Time: 15:00]

The BLM Live Internet Auctions Act will allow the Federal Government to come into the 21st century and do what the private sector has already been doing for over a decade.

This legislation fixes an unintended consequence of a 26-year-old law that requires that BLM conduct auctions by oral bidding. Back in 1987, the Internet hadn't even been created by a certain former Vice President, and this bill simply gives the Bureau of Land Management the option to conduct auctions for their lease sales over the Internet. Traditional in-person auctions will still be held, but we can more effectively speed up sales, reduce fraud, and ensure the best return to Federal taxpayers

for oil and gas leases by conducting them securely online.

Most importantly, this legislation will ensure efficient and timely lease sales so that developers can more quickly begin producing homegrown energy for American consumers and create much-needed jobs for Americans.

We know that BLM has the capability to do this because back in 2009 BLM conducted a test run of the program, selling 28 land parcels via live Internet auctions. By all accounts, they were very successful. The pilot program resulted in 1,500 unique visitors from 46 States, increasing the number of bidders and the sale price when compared with traditional in-person auctions. Even the administration supports this legislation, and I am hopeful that the Senate will act on it quickly so that we can

bring the BLM process into the 21st century.

I urge all of my colleagues to support the underlying legislation.

3:01 PM EST

Peter A. DeFazio, D-OR 4th

Mr. DeFAZIO. I thank the gentleman.

Mr. Chairman, I was listening with interest to some of the statements made earlier in the debate about the administration deliberately restraining the oil and gas industry in this country. Actually, the facts belie those statements.

The Federal lands oil production is growing faster than that on private lands--plus 30, plus 35. Obviously, they start with a larger base, but still it is growing faster. So that hardly shows any deliberate attempts by the Obama administration to limit this production.

And, again, Republicans talk about that the President had not leased an adequate amount of land. But if you look, these little photos are of former President George Bush, and when the lines start to go up, these are from the current President, Barack Obama, and onshore oil production on Federal lands is up 35 percent.

So let's deal with what the real intent here is. The Obama administration has an all-of-the-above strategy. They are trying to produce these resources responsibly. The other side of the aisle would have us believe that environmental laws and other restrictions and an intentional campaign by the Obama administration are making us vulnerable to foreign influences. Actually, our imports were at the lowest level in recent history in the last year. We are producing more and more of our own oil and

are headed toward self-sufficiency. But we also have to deal with climate change, and we also have to deal with prices to consumers.

Now, with this legislation, we are actually celebrating Thanksgiving a week early. I would call the bill a turkey. But it is not just a turkey; it is leftovers from Turkey Day, because we have actually passed this legislation previously, and it went nowhere previously, as will this legislation here today.

But they want to pretend that this will somehow benefit consumers and that somehow there is a campaign by the Obama administration to restrain the supply. Nothing could be further from the truth. I will have an amendment later.

If we want to drive down prices at the pump tomorrow by 70 cents, it is pretty simple: just stop the speculation on Wall Street. But I will talk about that more later.

There are a number of provisions in this bill that are egregious. I don't have time to go into all of them, but there are a few things. As I mentioned earlier, basically do away with environmental protections, muzzle the public's voice in terms of them appealing decisions by the distant Federal Government to develop in their backyard or next door, you know, to elevate oil and gas drilling to the predominant use on any Federal public lands--yes, predominant use over and above hunting, fishing,

recreation. Anything else, oil and gas is predominant.

Now, the President also said, You know what? I think that we ought to go out and look at these parcels before we lease them. That is something they didn't do in the Bush era. We have 25-year-old land use plans at many of these agencies. They are understaffed. They are behind. They haven't revised their land use plans in a long time. A lot of things have happened in the last 25 years, and it might be that there is now a ski resort right next to an area that was previously available or was potentially

available for oil and gas leasing.

The Obama administration said we ought to go out and look to see how it can impact other activities that have come to the floor in the last 25 years. They are being criticized for that. Now, that does take a little bit of time, but they are saying, hey, some States are allowing private lands to go forward in 10 days. These aren't private lands. These are the lands of the people of the United States of America. I think a little more due diligence is in order. We don't want to mimic a State that

says, Oh, you want to drill there? Okay. Here you go. No one gets to say anything about it. It is your land. You go right ahead.

Then, this is amazing. This is kind of a fun math issue. They say that the industry can nominate land, which is the current law, but they are saying the government must lease 25 percent of whatever the industry chooses to nominate in a given year. So there are 130 million acres available for oil and gas leasing in the United States, predominantly in the West. So in the first year, the industry nominates 130 million acres. That means the Interior Department has to offer 32 million acres to lease.

Now, next year, well, we have only got 100 million left, so they would get 25 percent of that. That is 25 million acres.

As you can figure it out, we are sort of infinitely headed toward zero here. The gentleman from New Jersey (Mr. Holt) is a scientist. He can probably figure it out better. I don't know if we would ever get to zero. But it would be in ever and ever smaller increments that we were leasing here. And yet there are 25 million acres that the industry has under lease that they haven't yet developed, but they could get this astonishing increase.

The Acting CHAIR. The time of the gentleman has expired.

3:07 PM EST

Peter A. DeFazio, D-OR 4th

Mr. DeFAZIO. I was thinking of bringing a map of all the leasable land, but it would be difficult to produce. But you can get it in your imagination.

So let's deal with the real problems before us. If we are going to produce energy on Federal lands, make

sure there is no real conflict. Let's keep the multiple use concept. I think most members of the public support that, not give oil and gas a predominant use. Let's also keep in mind that we have to look at alternative energy development on Federal lands so that we can deal with climate change, which some of us believe in.

This warmed-over leftover turkey proposal will pass the House, of course, but that will be the last that anyone hears of it. Happy Thanksgiving.

3:08 PM EST

Cynthia Lummis, R-WY

Mrs. LUMMIS. Mr. Chair, I would like to put a couple things straight that have been said. We are not talking about all Federal lands in this bill. We are not talking about National Park Service lands. National parks and national monuments are excluded from this bill. We are not talking about wilderness. We are not talking about lands that have been recommended for wilderness status. Those are managed as de facto wilderness. We are not talking about wildlife refuges. We are not talking about Department

of Defense lands. We are not talking about Bureau of Reclamation lands. We are only talking about Bureau of Land Management lands that are managed for multiple use now. We are also talking about a Nation that desperately needs jobs.

Mr. Chair, I was in a country in the Arab world last weekend. They have 6.5 percent employment in the private sector. Everyone else is either unemployed or works for the government. Their neighbors prop up their economies to keep their problems from spilling over the borders into their countries. For a country that has been clamoring for jobs to smack down this bill as being irrelevant indicates to me that Congress has lost its way, that it doesn't understand that what the American people want

is to work. They want earned success. They want self-respect. They want jobs.

H.R. 1965 would streamline the leasing and permitting process to put our public land resources back to work for the people who own them, the American people, particularly those who live near these resources and know the importance of a quality environment.

I represent the whole State of Wyoming. I have lived there my entire life. Nobody cares more about the environment of Wyoming than I do--nobody. This is also good fiscal policy.

The Acting CHAIR. The time of the gentlewoman has expired.

3:08 PM EST

Cynthia Lummis, R-WY

Mrs. LUMMIS. Mr. Chair, I would like to put a couple things straight that have been said. We are not talking about all Federal lands in this bill. We are not talking about National Park Service lands. National parks and national monuments are excluded from this bill. We are not talking about wilderness. We are not talking about lands that have been recommended for wilderness status. Those are managed as de facto wilderness. We are not talking about wildlife refuges. We are not talking about Department

of Defense lands. We are not talking about Bureau of Reclamation lands. We are only talking about Bureau of Land Management lands that are managed for multiple use now. We are also talking about a Nation that desperately needs jobs.

Mr. Chair, I was in a country in the Arab world last weekend. They have 6.5 percent employment in the private sector. Everyone else is either unemployed or works for the government. Their neighbors prop up their economies to keep their problems from spilling over the borders into their countries. For a country that has been clamoring for jobs to smack down this bill as being irrelevant indicates to me that Congress has lost its way, that it doesn't understand that what the American people want

is to work. They want earned success. They want self-respect. They want jobs.

H.R. 1965 would streamline the leasing and permitting process to put our public land resources back to work for the people who own them, the American people, particularly those who live near these resources and know the importance of a quality environment.

I represent the whole State of Wyoming. I have lived there my entire life. Nobody cares more about the environment of Wyoming than I do--nobody. This is also good fiscal policy.

The Acting CHAIR. The time of the gentlewoman has expired.

3:10 PM EST

Cynthia Lummis, R-WY

Mrs. LUMMIS. Wyoming's payments to the U.S. Treasury for oil, gas, and coal royalties nearly pays for the entire BLM budget.

And I would point out that, contrary to what the gentleman said about the increase in production on Federal land, between the year 2000 and 2007, in Wyoming, the number of new leases issued [Page: H7217]

was 873, on average; during the Obama administration, it is 599. In my book, that is a decline of 31 percent.

Mr. Chairman, I want to thank Messrs. Hastings and Lamborn for making this bill possible. I urge the Members to support it.

3:13 PM EST

Rush Holt, D-NJ 12th

Mr. HOLT. Mr. Chair, I yield myself such time as I may consume.

I would like to address the talking points that have been parroted without thinking by speaker after speaker from the other side.

The fact is oil production on onshore public lands, the subject of this legislation, is up by 35 percent. It is not down. It is not flat. It is up. It is up even more than oil production in the country overall. So what is the problem here?

As for employment, it is worth pointing out that oil and natural gas industry employment has increased.

[Time: 15:15]

Clearly, there was a falloff with the recession--or let's call it a depression--but in the last half-dozen years, industry employment has increased by more than 162,000--a 40 percent increase. Oil and gas industry jobs decreased in 2009 as a result of the recession, but now the jobs are increasing at a rate even faster than before.

And I have to emphasize that in connection with this because this legislation says that oil and gas would take precedence over all other uses of Federal lands. Federal lands don't exist solely for the purpose of oil and gas extraction.

As I have said before, there is one thing that the Republicans seem to agree on, that we should give away whatever we can to the oil companies. That is why we are doing this legislation, because they don't have any other legislation that they can agree on well enough to bring to the floor. But multiple uses of our Federal lands, aside from oil and gas production, are important to Americans.

As for jobs, the government shutdown that the folks who are proposing this legislation voted for and supported caused the closure of over 400 units of our National Park Service and cost local economies hundreds of millions of dollars and caused delays in the approval of pending permits, by the way.

It is also worth pointing out that this week the Interior Department announced that, because of revenues from oil and gas extraction, the Department of the Interior was able to disburse $14.2 billion--a 17 percent increase over the previous year--to State, local, and tribal accounts. This money goes for the land and water conservation fund, the reclamation fund, historic preservation, and so forth.

So this is a bill to address a problem that doesn't exist--and to do it in a way that does not address the interests of the people at large. It is a giveaway to the oil and gas industry. I urge my colleagues to vote this down.

I yield back the balance of my time.

3:17 PM EST

Colleen Wakako Hanabusa, D-HI 1st

Ms. HANABUSA. Mr. Chairman, I yield back the balance of my time.

The Acting CHAIR. The question is on the amendment offered by the gentlewoman from Hawaii (Ms. Hanabusa).

The amendment was agreed to.

AMENDMENT NO. 6 OFFERED BY MR.

MARINO

The Acting CHAIR. It is now in order to consider amendment No. 6 printed in House Report 113-271.

3:17 PM EST

Doc Hastings, R-WA 4th

Mr. HASTINGS of Washington. I yield myself the balance of my time.

Mr. Chairman, just let me talk about what this bill is about. This bill is about attempting to open Federal lands to energy production.

All the talk has been on oil and gas. That is very important. But this is also for renewable by doing what? By saying that in the process of using Federal lands for energy production, those lands that have the potential for the most production should be the first leased. What a remarkable idea: go where the potential energy is. And that is what this bill does.

But let me respond to my good friend from New Jersey who talked about how much we are producing in this country and so forth. I would suggest that he left out a few important points.

First of all, it takes some length of time in order to get an active lease into production, and the gentleman didn't talk about that. Why? Because it generally takes 4 to 6 years. And sometimes it is 8 to 10 years.

But in the last administration--the Bush II administration--they were very active in letting leases. And as a result of that, at the time that this administration took over, there were a number of active leases that were ready to produce. That is why the production was high in the early part of this administration.

And just put it this way: again, we are talking about Federal lands that are being leased for production. When the President took office, roughly 1.9 million acres were leased for energy production. That was in 2009. In 2012, that figure dropped to 1.75 million acres that were open for production. That is, obviously, a reduction.

But another way to look at it is the application permits to drill, which is really where I guess it meets the road, so to speak. In 2001, there were a little over 2,000 permits that were issued; and in 2012, there were a little over 1,700 permits issued. That is a 15 percent drop. If you drop the permits, you are obviously going to have less production.

So I think that needed to be pointed out to kind of set the record straight.

As to my good friend, Mr. Dingell, who is not on the floor now, I want to talk about the National Petroleum Reserve in Alaska one more time.

Ninety years ago, that was set aside as a reserve. In all the years that Democrats controlled Congress, from the mid-fifties all the way to the nineties, nothing was ever done to change that policy until this administration decided, without any direction from Congress, to set aside one-half of that.

Why is that important?

I mentioned in my opening remarks that the Trans-Alaska Pipeline is a very important part of our pipeline system. There is no question that there is a movement in this country to try to dry up that pipeline by slow-walking oil exploration in Alaska, whether they are talking about offshore or onshore.

The NPR was designed to be a petroleum reserve. Why should we not build an infrastructure to utilize that?

It has been said, well, there's not that much oil there. Well, that will come out when leases are offered. Those that want to take advantage of this and think there is some production there will make the leases. The market will dictate that. But to unilaterally close it off doesn't make any sense. This bill corrects that. It makes NPR what it was supposed to be historically since 1923.

So those are just a couple of issues, Mr. Chairman, I wanted to touch on.

I urge my colleagues to support this legislation, and I yield back the balance of my time.

The Acting CHAIR. All time for general debate has expired. [Page: H7218]

Pursuant to the rule, the bill shall be considered for amendment under the 5-minute rule.

In lieu of the amendment in the nature of a substitute recommended by the Committee on Natural Resources, printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113-26 is adopted. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the 5-minute rule and shall be considered as read.

The text of the bill, as amended, is as follows:

H.R. 1965

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Federal Lands Jobs and Energy Security Act of 2013''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec..1..Short title.

Sec..2..Table of contents.

TITLE I--FEDERAL LANDS JOBS AND ENERGY SECURITY

Sec..1001..Short title.

Sec..1002..Policies regarding buying, building, and working for America.

Subtitle A--Onshore Oil and Gas Permit Streamlining

Sec..1101..Short title.

Chapter 1--Application for Permits to Drill Process Reform

Sec..1111..Permit to drill application timeline.

Sec..1112..Solar and wind right-of-way rental reform.

Chapter 2--Administrative Protest Documentation Reform

Sec..1121..Administrative protest documentation reform.

Chapter 3--Permit Streamlining

Sec..1131..Improve Federal energy permit coordination.

Sec..1132..Administration of current law.

Chapter 4--Judicial Review

Sec..1141..Definitions.

Sec..1142..Exclusive venue for certain civil actions relating to covered energy projects.

Sec..1143..Timely filing.

Sec..1144..Expedition in hearing and determining the action.

Sec..1145..Standard of review.

Sec..1146..Limitation on injunction and prospective relief.

Sec..1147..Limitation on attorneys' fees.

Sec..1148..Legal standing.

Chapter 5--Knowing America's Oil and Gas Resources

Sec..1151..Funding oil and gas resource assessments.

Subtitle B--Oil and Gas Leasing Certainty

Sec..1201..Short title.

Sec..1202..Minimum acreage requirement for onshore lease sales.

Sec..1203..Leasing certainty.

Sec..1204..Leasing consistency.

Sec..1205..Reduce redundant policies.

Sec..1206..Streamlined congressional notification.

Subtitle C--Oil Shale

Sec..1301..Short title.

Sec..1302..Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision.

Sec..1303..Oil shale leasing.

Subtitle D--Miscellaneous Provisions

Sec..1401..Rule of construction.

TITLE II--PLANNING FOR AMERICAN ENERGY

Sec..2001..Short title.

Sec..2002..Onshore domestic energy production strategic plan.

TITLE III--NATIONAL PETROLEUM RESERVE IN ALASKA ACCESS

Sec..3001..Short title.

Sec..3002..Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska.

Sec..3003..National Petroleum Reserve in Alaska: lease sales.

Sec..3004..National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction.

Sec..3005..Issuance of a new integrated activity plan and environmental impact statement.

Sec..3006..Departmental accountability for development.

Sec..3007..Deadlines under new proposed integrated activity plan.

Sec..3008..Updated resource assessment.

TITLE IV--BLM LIVE INTERNET AUCTIONS

Sec..4001..Short title.

Sec..4002..Internet-based onshore oil and gas lease sales.

TITLE V--NATIVE AMERICAN ENERGY

Sec..5001..Short title.

Sec..5002..Appraisals.

Sec..5003..Standardization.

Sec..5004..Environmental reviews of major Federal actions on Indian lands.

Sec..5005..Judicial review.

Sec..5006..Tribal biomass demonstration project.

Sec..5007..Tribal resource management plans.

Sec..5008..Leases of restricted lands for the Navajo Nation.

Sec..5009..Nonapplicability of certain rules.

TITLE I--FEDERAL LANDS JOBS AND ENERGY SECURITY

SEC. 1001. SHORT TITLE.

This title may be cited as the ``Federal Lands Jobs and Energy Security Act''.

SEC. 1002. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.

(a) Congressional Intent.--It is the intent of the Congress that--

(1) this title will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources;

(2) to ensure a robust onshore energy production industry and ensure that the benefits of development support local communities, under this title, the Secretary shall make every effort to promote the development of onshore American energy, and shall take into consideration the socioeconomic impacts, infrastructure requirements, and fiscal stability for local communities located within areas containing onshore energy resources; and

(3) the Congress will monitor the deployment of personnel and material onshore to encourage the development of American manufacturing to enable United States workers to benefit from this title through good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources.

(b) Requirement.--The Secretary of the Interior shall when possible, and practicable, encourage the use of United States workers and equipment manufactured in the United States in all construction related to mineral resource development under this title.

Subtitle A--Onshore Oil and Gas Permit Streamlining

SEC. 1101. SHORT TITLE.

This subtitle may be cited as the ``Streamlining Permitting of American Energy Act of 2013''.

CHAPTER 1--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM

SEC. 1111. PERMIT TO DRILL APPLICATION TIMELINE.

Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)) is amended to read as follows:

``(2) APPLICATIONS FOR PERMITS TO DRILL REFORM AND PROCESS.--

``(A) TIMELINE.--The Secretary shall decide whether to issue a permit to drill within 30 days after receiving an application for the permit. The Secretary may extend such period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. The notice shall be in the form of a letter from the Secretary or a designee of the Secretary, and shall include the names and titles of the persons processing the application, the specific reasons for

the delay, and a specific date a final decision on the application is expected.

``(B) NOTICE OF REASONS FOR DENIAL.--If the application is denied, the Secretary shall provide the applicant--

``(i) in writing, clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and

``(ii) an opportunity to remedy any deficiencies.

``(C) APPLICATION DEEMED APPROVED.--If the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application is deemed approved, except in cases in which existing reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are incomplete.

``(D) DENIAL OF PERMIT.--If the Secretary decides not to issue a permit to drill in accordance with subparagraph (A), the Secretary shall--

``(i) provide to the applicant a description of the reasons for the denial of the permit;

``(ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and

``(iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary.

``(E) FEE.--

``(i) IN GENERAL.--Notwithstanding any other law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). This fee shall not apply to any resubmitted application.

``(ii) TREATMENT OF PERMIT PROCESSING FEE.--Of all fees collected under this paragraph, 50 percent shall be transferred to the field office where they are collected and used to process protests, leases, and permits under this Act subject to appropriation.''.

SEC. 1112. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.

(a) In General.--Subject to subsection (b), and notwithstanding any other provision of law, of fees collected each fiscal year as annual wind energy and solar energy right-of-way authorization fees required under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g))--

(1) no less than 25 percent shall be available, subject to appropriation, for use for solar and wind permitting and management activities by Department of the Interior field offices responsible for the land where the fees were collected;

(2) no less than 25 percent shall be available, subject to appropriation, for Bureau of Land [Page: H7219]

Management solar and wind permit approval activities; and

(3) no less than 25 percent shall be available, subject to appropriation, to the Secretary of the Interior for department-wide solar and wind permitting activities.

(b) Limitation.--The amount used under subsection (a) each fiscal year shall not exceed $10,000,000.

CHAPTER 2--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM

SEC. 1121. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.

Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is further amended by adding at the end the following:

``(4) PROTEST FEE.--

``(A) IN GENERAL.--The Secretary shall collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill.

``(B) TREATMENT OF FEES.--Of all fees collected under this paragraph, 50 percent shall remain in the field office where they are collected and used to process protests subject to appropriation.''.

CHAPTER 3--PERMIT STREAMLINING

SEC. 1131. IMPROVE FEDERAL ENERGY PERMIT COORDINATION.

(a) Establishment.--The Secretary of the Interior (referred to in this section as the ``Secretary'') shall establish a Federal Permit Streamlining Project (referred to in this section as the ``Project'') in every Bureau of Land Management field office with responsibility for permitting energy projects on Federal land.

(b) Memorandum of Understanding.--

(1) IN GENERAL.--Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section with--

(A) the Secretary of Agriculture;

(B) the Administrator of the Environmental Protection Agency; and

(C) the Chief of the Army Corps of Engineers.

(2) STATE PARTICIPATION.--The Secretary may request that the Governor of any State with energy projects on Federal lands to be a signatory to the memorandum of understanding.

(c) Designation of Qualified Staff.--

(1) IN GENERAL.--Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), all Federal signatory parties shall, if appropriate, assign to each of the Bureau of Land Management field offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in--

(A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536);

(B) permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344);

(C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.);

(D) planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); and

(E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2) DUTIES.--Each employee assigned under paragraph (1) shall--

(A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned;

(B) be responsible for all issues relating to the energy projects that arise under the authorities of the employee's home agency; and

(C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal lands.

(d) Additional Personnel.--The Secretary shall assign to each Bureau of Land Management field office identified in subsection (a) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976

(43 U.S.C. 1701 et seq.).

(e) Funding.--Funding for the additional personnel shall come from the Department of the Interior reforms identified in sections 1111, 1112, and 1121.

(f) Savings Provision.--Nothing in this section affects--

(1) the operation of any Federal or State law; or

(2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Project.

(g) Definition.--For purposes of this section the term ``energy projects'' includes oil, natural gas, coal, and other energy projects as defined by the Secretary.

SEC. 1132. ADMINISTRATION OF CURRENT LAW.

Notwithstanding any other law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942).

CHAPTER 4--JUDICIAL REVIEW

SEC. 1141. DEFINITIONS.

In this chapter--

(1) the term ``covered civil action'' means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal lands of the United States; and

(2) the term ``covered energy project'' means the leasing of Federal lands of the United States for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy, and any action under such a lease, except that the term does not include any disputes between the parties to a lease regarding the obligations under such lease, including regarding any alleged breach of the lease.

SEC. 1142. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED ENERGY PROJECTS.

Venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed.

SEC. 1143. TIMELY FILING.

To ensure timely redress by the courts, a covered civil action must be filed no later than the end of the 90-day period beginning on the date of the final Federal agency action to which it relates.

SEC. 1144. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

The court shall endeavor to hear and determine any covered civil action as expeditiously as possible.

SEC. 1145. STANDARD OF REVIEW.

In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct, and the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record.

SEC. 1146. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.

In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. In addition, courts shall limit the duration of preliminary injunctions to halt covered energy projects to no more than 60 days, unless the court finds clear reasons to extend the injunction. In such

cases of extensions, such extensions shall only be in 30-day increments and shall require action by the court to renew the injunction.

SEC. 1147. LIMITATION ON ATTORNEYS' FEES.

Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code, (together commonly called the Equal Access to Justice Act) do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys' fees, expenses, and other court costs.

SEC. 1148. LEGAL STANDING.

Challengers filing appeals with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as challengers before a United States district court.

CHAPTER 5--KNOWING AMERICA'S OIL AND GAS RESOURCES

SEC. 1151. FUNDING OIL AND GAS RESOURCE ASSESSMENTS.

(a) In General.--The Secretary of the Interior shall provide matching funding for joint projects with States to conduct oil and gas resource assessments on Federal lands with significant oil and gas potential.

(b) Cost Sharing.--The Federal share of the cost of activities under this section shall not exceed 50 percent.

(c) Resource Assessment.--Any resource assessment under this section shall be conducted by a State, in consultation with the United States Geological Survey.

(d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section a total of $50,000,000 for fiscal years 2014 through 2017.

Subtitle B--Oil and Gas Leasing Certainty

SEC. 1201. SHORT TITLE.

This subtitle may be cited as the ``Providing Leasing Certainty for American Energy Act of 2013''.

SEC. 1202. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES.

In conducting lease sales as required by section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)), each year the Secretary of the Interior shall perform the following:

(1) The Secretary shall offer for sale no less than 25 percent of the annual nominated acreage not previously made available for lease. Acreage offered for lease pursuant to this paragraph shall not be subject to protest and shall be eligible for categorical exclusions under section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942), except that it shall not be subject to the test of extraordinary circumstances.

(2) In administering this section, the Secretary shall only consider leasing of Federal lands that are available for leasing at the time the lease sale occurs.

SEC. 1203. LEASING CERTAINTY.

Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) is amended by inserting ``(1)'' before ``All lands'', and by adding at the end the following:

``(2)(A) The Secretary shall not withdraw any covered energy project issued under this Act without finding a violation of the terms of the lease by the lessee.

``(B) The Secretary shall not infringe upon lease rights under leases issued under this Act by indefinitely delaying issuance of project approvals, drilling and seismic permits, and rights of way for activities under such a lease.

``(C) No later than 18 months after an area is designated as open under the current land use plan the Secretary shall make available nominated areas for lease under the criteria in section 2.

``(D) Notwithstanding any other law, the Secretary shall issue all leases sold no later than 60 days after the last payment is made.

``(E) The Secretary shall not cancel or withdraw any lease parcel after a competitive lease [Page: H7220]

sale has occurred and a winning bidder has submitted the last payment for the parcel.

``(F) Not later than 60 days after a lease sale held under this Act, the Secretary shall adjudicate any lease protests filed following a lease sale. If after 60 days any protest is left unsettled, said protest is automatically denied and appeal rights of the protestor begin.

``(G) No additional lease stipulations may be added after the parcel is sold without consultation and agreement of the lessee, unless the Secretary deems such stipulations as emergency actions to conserve the resources of the United States.''.

SEC. 1204. LEASING CONSISTENCY.

Federal land managers must follow existing resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised, until such time as a new record of decision is signed.

SEC. 1205. REDUCE REDUNDANT POLICIES.

Bureau of Land Management Instruction Memorandum 2010-117 shall have no force or effect.

SEC. 1206. STREAMLINED CONGRESSIONAL NOTIFICATION.

Section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)) is amended in the matter following paragraph (4) by striking ``at least thirty days in advance of the reinstatement'' and inserting ``in an annual report''.

Subtitle C--Oil Shale

SEC. 1301. SHORT TITLE.

This subtitle may be cited as the ``Protecting Investment in Oil Shale the Next Generation of Environmental, Energy, and Resource Security Act'' or the ``PIONEERS Act''.

SEC. 1302. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISION.

(a) Regulations.--Notwithstanding any other law or regulation to the contrary, the final regulations regarding oil shale management published by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69,414) are deemed to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.), and the Secretary of the Interior shall implement those regulations, including the oil shale leasing program authorized by the regulations, without any other administrative action necessary.

(b) Amendments to Resource Management Plans and Record of Decision.--Notwithstanding any other law or regulation to the contrary, the November 17, 2008 U.S. Bureau of Land Management Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and Final Programmatic Environmental Impact Statement are deemed to satisfy all legal and procedural requirements under any law, including

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Secretary of the Interior shall implement

the oil shale leasing program authorized by the regulations referred to in subsection (a) in those areas covered by the resource management plans amended by such amendments, and covered by such record of decision, without any other administrative action necessary.

SEC. 1303. OIL SHALE LEASING.

(a) Additional Research and Development Lease Sales.--The Secretary of the Interior shall hold a lease sale within 180 days after the date of enactment of this Act offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 10).

(b) Commercial Lease Sales.--No later than January 1, 2016, the Secretary of the Interior shall hold no less than 5 separate commercial lease sales in areas considered to have the most potential for oil shale development, as determined by the Secretary, in areas nominated through public comment. Each lease sale shall be for an area of not less than 25,000 acres, and in multiple lease blocs.

Subtitle D--Miscellaneous Provisions

SEC. 1401. RULE OF CONSTRUCTION.

Nothing in this title shall be construed to authorize the issuance of a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) to any person designated for the imposition of sanctions pursuant to--

(1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note), the Comprehensive Iran Sanctions, Accountability and Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.), section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or the Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.);

(2) Executive Order 13622 (July 30, 2012), Executive Order 13628 (October 9, 2012), or Executive Order 13645 (June 3, 2013);

(3) Executive Order 13224 (September 23, 2001) or Executive Order 13338 (May 11, 2004); or

(4) the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (22 U.S.C. 2151 note).

TITLE II--PLANNING FOR AMERICAN ENERGY

SEC. 2001. SHORT TITLE.

This title may be cited as the ``Planning for American Energy Act of 2013''.

SEC. 2002. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.

(a) In General.--The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following:

``SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION STRATEGY.

``(a) In General.--

``(1) The Secretary of the Interior (hereafter in this section referred to as `Secretary'), in consultation with the Secretary of Agriculture with regard to lands administered by the Forest Service, shall develop and publish every 4 years a Quadrennial Federal Onshore Energy Production Strategy. This Strategy shall direct Federal land energy development and department resource allocation in order to promote the energy and national security of the United States in accordance with Bureau of Land

Management's mission of promoting the multiple use of Federal lands as set forth in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

``(2) In developing this Strategy, the Secretary shall consult with the Administrator of the Energy Information Administration on the projected energy demands of the United States for the next 30-year period, and how energy derived from Federal onshore lands can put the United States on a trajectory to meet that demand during the next 4-year period. The Secretary shall consider how Federal lands will contribute to ensuring national energy security, with a goal for increasing energy independence

and production, during the next 4-year period.

``(3) The Secretary shall determine a domestic strategic production objective for the development of energy resources from Federal onshore lands. Such objective shall be--

``(A) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil and natural gas from the Federal onshore mineral estate, with a focus on lands held by the Bureau of Land Management and the Forest Service;

``(B) the best estimate, based upon commercial and scientific data, of the expected increase in domestic coal production from Federal lands;

``(C) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of strategic and critical energy minerals from the Federal onshore mineral estate;

``(D) the best estimate, based upon commercial and scientific data, of the expected increase in megawatts for electricity production from each of the following sources: wind, solar, biomass, hydropower, and geothermal energy produced on Federal lands administered by the Bureau of Land Management and the Forest Service;

``(E) the best estimate, based upon commercial and scientific data, of the expected increase in unconventional energy production, such as oil shale;

``(F) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil, natural gas, coal, and other renewable sources from tribal lands for any federally recognized Indian tribe that elects to participate in facilitating energy production on its lands; and

``(G) the best estimate, based upon commercial and scientific data, of the expected increase in production of helium on Federal lands administered by the Bureau of Land Management and the Forest Service.

``(4) The Secretary shall consult with the Administrator of the Energy Information Administration regarding the methodology used to arrive at its estimates for purposes of this section.

``(5) The Secretary has the authority to expand the energy development plan to include other energy production technology sources or advancements in energy on Federal lands.

``(b) Tribal Objectives.--It is the sense of Congress that federally recognized Indian tribes may elect to set their own production objectives as part of the Strategy under this section. The Secretary shall work in cooperation with any federally recognized Indian tribe that elects to participate in achieving its own strategic energy objectives designated under this subsection.

``(c) Execution of the Strategy.--The relevant Secretary shall have all necessary authority to make determinations regarding which additional lands will be made available in order to meet the production objectives established by strategies under this section. The Secretary shall also take all necessary actions to achieve these production objectives unless the President determines that it is not in the national security and economic interests of the United States to increase Federal

domestic energy production and to further decrease dependence upon foreign sources of energy. In administering this section, the relevant Secretary shall only consider leasing Federal lands available for leasing at the time the lease sale occurs.

``(d) State, Federally Recognized Indian Tribes, Local Government, and Public Input.--In developing each strategy, the Secretary shall solicit the input of affected States, federally recognized Indian tribes, local governments, and the public.

``(e) Reporting.--The Secretary shall report annually to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of meeting the production goals set forth in the strategy. The Secretary shall identify in the report projections for production and capacity installations and any problems with leasing, permitting, siting, or production that will prevent meeting the goal. In addition, the Secretary

shall make suggestions to help meet any shortfalls in meeting the production goals.

``(f) Programmatic Environmental Impact Statement.--Not later than 12 months after the [Page: H7221]

date of enactment of this section, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic environmental impact statement. This programmatic environmental impact statement will be deemed sufficient to comply with all requirements under that Act for all necessary

resource management and land use plans associated with the implementation of the strategy.

``(g) Congressional Review.--At least 60 days prior to publishing a proposed strategy under this section, the Secretary shall submit it to the President and the Congress, together with any comments received from States, federally recognized Indian tribes, and local governments. Such submission shall indicate why any specific recommendation of a State, federally recognized Indian tribe, or local government was not accepted.

``(h) Strategic and Critical Energy Minerals Defined.--For purposes of this section, the term `strategic and critical energy minerals' means those that are necessary for the Nation's energy infrastructure including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production and those that are necessary to support domestic manufacturing, including but not limited to, materials used in energy generation, production, and transportation.''.

(b) First Quadrennial Strategy.--Not later than 18 months after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress the first Quadrennial Federal Onshore Energy Production Strategy under the amendment made by subsection (a).

TITLE III--NATIONAL PETROLEUM RESERVE IN ALASKA ACCESS

SEC. 3001. SHORT TITLE.

This title may be cited as the ``National Petroleum Reserve Alaska Access Act''.

SEC. 3002. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE NATIONAL PETROLEUM RESERVE IN ALASKA.

It is the sense of Congress that--

(1) the National Petroleum Reserve in Alaska remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; and

(2) accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve.

SEC. 3003. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.

Section 107(a) of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a(a)) is amended to read as follows:

``(a) In General.--The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the reserve in accordance with this Act. Such program shall include at least one lease sale annually in those areas of the reserve most likely to produce commercial quantities of oil and natural gas each year in the period 2013 through 2023.''.

SEC. 3004. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND PERMITTING PIPELINE AND ROAD CONSTRUCTION.

(a) In General.--Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall facilitate and ensure permits, in a timely and environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary to--

(1) develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; and

(2) transport oil and gas from and through the National Petroleum Reserve in Alaska in the most direct manner possible to existing transportation or processing infrastructure on the North Slope of Alaska.

(b) Timeline.--The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline:

(1) Permits for such construction for transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary has issued a permit to drill shall be approved within 60 days after the date of enactment of this Act.

(2) Permits for such construction for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved within 6 months after the submission to the Secretary of a request for a permit to drill.

(c) Plan.--To ensure timely future development of the Reserve, within 270 days after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the Reserve are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve.

SEC. 3005. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND ENVIRONMENTAL IMPACT STATEMENT.

(a) Issuance of New Integrated Activity Plan.--The Secretary of the Interior shall, within 180 days after the date of enactment of this Act, issue--

(1) a new proposed integrated activity plan from among the non-adopted alternatives in the National Petroleum Reserve Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013; and

(2) an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the National Petroleum Reserve-Alaska to promote efficient and maximum development of oil and natural gas resources of such reserve.

(b) Nullification of Existing Record of Decision, IAP, and EIS.--Except as provided in subsection (a), the National Petroleum Reserve-Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013, including the integrated activity plan and environmental impact statement referred to in that record of decision, shall have no force or effect.

SEC. 3006. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.

The Secretary of the Interior shall issue regulations not later than 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve-Alaska.

SEC. 3007. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY PLAN.

At a minimum, the new proposed integrated activity plan issued under section 3005(a)(1) shall--

(1) require the Department of the Interior to respond within 5 business days to a person who submits an application for a permit for development of oil and natural gas leases in the National Petroleum Reserve-Alaska acknowledging receipt of such application; and

(2) establish a timeline for the processing of each such application, that--

(A) specifies deadlines for decisions and actions on permit applications; and

(B) provide that the period for issuing each permit after submission of such an application shall not exceed 60 days without the concurrence of the applicant.

SEC. 3008. UPDATED RESOURCE ASSESSMENT.

(a) In General.--The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the National Petroleum Reserve in Alaska, including all conventional and unconventional oil and natural gas.

(b) Cooperation and Consultation.--The resource assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists.

(c) Timing.--The resource assessment required by subsection (a) shall be completed within 24 months of the date of the enactment of this Act.

(d) Funding.--The United States Geological Survey may, in carrying out the duties under this section, cooperatively use resources and funds provided by the State of Alaska.

TITLE IV--BLM LIVE INTERNET AUCTIONS

SEC. 4001. SHORT TITLE.

This title may be cited as the ``BLM Live Internet Auctions Act''.

SEC. 4002. INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES.

(a) Authorization.--Section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)) is amended--

(1) in subparagraph (A), in the third sentence, by inserting ``, except as provided in subparagraph (C)'' after ``by oral bidding''; and

(2) by adding at the end the following:

``(C) In order to diversify and expand the Nation's onshore leasing program to ensure the best return to the Federal taxpayer, reduce fraud, and secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods. Each individual Internet-based lease sale shall conclude within 7 days.''.

(b) Report.--Not later than 90 days after the tenth Internet-based lease sale conducted under the amendment made by subsection (a), the Secretary of the Interior shall analyze the first 10 such lease sales and report to Congress the findings of the analysis. The report shall include--

(1) estimates on increases or decreases in such lease sales, compared to sales conducted by oral bidding, in--

(A) the number of bidders;

(B) the average amount of bid;

(C) the highest amount bid; and

(D) the lowest bid;

(2) an estimate on the total cost or savings to the Department of the Interior as a result of such sales, compared to sales conducted by oral bidding; and

(3) an evaluation of the demonstrated or expected effectiveness of different structures for lease sales which may provide an opportunity to better maximize bidder participation, ensure the highest return to the Federal taxpayers, minimize opportunities for fraud or collusion, and ensure the security and integrity of the leasing process.

TITLE V--NATIVE AMERICAN ENERGY

SEC. 5001. SHORT TITLE.

This title may be cited as the ``Native American Energy Act''.

SEC. 5002. APPRAISALS.

(a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end the following:

``SEC. 2607. APPRAISAL REFORMS.

``(a) Options to Indian Tribes.--With respect to a transaction involving Indian land or the trust assets of an Indian tribe that requires the approval of the Secretary, any appraisal relating to fair market value required to be conducted under applicable law, regulation, or policy may be completed by--

``(1) the Secretary;

``(2) the affected Indian tribe; or

``(3) a certified, third-party appraiser pursuant to a contract with the Indian tribe.

``(b) Time Limit on Secretarial Review and Action.--Not later than 30 days after the date on which the Secretary receives an appraisal [Page: H7222]

conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) of subsection (a), the Secretary shall--

``(1) review the appraisal; and

``(2) provide to the Indian tribe a written notice of approval or disapproval of the appraisal.

``(c) Failure of Secretary To Approve or Disapprove.--If, after 60 days, the Secretary has failed to approve or disapprove any appraisal received, the appraisal shall be deemed approved.

``(d) Option to Indian Tribes To Waive Appraisal.--

``(1) An Indian tribe wishing to waive the requirements of subsection (a), may do so after it has satisfied the requirements of subsections (2) and (3) below.

``(2) An Indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent, duly approved by the governing body of the Indian tribe.

``(3) The unambiguous indication of intent provided by the Indian tribe to the Secretary under paragraph (2) must include an express waiver by the Indian tribe of any claims for damages it might have against the United States as a result of the lack of an appraisal undertaken.

``(e) Definition.--For purposes of this subsection, the term `appraisal' includes appraisals and other estimates of value.

``(f) Regulations.--The Secretary shall develop regulations for implementing this section, including standards the Secretary shall use for approving or disapproving an appraisal.''.

(b) Conforming Amendment.--The table of contents of the Energy Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the end of the items relating to title XXVI the following:

``Sec..2607..Appraisal reforms.''.

SEC. 5003. STANDARDIZATION.

As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall implement procedures to ensure that each agency within the Department of the Interior that is involved in the review, approval, and oversight of oil and gas activities on Indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells.

SEC. 5004. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN LANDS.

Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the first sentence, and by adding at the end the following:

``(b) Review of Major Federal Actions on Indian Lands.--

``(1) IN GENERAL.--For any major Federal action on Indian lands of an Indian tribe requiring the preparation of a statement under subsection (a)(2)(C), the statement shall only be available for review and comment by the members of the Indian tribe and by any other individual residing within the affected area.

``(2) REGULATIONS.--The Chairman of the Council on Environmental Quality shall develop regulations to implement this section, including descriptions of affected areas for specific major Federal actions, in consultation with Indian tribes.

``(3) DEFINITIONS.--In this subsection, each of the terms `Indian land' and `Indian tribe' has the meaning given that term in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).

``(4) CLARIFICATION OF AUTHORITY.--Nothing in the Native American Energy Act, except section 5006 of that Act, shall give the Secretary any additional authority over energy projects on Alaska Native Claims Settlement Act lands.''.

SEC. 5005. JUDICIAL REVIEW.

(a) Time for Filing Complaint.--Any energy related action must be filed not later than the end of the 60-day period beginning on the date of the final agency action. Any energy related action not filed within this time period shall be barred.

(b) District Court Venue and Deadline.--All energy related actions--

(1) shall be brought in the United States District Court for the District of Columbia; and

(2) shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause of action is filed.

(c) Appellate Review.--An interlocutory order or final judgment, decree or order of the district court in an energy related action may be reviewed by the U.S. Court of Appeals for the District of Columbia Circuit. The D.C. Circuit Court of Appeals shall resolve such appeal as expeditiously as possible, and in any event not more than 180 days after such interlocutory order or final judgment, decree or order of the district court was issued.

(d) Limitation on Certain Payments.--Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 504 of title 5, United States Code, or under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections, to any person or party in an energy related action.

(e) Legal Fees.--In any energy related action in which the plaintiff does not ultimately prevail, the court shall award to the defendant (including any intervenor-defendants), other than the United States, fees and other expenses incurred by that party in connection with the energy related action, unless the court finds that the position of the plaintiff was substantially justified or that special circumstances make an award unjust. Whether or not the position of the plaintiff was substantially

justified shall be determined on the basis of the administrative record, as a whole, which is made in the energy related action for which fees and other expenses are sought.

(f) Definitions.--For the purposes of this section, the following definitions apply:

(1) AGENCY ACTION.--The term ``agency action'' has the same meaning given such term in section 551 of title 5, United States Code.

(2) INDIAN LAND.--The term ``Indian Land'' has the same meaning given such term in section 203(c)(3) of the Energy Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), including lands owned by Native Corporations under the Alaska Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 1601).

(3) ENERGY RELATED ACTION.--The term ``energy related action'' means a cause of action that--

(A) is filed on or after the effective date of this Act; and

(B) seeks judicial review of a final agency action to issue a permit, license, or other form of agency permission allowing:

(i) any person or entity to conduct activities on Indian Land, which activities involve the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity; or

(ii) any Indian Tribe, or any organization of two or more entities, at least one of which is an Indian tribe, to conduct activities involving the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken.

(4) ULTIMATELY PREVAIL.--The phrase ``ultimately prevail'' means, in a final enforceable judgment, the court rules in the party's favor on at least one cause of action which is an underlying rationale for the preliminary injunction, administrative stay, or other relief requested by the party, and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment

of the court or a court-ordered consent decree.

SEC. 5006. TRIBAL BIOMASS DEMONSTRATION PROJECT.

The Tribal Forest Protection Act of 2004 is amended by inserting after section 2 (25 U.S.C. 3115a) the following:

``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

``(a) In General.--For each of fiscal years 2014 through 2018, the Secretary shall enter into stewardship contracts or other agreements, other than agreements that are exclusively direct service contracts, with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land.

``(b) Definitions.--The definitions in section 2 shall apply to this section.

``(c) Demonstration Projects.--In each fiscal year for which projects are authorized, the Secretary shall enter into contracts or other agreements described in subsection (a) to carry out at least 4 new demonstration projects that meet the eligibility criteria described in subsection (d).

``(d) Eligibility Criteria.--To be eligible to enter into a contract or other agreement under this subsection, an Indian tribe shall submit to the Secretary an application--

``(1) containing such information as the Secretary may require; and

``(2) that includes a description of--

``(A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and

``(B) the demonstration project proposed to be carried out by the Indian tribe.

``(e) Selection.--In evaluating the applications submitted under subsection (c), the Secretary--

``(1) shall take into consideration the factors set forth in paragraphs (1) and (2) of section 2(e) of Public Law 108-278; and whether a proposed demonstration project would--

``(A) increase the availability or reliability of local or regional energy;

``(B) enhance the economic development of the Indian tribe;

``(C) improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities;

``(D) improve the forest health or watersheds of Federal land or Indian forest land or rangeland; or

``(E) otherwise promote the use of woody biomass; and

``(2) shall exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.

``(f) Implementation.--The Secretary shall--

``(1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section; and

``(2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section.

``(g) Report.--Not later than September 20, 2015, the Secretary shall submit to Congress a report that describes, with respect to the reporting period--

``(1) each individual tribal application received under this section; and

``(2) each contract and agreement entered into pursuant to this section.

``(h) Incorporation of Management Plans.--In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the extent practicable, management plans (including [Page: H7223]

forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe.

``(i) Term.--A stewardship contract or other agreement entered into under this section--

``(1) shall be for a term of not more than 20 years; and

``(2) may be renewed in accordance with this section for not more than an additional 10 years.''.

SEC. 5007. TRIBAL RESOURCE MANAGEMENT PLANS.

Unless otherwise explicitly exempted by Federal law enacted after the date of the enactment of this Act, any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary of the Interior under the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.) or the American Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.), shall be considered a sustainable

management practice for purposes of any Federal standard, benefit, or requirement that requires a demonstration of such sustainability.

SEC. 5008. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.

Subsection (e)(1) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing Act''), is amended--

(1) by striking ``, except a lease for'' and inserting ``, including leases for'';

(2) in subparagraph (A), by striking ``25'' the first place it appears and all that follows and inserting ``99 years;'';

(3) in subparagraph (B), by striking the period and inserting ``; and''; and

(4) by adding at the end the following:

``(C) in the case of a lease for the exploration, development, or extraction of mineral resources, including geothermal resources, 25 years, except that any such lease may include an option to renew for one additional term not to exceed 25 years.''.

SEC. 5009. NONAPPLICABILITY OF CERTAIN RULES.

No rule promulgated by the Department of the Interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status.

The Acting CHAIR. No further amendment to the bill, as amended, shall be in order except those printed in part A of House Report 113-271. Each such further amendment may be offered only in the order printed in the report, by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of

the question.

AMENDMENT NO. 1 OFFERED BY MR.

HASTINGS

OF WASHINGTON

The Acting CHAIR. It is now in order to consider amendment No. 1 printed in House Report 113-271.