HR 1431 IHCommentsClose CommentsPermalink

To stimulate the economy and create jobs at no cost to the taxpayers, and without borrowing money from foreign governments for which our children and grandchildren will be responsible, and for other purposes.CommentsClose CommentsPermalink

March 11, 2009CommentsClose CommentsPermalink

Mr. BISHOP of Utah (for himself, Mr. SHADEGG, Mr. SULLIVAN, Mr. BOOZMAN, Mr. JORDAN of Ohio, Mr. GOHMERT, Mr. BURGESS, Mr. FRANKS of Arizona, Mr. AKIN, Mr. MCHENRY, Mr. LEWIS of California, Ms. FOXX, Mr. HERGER, Mr. BOUSTANY, Mr. PITTS, Mrs. MYRICK, Mr. BROUN of Georgia, Mr. RADANOVICH, Mrs. MCMORRIS RODGERS, Mr. MCCARTHY of California, Mr. FLEMING, Mr. LATTA, Mr. YOUNG of Alaska, Mr. LAMBORN, Mr. BACHUS, Mr. NEUGEBAUER, and Mr. MCCOTTER) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on the Judiciary, Energy and Commerce, and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To stimulate the economy and create jobs at no cost to the taxpayers, and without borrowing money from foreign governments for which our children and grandchildren will be responsible, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘No Cost Stimulus Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--OUTER CONTINENTAL SHELF LEASING

Sec. 101. Leasing program considered approved.CommentsClose CommentsPermalink





Sec. 102. Lease sales.CommentsClose CommentsPermalink





Sec. 103. Coastal Impact assistance program amendments.CommentsClose CommentsPermalink





Sec. 104. Seaward boundaries of States.CommentsClose CommentsPermalink

TITLE II--LEASING PROGRAM FOR LAND WITHIN COASTAL PLAIN

Sec. 201. Definitions.CommentsClose CommentsPermalink





Sec. 202. Leasing program for land within the Coastal Plain.CommentsClose CommentsPermalink





Sec. 203. Lease sales.CommentsClose CommentsPermalink





Sec. 204. Grant of leases by the Secretary.CommentsClose CommentsPermalink





Sec. 205. Lease terms and conditions.CommentsClose CommentsPermalink





Sec. 206. Coastal plain environmental protection.CommentsClose CommentsPermalink





Sec. 207. Expedited judicial review.CommentsClose CommentsPermalink





Sec. 208. Federal and State distribution of revenues.CommentsClose CommentsPermalink





Sec. 209. Rights-of-way across the Coastal plain.CommentsClose CommentsPermalink





Sec. 210. Conveyance.CommentsClose CommentsPermalink





Sec. 211. Local government impact aid and community service assistance.CommentsClose CommentsPermalink





Sec. 212. ANWR Alternative Energy Trust Fund.CommentsClose CommentsPermalink

TITLE III--REGULATORY STREAMLINING

Sec. 301. Commercial leasing program for oil shale resources on public land.CommentsClose CommentsPermalink





Sec. 302. Licensing of new nuclear power plants.CommentsClose CommentsPermalink





Sec. 303. Jurisdiction over covered energy projects.CommentsClose CommentsPermalink





Sec. 304. Environmental impact statements.CommentsClose CommentsPermalink





Sec. 305. Clean air regulation.CommentsClose CommentsPermalink





Sec. 306. Endangered species.CommentsClose CommentsPermalink

TITLE I--OUTER CONTINENTAL SHELF LEASINGCommentsClose CommentsPermalink

SEC. 101. LEASING PROGRAM CONSIDERED APPROVED.

(a) In General- The Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 issued by the Secretary of the Interior (referred to in this section as the ‘Secretary’) under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is considered to have been approved by the Secretary as a final oil and gas leasing program under that section.CommentsClose CommentsPermalink





(b) Final Environmental Impact Statement- The Secretary is considered to have issued a final environmental impact statement for the program described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).CommentsClose CommentsPermalink

SEC. 102. LEASE SALES.

(a) Outer Continental Shelf-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), not later than 30 days after the date of enactment of this Act and every 270 days thereafter, the Secretary of the Interior (referred to in this section as the ‘Secretary’) shall conduct a lease sale in each outer Continental Shelf planning area for which the Secretary determines that there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf.CommentsClose CommentsPermalink





(2) SUBSEQUENT DETERMINATIONS AND SALES- If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this subsection, not later than 2 years after the date of enactment of the determination and every 2 years thereafter, the Secretary shall--CommentsClose CommentsPermalink





(A) determine whether there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; andCommentsClose CommentsPermalink





(B) if the Secretary determines that there is a commercial interest described in subparagraph (A), conduct a lease sale in the planning area.CommentsClose CommentsPermalink





(b) Renewable Energy and Mariculture- The Secretary may conduct commercial lease sales of resources owned by United States--CommentsClose CommentsPermalink





(1) to produce renewable energy (as defined in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b))); orCommentsClose CommentsPermalink





(2) to cultivate marine organisms in the natural habitat of the organisms.CommentsClose CommentsPermalink

SEC. 103. COASTAL IMPACT ASSISTANCE PROGRAM AMENDMENTS.

Section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a) is amended--CommentsClose CommentsPermalink





(1) in subsection (c), by adding at the end the following:CommentsClose CommentsPermalink





‘(5) APPLICATION REQUIREMENTS; AVAILABILITY OF FUNDING- On approval of a plan by the Secretary under this section, the producing State shall--CommentsClose CommentsPermalink





‘(A) not be subject to any additional application or other requirements (other than notifying the Secretary of which projects are being carried out under the plan) to receive the payments; andCommentsClose CommentsPermalink





‘(B) be immediately eligible to receive payments under this section.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Funding-CommentsClose CommentsPermalink





‘(1) STREAMLINING-CommentsClose CommentsPermalink





‘(A) REPORT- Not later than 180 days after the date of enactment of this subsection, the Secretary of the Interior (acting through the Director of the Minerals Management Service) (referred to in this subsection as the ‘Secretary’) shall develop a plan that addresses streamlining the process by which payments are made under this section, including recommendations for--CommentsClose CommentsPermalink





‘(i) decreasing the time required to approve plans submitted under subsection (c)(1);CommentsClose CommentsPermalink





‘(ii) ensuring that allocations to producing States under subsection (b) are adequately funded; andCommentsClose CommentsPermalink





‘(iii) any modifications to the authorized uses for payments under subsection (d).CommentsClose CommentsPermalink





‘(B) CLEAN WATER- Not later than 180 days after the date of enactment of this subsection, the Secretary and the Administrator of the Environmental Protection Agency shall jointly develop procedures for streamlining the permit process required under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and State laws for restoration projects that are included in an approved plan under subsection (c).CommentsClose CommentsPermalink





‘(C) ENVIRONMENTAL REQUIREMENTS- A project funded under this section that does not involve wetlands shall not be subject to environmental review requirements under Federal law.CommentsClose CommentsPermalink





‘(2) COST-SHARING REQUIREMENTS- Any amounts made available to producing States under this section may be used to meet the cost-sharing requirements of other Federal grant programs, including grant programs that support coastal wetland protection and restoration.CommentsClose CommentsPermalink





‘(3) EXPEDITED FUNDING- Not later than 180 days after the date of enactment of this subsection, the Secretary shall develop a procedure to provide expedited funding to projects under this section based on estimated revenues to ensure that the projects may--CommentsClose CommentsPermalink





‘(A) secure additional funds from other sources; andCommentsClose CommentsPermalink





‘(B) use the amounts made available under this section on receipt.’.CommentsClose CommentsPermalink

SEC. 104. SEAWARD BOUNDARIES OF STATES.

(a) Seaward Boundaries- Section 4 of the Submerged Lands Act (43 U.S.C. 1312) is amended by striking ‘three geographical miles’ each place it appears and inserting ‘12 nautical miles’.CommentsClose CommentsPermalink





(b) Conforming Amendments- Section 2 of the Submerged Lands Act (43 U.S.C. 1301) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(2), by striking ‘three geographical miles’ and inserting ‘12 nautical miles’; andCommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking ‘three geographical miles’ and inserting ‘12 nautical miles’; andCommentsClose CommentsPermalink





(B) by striking ‘three marine leagues’ and inserting ‘12 nautical miles’.CommentsClose CommentsPermalink





(c) Effect of Amendments-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraphs (2) through (4), the amendments made by this section shall not effect Federal oil and gas mineral rights.CommentsClose CommentsPermalink





(2) SUBMERGED LAND- Submerged land within the seaward boundaries of States shall be--CommentsClose CommentsPermalink





(A) subject to Federal oil and gas mineral rights to the extent provided by law;CommentsClose CommentsPermalink





(B) considered to be part of the Federal outer Continental Shelf for purposes of the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); andCommentsClose CommentsPermalink





(C) subject to leasing under the authority of that Act and to laws applicable to the leasing of the oil and gas resources of the Federal outer Continental Shelf.CommentsClose CommentsPermalink





(3) EXISTING LEASES- The amendments made by this section shall not affect any Federal oil and gas lease in effect on the date of enactment of this Act.CommentsClose CommentsPermalink





(4) TAXATION-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), a State may exercise all of the sovereign powers of taxation of the State within the entire extent of the seaward boundaries of the State (as extended by the amendments made by this section).CommentsClose CommentsPermalink





(B) LIMITATION- Nothing in this paragraph affects the authority of a State to tax any Federal oil and gas lease in effect on the date of enactment of this Act.CommentsClose CommentsPermalink

TITLE II--LEASING PROGRAM FOR LAND WITHIN COASTAL PLAINCommentsClose CommentsPermalink

SEC. 201. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) COASTAL PLAIN- The term ‘Coastal Plain’ means that area identified as the ‘1002 Coastal Plain Area’ on the map.CommentsClose CommentsPermalink





(2) FEDERAL AGREEMENT- The term ‘Federal Agreement’ means the Federal Agreement and Grant Right-of-Way for the Trans-Alaska Pipeline issued on January 23, 1974, in accordance with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.).CommentsClose CommentsPermalink





(3) FINAL STATEMENT- The term ‘Final Statement’ means the final legislative environmental impact statement on the Coastal Plain, dated April 1987, and prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).CommentsClose CommentsPermalink





(4) MAP- The term ‘map’ means the map entitled ‘Arctic National Wildlife Refuge’, dated September 2005, and prepared by the United States Geological Survey.CommentsClose CommentsPermalink





(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior (or the designee of the Secretary), acting through the Director of the Bureau of Land Management, in consultation with the Director of the United States Fish and Wildlife Service.CommentsClose CommentsPermalink

SEC. 202. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.

(a) In General- The Secretary shall take such actions as are necessary--CommentsClose CommentsPermalink





(1) to establish and implement, in accordance with this title, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; andCommentsClose CommentsPermalink





(2) to administer this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that--CommentsClose CommentsPermalink





(A) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment; andCommentsClose CommentsPermalink





(B) require the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this title in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.CommentsClose CommentsPermalink





(b) Repeal-CommentsClose CommentsPermalink





(1) REPEAL- Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- The table of contents contained in section 1 of that Act (16 U.S.C. 3101 note) is amended by striking the item relating to section 1003.CommentsClose CommentsPermalink





(3) COMPLIANCE WITH NEPA FOR OTHER ACTIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Before conducting the first lease sale under this title, the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the actions authorized by this title that are not referred to in paragraph (2).CommentsClose CommentsPermalink





(B) IDENTIFICATION AND ANALYSIS- Notwithstanding any other provision of law, in carrying out this paragraph, the Secretary shall not be required--CommentsClose CommentsPermalink





(i) to identify nonleasing alternative courses of action; orCommentsClose CommentsPermalink





(ii) to analyze the environmental effects of those courses of action.CommentsClose CommentsPermalink





(C) IDENTIFICATION OF PREFERRED ACTION- Not later than 18 months after the date of enactment of this Act, the Secretary shall--CommentsClose CommentsPermalink





(i) identify only a preferred action and a single leasing alternative for the first lease sale authorized under this title; andCommentsClose CommentsPermalink





(ii) analyze the environmental effects and potential mitigation measures for those 2 alternatives.CommentsClose CommentsPermalink





(D) PUBLIC COMMENTS- In carrying out this paragraph, the Secretary shall consider only public comments that are filed not later than 20 days after the date of publication of a draft environmental impact statement.CommentsClose CommentsPermalink





(E) EFFECT OF COMPLIANCE- Notwithstanding any other provision of law, compliance with this paragraph shall be considered to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title.CommentsClose CommentsPermalink





(c) Relationship to State and Local Authority- Nothing in this title expands or limits any State or local regulatory authority.CommentsClose CommentsPermalink





(d) Special Areas-CommentsClose CommentsPermalink





(1) DESIGNATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary, after consultation with the State of Alaska, the North Slope Borough, Alaska, and the City of Kaktovik, Alaska, may designate not more than 45,000 acres of the Coastal Plain as a special area if the Secretary determines that the special area would be of such unique character and interest as to require special management and regulatory protection.CommentsClose CommentsPermalink





(B) SADLEROCHIT SPRING AREA- The Secretary shall designate as a special area in accordance with subparagraph (A) the Sadlerochit Spring area, comprising approximately 4,000 acres as depicted on the map.CommentsClose CommentsPermalink





(2) MANAGEMENT- The Secretary shall manage each special area designated under this subsection in a manner that preserves the unique and diverse character of the area, including fish, wildlife, subsistence resources, and cultural values of the area.CommentsClose CommentsPermalink





(3) EXCLUSION FROM LEASING OR SURFACE OCCUPANCY-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary may exclude any special area designated under this subsection from leasing.CommentsClose CommentsPermalink





(B) NO SURFACE OCCUPANCY- If the Secretary leases all or a portion of a special area for the purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the land comprising the special area.CommentsClose CommentsPermalink





(4) DIRECTIONAL DRILLING- Notwithstanding any other provision of this subsection, the Secretary may lease all or a portion of a special area under terms that permit the use of horizontal drilling technology from sites on leases located outside the special area.CommentsClose CommentsPermalink





(e) Limitation on Closed Areas- The Secretary may not close land within the Coastal Plain to oil and gas leasing or to exploration, development, or production except in accordance with this title.CommentsClose CommentsPermalink





(f) Regulations-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 15 months after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this title, including rules and regulations relating to protection of the fish and wildlife, fish and wildlife habitat, subsistence resources, and environment of the Coastal Plain.CommentsClose CommentsPermalink





(2) REVISION OF REGULATIONS- The Secretary shall periodically review and, as appropriate, revise the rules and regulations issued under paragraph (1) to reflect any significant biological, environmental, scientific or engineering data that come to the attention of the Secretary.CommentsClose CommentsPermalink

SEC. 203. LEASE SALES.

(a) In General- Land may be leased pursuant to this title to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.).CommentsClose CommentsPermalink





(b) Procedures- The Secretary shall, by regulation, establish procedures for--CommentsClose CommentsPermalink





(1) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale;CommentsClose CommentsPermalink





(2) the holding of lease sales after that nomination process; andCommentsClose CommentsPermalink





(3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.CommentsClose CommentsPermalink





(c) Lease Sale Bids- Bidding for leases under this title shall be by sealed competitive cash bonus bids.CommentsClose CommentsPermalink





(d) Acreage Minimum in First Sale- For the first lease sale under this title, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres.CommentsClose CommentsPermalink





(e) Timing of Lease Sales- The Secretary shall--CommentsClose CommentsPermalink





(1) not later than 22 months after the date of enactment of this Act, conduct the first lease sale under this title;CommentsClose CommentsPermalink





(2) not later than 90 days after the date of the completion of the sale, evaluate the bids in the sale and issue leases resulting from the sale; andCommentsClose CommentsPermalink





(3) conduct additional sales at appropriate intervals if sufficient interest in exploration or development exists to warrant the conduct of the additional sales.CommentsClose CommentsPermalink

SEC. 204. GRANT OF LEASES BY THE SECRETARY.

(a) In General- On payment by a lessee of such bonus as may be accepted by the Secretary, the Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 203 a lease for any land on the Coastal Plain.CommentsClose CommentsPermalink





(b) Subsequent Transfers-CommentsClose CommentsPermalink





(1) IN GENERAL- No lease issued under this title may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary.CommentsClose CommentsPermalink





(2) CONDITION FOR APPROVAL- Before granting any approval described in paragraph (1), the Secretary shall consult with and give due consideration to the opinion of the Attorney General.CommentsClose CommentsPermalink

SEC. 205. LEASE TERMS AND CONDITIONS.

An oil or gas lease issued pursuant to this title shall--CommentsClose CommentsPermalink





(1) provide for the payment of a royalty of not less than 12 1/2 percent of the amount or value of the production removed or sold from the lease, as determined by the Secretary in accordance with regulations applicable to other Federal oil and gas leases;CommentsClose CommentsPermalink





(2) provide that the Secretary may close, on a seasonal basis, such portions of the Coastal Plain to exploratory drilling activities as are necessary to protect caribou calving areas and other species of fish and wildlife;CommentsClose CommentsPermalink





(3) require that each lessee of land within the Coastal Plain shall be fully responsible and liable for the reclamation of land within the Coastal Plain and any other Federal land that is adversely affected in connection with exploration, development, production, or transportation activities within the Coastal Plain conducted by the lessee or by any of the subcontractors or agents of the lessee;CommentsClose CommentsPermalink





(4) provide that the lessee may not delegate or convey, by contract or otherwise, that reclamation responsibility and liability to another person without the express written approval of the Secretary;CommentsClose CommentsPermalink





(5) provide that the standard of reclamation for land required to be reclaimed under this title shall be, to the maximum extent practicable--CommentsClose CommentsPermalink





(A) a condition capable of supporting the uses that the land was capable of supporting prior to any exploration, development, or production activities; orCommentsClose CommentsPermalink





(B) on application by the lessee, to a higher or better standard, as approved by the Secretary;CommentsClose CommentsPermalink





(6) contain terms and conditions relating to protection of fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment as required under section 202(a)(2);CommentsClose CommentsPermalink





(7) provide that each lessee, and each agent and contractor of a lessee, use their best efforts to provide a fair share of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State of Alaska, as determined by the level of obligation previously agreed to in the Federal Agreement; andCommentsClose CommentsPermalink





(8) contain such other provisions as the Secretary determines to be necessary to ensure compliance with this title and the regulations promulgated under this title.CommentsClose CommentsPermalink

SEC. 206. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

(a) No Significant Adverse Effect Standard To Govern Authorized Coastal Plain Activities- In accordance with section 202, the Secretary shall administer this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, or other provisions that--CommentsClose CommentsPermalink





(1) ensure, to the maximum extent practicable, that oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, fish and wildlife habitat, and the environment;CommentsClose CommentsPermalink





(2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; andCommentsClose CommentsPermalink





(3) ensure that the maximum surface acreage covered in connection with the leasing program by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain.CommentsClose CommentsPermalink





(b) Site-Specific Assessment and Mitigation- The Secretary shall require, with respect to any proposed drilling and related activities on the Coastal Plain, that--CommentsClose CommentsPermalink





(1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, fish and wildlife habitat, subsistence resources, subsistence uses, and the environment;CommentsClose CommentsPermalink





(2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the maximum extent practicable) any significant adverse effect identified under paragraph (1); andCommentsClose CommentsPermalink





(3) the development of the plan shall occur after consultation with the 1 or more agencies having jurisdiction over matters mitigated by the plan.CommentsClose CommentsPermalink





(c) Regulations To Protect Coastal Plain Fish and Wildlife Resources, Subsistence Users, and the Environment- Before implementing the leasing program authorized by this title, the Secretary shall prepare and issue regulations, lease terms, conditions, restrictions, prohibitions, stipulations, or other measures designed to ensure, to the maximum extent practicable, that the activities carried out on the Coastal Plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title.CommentsClose CommentsPermalink





(d) Compliance With Federal and State Environmental Laws and Other Requirements- The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this title shall require--CommentsClose CommentsPermalink





(1) compliance with all applicable provisions of Federal and State environmental law (including regulations);CommentsClose CommentsPermalink





(2) implementation of and compliance with--CommentsClose CommentsPermalink





(A) standards that are at least as effective as the safety and environmental mitigation measures, as described in items 1 through 29 on pages 167 through 169 of the Final Statement, on the Coastal Plain;CommentsClose CommentsPermalink





(B) seasonal limitations on exploration, development, and related activities, as necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration;CommentsClose CommentsPermalink





(C) design safety and construction standards for all pipelines and any access and service roads that minimize, to the maximum extent practicable, adverse effects on--CommentsClose CommentsPermalink





(i) the passage of migratory species (such as caribou); andCommentsClose CommentsPermalink





(ii) the flow of surface water by requiring the use of culverts, bridges, or other structural devices;CommentsClose CommentsPermalink





(D) prohibitions on general public access to, and use of, all pipeline access and service roads;CommentsClose CommentsPermalink





(E) stringent reclamation and rehabilitation requirements in accordance with this title for the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment on completion of oil and gas production operations, except in a case in which the Secretary determines that those facilities, structures, or equipment--CommentsClose CommentsPermalink





(i) would assist in the management of the Arctic National Wildlife Refuge; andCommentsClose CommentsPermalink





(ii) are donated to the United States for that purpose;CommentsClose CommentsPermalink





(F) appropriate prohibitions or restrictions on--CommentsClose CommentsPermalink





(i) access by all modes of transportation;CommentsClose CommentsPermalink





(ii) sand and gravel extraction; andCommentsClose CommentsPermalink





(iii) use of explosives;CommentsClose CommentsPermalink





(G) reasonable stipulations for protection of cultural and archaeological resources;CommentsClose CommentsPermalink





(H) measures to protect groundwater and surface water, including--CommentsClose CommentsPermalink





(i) avoidance, to the maximum extent practicable, of springs, streams, and river systems;CommentsClose CommentsPermalink





(ii) the protection of natural surface drainage patterns and wetland and riparian habitats; andCommentsClose CommentsPermalink





(iii) the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling; andCommentsClose CommentsPermalink





(I) research, monitoring, and reporting requirements;CommentsClose CommentsPermalink





(3) that exploration activities (except surface geological studies) be limited to the period between approximately November 1 and May 1 of each year and be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods (except that those exploration activities may be permitted at other times if the Secretary determines that the exploration will have no significant adverse effect on fish and wildlife, fish and wildlife habitat, and the environment of the Coastal Plain);CommentsClose CommentsPermalink





(4) consolidation of facility siting;CommentsClose CommentsPermalink





(5) avoidance or reduction of air traffic-related disturbance to fish and wildlife;CommentsClose CommentsPermalink





(6) treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including, in accordance with applicable Federal and State environmental laws (including regulations)--CommentsClose CommentsPermalink





(A) preparation of an annual waste management report;CommentsClose CommentsPermalink





(B) development and implementation of a hazardous materials tracking system; andCommentsClose CommentsPermalink





(C) prohibition on the use of chlorinated solvents;CommentsClose CommentsPermalink





(7) fuel storage and oil spill contingency planning;CommentsClose CommentsPermalink





(8) conduct of periodic field crew environmental briefings;CommentsClose CommentsPermalink





(9) avoidance of significant adverse effects on subsistence hunting, fishing, and trapping;CommentsClose CommentsPermalink





(10) compliance with applicable air and water quality standards;CommentsClose CommentsPermalink





(11) appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited; andCommentsClose CommentsPermalink





(12) development and implementation of such other protective environmental requirements, restrictions, terms, or conditions as the Secretary determines to be necessary.CommentsClose CommentsPermalink





(e) Considerations- In preparing and issuing regulations, lease terms, conditions, restrictions, prohibitions, or stipulations under this section, the Secretary shall take into consideration--CommentsClose CommentsPermalink





(1) the stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement;CommentsClose CommentsPermalink





(2) the environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 through 37.33 of title 50, Code of Federal Regulations (or successor regulations); andCommentsClose CommentsPermalink





(3) the land use stipulations for exploratory drilling on the KIC-ASRC private land described in appendix 2 of the agreement between Arctic Slope Regional Corporation and the United States dated August 9, 1983.CommentsClose CommentsPermalink





(f) Facility Consolidation Planning-CommentsClose CommentsPermalink





(1) IN GENERAL- After providing for public notice and comment, the Secretary shall prepare and periodically update a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of oil and gas resources from the Coastal Plain.CommentsClose CommentsPermalink





(2) OBJECTIVES- The objectives of the plan shall be--CommentsClose CommentsPermalink





(A) the avoidance of unnecessary duplication of facilities and activities;CommentsClose CommentsPermalink





(B) the encouragement of consolidation of common facilities and activities;CommentsClose CommentsPermalink





(C) the location or confinement of facilities and activities to areas that will minimize impact on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment;CommentsClose CommentsPermalink





(D) the use of existing facilities, to the maximum extent practicable; andCommentsClose CommentsPermalink





(E) the enhancement of compatibility between wildlife values and development activities.CommentsClose CommentsPermalink





(g) Access to Public Land- The Secretary shall--CommentsClose CommentsPermalink





(1) manage public land in the Coastal Plain in accordance with subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); andCommentsClose CommentsPermalink





(2) ensure that local residents shall have reasonable access to public land in the Coastal Plain for traditional uses.CommentsClose CommentsPermalink

SEC. 207. EXPEDITED JUDICIAL REVIEW.

(a) Filing of Complaints-CommentsClose CommentsPermalink





(1) DEADLINE- A complaint seeking judicial review of a provision of this title or an action of the Secretary under this title shall be filed--CommentsClose CommentsPermalink





(A) except as provided in subparagraph (B), during the 90-day period beginning on the date on which the action being challenged was carried out; orCommentsClose CommentsPermalink





(B) in the case of a complaint based solely on grounds arising after the 90-day period described in subparagraph (A), by not later than 90 days after the date on which the complainant knew or reasonably should have known about the grounds for the complaint.CommentsClose CommentsPermalink





(2) VENUE- A complaint seeking judicial review of a provision of this title or an action of the Secretary under this title shall be filed in the United States Court of Appeals for the District of Columbia Circuit.CommentsClose CommentsPermalink





(3) SCOPE-CommentsClose CommentsPermalink





(A) IN GENERAL- Judicial review of a decision of the Secretary relating to a lease sale under this title (including an environmental analysis of such a lease sale) shall be--CommentsClose CommentsPermalink





(i) limited to a review of whether the decision is in accordance with this title; andCommentsClose CommentsPermalink





(ii) based on the administrative record of the decision.CommentsClose CommentsPermalink





(B) PRESUMPTIONS- Any identification by the Secretary of a preferred course of action relating to a lease sale, and any analysis by the Secretary of environmental effects, under this title shall be presumed to be correct unless proven otherwise by clear and convincing evidence.CommentsClose CommentsPermalink





(b) Limitation on Other Review- Any action of the Secretary that is subject to judicial review under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.CommentsClose CommentsPermalink

SEC. 208. FEDERAL AND STATE DISTRIBUTION OF REVENUES.

(a) In General- Notwithstanding any other provision of law, of the amount of adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this title for each fiscal year--CommentsClose CommentsPermalink





(1) 50 percent shall be paid to the State of Alaska; andCommentsClose CommentsPermalink





(2) except as provided in section 211(d), the balance shall be--CommentsClose CommentsPermalink





(A) used to offset the provisions of this Act; andCommentsClose CommentsPermalink





(B) after making the offsets under subparagraph (A), transferred to the ANWR Alternative Energy Trust Fund established by section 212.CommentsClose CommentsPermalink





(b) Payments to Alaska- Payments to the State of Alaska under this section shall be made semiannually.CommentsClose CommentsPermalink

SEC. 209. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

(a) In General- The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas--CommentsClose CommentsPermalink





(1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act (30 U.S.C. 185), without regard to title XI of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3161 et seq.); andCommentsClose CommentsPermalink





(2) under title XI of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3161 et seq.), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170, 3171).CommentsClose CommentsPermalink





(b) Terms and Conditions- The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines.CommentsClose CommentsPermalink





(c) Regulations- The Secretary shall include in regulations under section 202(f) provisions granting rights-of-way and easements described in subsection (a).CommentsClose CommentsPermalink

SEC. 210. CONVEYANCE.

Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on title to land, and to clarify land ownership patterns in the Coastal Plain, the Secretary shall--CommentsClose CommentsPermalink





(1) to the extent necessary to fulfill the entitlement of the Kaktovik Inupiat Corporation under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), as determined by the Secretary, convey to that Corporation the surface estate of the land described in paragraph (1) of Public Land Order 6959, in accordance with the terms and conditions of the agreement between the Secretary, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation, dated January 22, 1993; andCommentsClose CommentsPermalink





(2) convey to the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under the agreement between that corporation and the United States, dated August 9, 1983.CommentsClose CommentsPermalink

SEC. 211. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.

(a) Financial Assistance Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may use amounts available from the Coastal Plain Local Government Impact Aid Assistance Fund established by subsection (d) to provide timely financial assistance to entities that are eligible under paragraph (2).CommentsClose CommentsPermalink





(2) ELIGIBLE ENTITIES- The North Slope Borough, the City of Kaktovik, and any other borough, municipal subdivision, village, or other community in the State of Alaska that is directly impacted by exploration for, or the production of, oil or gas on the Coastal Plain under this title, as determined by the Secretary, shall be eligible for financial assistance under this section.CommentsClose CommentsPermalink





(b) Use of Assistance- Financial assistance under this section may be used only--CommentsClose CommentsPermalink





(1) to plan for mitigation, implement a mitigation plan, or maintain a mitigation project to address the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence resources of the community;CommentsClose CommentsPermalink





(2) to develop, carry out, and maintain--CommentsClose CommentsPermalink





(A) a project to provide new or expanded public facilities; orCommentsClose CommentsPermalink





(B) services to address the needs and problems associated with the effects described in paragraph (1), including firefighting, police, water and waste treatment, first responder, and other medical services; andCommentsClose CommentsPermalink





(3) to establish a local coordination office, to be managed by the Mayor of the North Slope Borough, in coordination with the City of Kaktovik, Alaska--CommentsClose CommentsPermalink





(A) to coordinate with and advise developers on local conditions and the history of areas affected by development; andCommentsClose CommentsPermalink





(B) to provide to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate annual reports on the status of the coordination between developers and communities affected by development.CommentsClose CommentsPermalink





(c) Application-CommentsClose CommentsPermalink





(1) IN GENERAL- Any community that is eligible for assistance under this section may submit an application for such assistance to the Secretary, in such form and under such procedures as the Secretary may prescribe by regulation.CommentsClose CommentsPermalink





(2) NORTH SLOPE BOROUGH COMMUNITIES- A community located in the North Slope Borough may apply for assistance under this section either directly to the Secretary or through the North Slope Borough.CommentsClose CommentsPermalink





(3) APPLICATION ASSISTANCE- The Secretary shall work closely with and assist the North Slope Borough and other communities eligible for assistance under this section in developing and submitting applications for assistance under this section.CommentsClose CommentsPermalink





(d) Establishment of Fund-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established in the Treasury the ‘Coastal Plain Local Government Impact Aid Assistance Fund’ (referred to in this section as the ‘Fund’).CommentsClose CommentsPermalink





(2) USE- Amounts in the Fund may be used only for providing financial assistance under this section.CommentsClose CommentsPermalink





(3) DEPOSITS- Subject to paragraph (4), there shall be deposited into the Fund amounts received by the United States as revenues derived from rents, bonuses, and royalties from Federal leases and lease sales authorized under this title.CommentsClose CommentsPermalink





(4) LIMITATION ON DEPOSITS- The total amount in the Fund may not exceed $11,000,000.CommentsClose CommentsPermalink





(5) INVESTMENT OF BALANCES- The Secretary of the Treasury shall invest amounts in the Fund in interest bearing government securities.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated to the Secretary from the Fund to provide financial assistance under this section $5,000,000 for each fiscal year.CommentsClose CommentsPermalink

SEC. 212. ANWR ALTERNATIVE ENERGY TRUST FUND.

(a) Establishment of Trust Fund- There is established in the Treasury of the United States a trust fund to be known as the ‘ANWR Alternative Energy Trust Fund’, consisting of such amounts as may be transferred to the ANWR Alternative Energy Trust Fund as provided in section 208(a)(2).CommentsClose CommentsPermalink





(b) Expenditures From ANWR Alternative Energy Trust Fund-CommentsClose CommentsPermalink





(1) IN GENERAL- Amounts in the ANWR Alternative Energy Trust Fund shall be available without further appropriation to carry out specified provisions of the Energy Policy Act of 2005 (Public Law 109-58; referred to in this section as ‘EPAct2005’) and the Energy Independence and Security Act of 2007 (Public Law 110-140; referred to in this section as ‘EISAct2007’) as follows:CommentsClose CommentsPermalink

------------------------------------CommentsClose CommentsPermalink

------------------------------------CommentsClose CommentsPermalink

EPAct2005:                          CommentsClose CommentsPermalink

Section 210             1.5 percent CommentsClose CommentsPermalink

Section 242             1.0 percent CommentsClose CommentsPermalink

Section 369             2.0 percent CommentsClose CommentsPermalink

Section 401             6.0 percent CommentsClose CommentsPermalink

Section 812             6.0 percent CommentsClose CommentsPermalink

Section 931            19.0 percent CommentsClose CommentsPermalink

Section 942             1.5 percent CommentsClose CommentsPermalink

Section 962             3.0 percent CommentsClose CommentsPermalink

Section 968             1.5 percent CommentsClose CommentsPermalink

Section 1704            6.0 percent CommentsClose CommentsPermalink

EISAct2007:                         CommentsClose CommentsPermalink

Section 207            15.0 percent CommentsClose CommentsPermalink

Section 607             1.5 percent CommentsClose CommentsPermalink

Title VI, Subtitle B    3.0 percent CommentsClose CommentsPermalink

Title VI, Subtitle C    1.5 percent CommentsClose CommentsPermalink

Section 641             9.0 percent CommentsClose CommentsPermalink

Title VII, Subtitle A  10.0 percent CommentsClose CommentsPermalink

Section 1112            1.5 percent CommentsClose CommentsPermalink

Section 1304          11.0 percent. CommentsClose CommentsPermalink

------------------------------------CommentsClose CommentsPermalink

(2) APPORTIONMENT OF EXCESS AMOUNT- Notwithstanding paragraph (1), any amounts allocated under paragraph (1) that are in excess of the amounts authorized in the applicable cited section or subtitle of EPAct2005 and EISAct2007 shall be reallocated to the remaining sections and subtitles cited in paragraph (1), up to the amounts otherwise authorized by law to carry out those sections and subtitles, in proportion to the amounts authorized by law to be appropriated for those other sections and subtitles.CommentsClose CommentsPermalink

TITLE III--REGULATORY STREAMLININGCommentsClose CommentsPermalink

SEC. 301. COMMERCIAL LEASING PROGRAM FOR OIL SHALE RESOURCES ON PUBLIC LAND.

Subsection (e) of the Oil Shale, Tar Sands, and Other Strategic Unconventional Fuels Act of 2005 (42 U.S.C. 15927(e)) is amended--CommentsClose CommentsPermalink





(1) in the first sentence, by striking ‘Not later’ and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later’;CommentsClose CommentsPermalink





(2) in the second sentence--CommentsClose CommentsPermalink





(A) by striking ‘If the Secretary’ and inserting the following:CommentsClose CommentsPermalink





‘(2) LEASE SALES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If the Secretary’; andCommentsClose CommentsPermalink





(B) by striking ‘may’ and inserting ‘shall’;CommentsClose CommentsPermalink





(3) in the last sentence, by striking ‘Evidence of interest’ and inserting the following:CommentsClose CommentsPermalink





‘(B) EVIDENCE OF INTEREST- Evidence of interest’; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) SUBSEQUENT LEASE SALES- During any period for which the Secretary determines that there is sufficient support and interest in a State in the development of tar sands and oil shale resources, the Secretary shall--CommentsClose CommentsPermalink





‘(i) at least annually, consult with the persons described in paragraph (1) to expedite the commercial leasing program for oil shale resources on public land in the State; andCommentsClose CommentsPermalink





‘(ii) at least once every 270 days, conduct a lease sale in the State under the commercial leasing program regulations.’.CommentsClose CommentsPermalink

SEC. 302. LICENSING OF NEW NUCLEAR POWER PLANTS.

(a) Construction Permits and Operating Licenses- Section 185 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2235(b)) is amended in the first sentence by striking ‘holding a public hearing’ and inserting ‘any public hearing held’.CommentsClose CommentsPermalink





(b) Hearings and Judicial Review- Section 189 a.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)(1)(A)) is amended--CommentsClose CommentsPermalink





(1) by striking the second sentence; andCommentsClose CommentsPermalink





(2) in the third sentence--CommentsClose CommentsPermalink





(A) by striking ‘In cases’ and all that follows through ‘hearing, The’ and inserting ‘The’; andCommentsClose CommentsPermalink





(B) by striking ‘an operating license’ and inserting ‘a construction permit, an operating license,’.CommentsClose CommentsPermalink

SEC. 303. JURISDICTION OVER COVERED ENERGY PROJECTS.

(a) Definition of Covered Energy Project- In this section, the term ‘covered energy project’ means any action or decision by a Federal official regarding--CommentsClose CommentsPermalink





(1) the leasing of Federal land (including submerged land) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, including actions and decisions regarding the selection or offering of Federal land for such leasing; orCommentsClose CommentsPermalink





(2) any action under such a lease, except that this section and Act shall not apply to a dispute between the parties to a lease entered into a provision of law authorizing the lease regarding obligations under the lease or the alleged breach of the lease.CommentsClose CommentsPermalink





(b) Exclusive Jurisdiction Over Causes and Claims Relating to Covered Energy Projects- Notwithstanding any other provision of law, the United States District Court for the District of Columbia shall have exclusive jurisdiction to hear all causes and claims under this section or any other Act that arise from any covered energy project.CommentsClose CommentsPermalink





(c) Time for Filing Complaint-CommentsClose CommentsPermalink





(1) IN GENERAL- Each case or claim described in subsection (b) shall be filed not later than the end of the 60-day period beginning on the date of the action or decision by a Federal official that constitutes the covered energy project concerned.CommentsClose CommentsPermalink





(2) PROHIBITION- Any cause or claim described in subsection (b) that is not filed within the time period described in paragraph (1) shall be barred.CommentsClose CommentsPermalink





(d) District Court for the District of Columbia Deadline-CommentsClose CommentsPermalink





(1) IN GENERAL- Each proceeding that is subject to subsection (b) shall--CommentsClose CommentsPermalink





(A) be resolved as expeditiously as practicable and in any event not more than 180 days after the cause or claim is filed; andCommentsClose CommentsPermalink





(B) take precedence over all other pending matters before the district court.CommentsClose CommentsPermalink





(2) FAILURE TO COMPLY WITH DEADLINE- If an interlocutory or final judgment, decree, or order has not been issued by the district court by the deadline required under this section, the cause or claim shall be dismissed with prejudice and all rights relating to the cause or claim shall be terminated.CommentsClose CommentsPermalink





(e) Ability To Seek Appellate Review- An interlocutory or final judgment, decree, or order of the district court under this section may be reviewed by no other court except the Supreme Court.CommentsClose CommentsPermalink





(f) Deadline for Appeal to the Supreme Court- If a writ of certiorari has been granted by the Supreme Court pursuant to subsection (e), the interlocutory or final judgment, decree, or order of the district court shall be resolved as expeditiously as practicable and in any event not more than 180 days after the interlocutory or final judgment, decree, order of the district court is issued.CommentsClose CommentsPermalink

SEC. 304. ENVIRONMENTAL IMPACT STATEMENTS.

Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL IMPACT STATEMENTS.

‘(a) Completion-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding any other provision of law, each review carried out under section 102(2)(C) with respect to any action taken under any provision of law, or for which funds are made available under any provision of law, shall be completed not later than the date that is 270 days after the commencement of the review.CommentsClose CommentsPermalink





‘(2) FAILURE TO COMPLETE REVIEW- If a review described in paragraph (1) has not been completed for an action subject to section 102(2)(C) by the date specified in paragraph (1)--CommentsClose CommentsPermalink





‘(A) the action shall be considered to have no significant impact described in section 102(2)(C); andCommentsClose CommentsPermalink





‘(B) that classification shall be considered to be a final agency action.CommentsClose CommentsPermalink





‘(b) Lead Agency- The lead agency for a review of an action under this section shall be the Federal agency to which funds are made available for the action.CommentsClose CommentsPermalink





‘(c) Review-CommentsClose CommentsPermalink





‘(1) ADMINISTRATIVE APPEALS- There shall be a single administrative appeal for each review carried out pursuant to section 102(2)(C).CommentsClose CommentsPermalink





‘(2) JUDICIAL REVIEW-CommentsClose CommentsPermalink





‘(A) IN GENERAL- On resolution of the administrative appeal, judicial review of the final agency decision after exhaustion of administrative remedies shall lie with the United States Court of Appeals for the District of Columbia Circuit.CommentsClose CommentsPermalink





‘(B) ADMINISTRATIVE RECORD- An appeal to the court described in subparagraph (A) shall be based only on the administrative record.CommentsClose CommentsPermalink





‘(C) PENDENCY OF JUDICIAL REVIEW- After an agency has made a final decision with respect to a review carried out under this subsection, the decision shall be effective during the course of any subsequent appeal to a court described in subparagraph (A).CommentsClose CommentsPermalink





‘(3) CIVIL ACTION- Each civil action covered by this section shall be considered to arise under the laws of the United States.’.CommentsClose CommentsPermalink

SEC. 305. CLEAN AIR REGULATION.

(a) Regulation of Greenhouse Gases- Section 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(g) The term’ and inserting the following:CommentsClose CommentsPermalink





‘(g) Air Pollutant-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The term’;CommentsClose CommentsPermalink





(2) by striking ‘Such term’ and inserting the following:CommentsClose CommentsPermalink





‘(2) INCLUSIONS- The term ‘air pollutant’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) EXCLUSIONS- The term ‘air pollutant’ does not include carbon dioxide, methane from agriculture or livestock, or water vapor.’.CommentsClose CommentsPermalink





(b) Emission Waivers- The Administrator of the Environmental Protection Agency shall not grant to any State any waiver of Federal preemption of motor vehicle standards under section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)) for preemption under that Act for any regulation of the State to control greenhouse gas emissions from motor vehicles.CommentsClose CommentsPermalink

SEC. 306. ENDANGERED SPECIES.

(a) Emergencies- Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(k) Emergencies- On the declaration of an emergency by the Governor of a State, the Secretary shall, for the duration of the emergency, temporarily exempt from the prohibition against taking, and the prohibition against the adverse modification of critical habitat, under this Act any action that is reasonably necessary to avoid or ameliorate the impact of the emergency, including the operation of any water supply or flood control project by a Federal agency.’.CommentsClose CommentsPermalink





(b) Prohibition of Consideration of Impact of Greenhouse Gas-CommentsClose CommentsPermalink





(1) IN GENERAL- The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 19. PROHIBITION OF CONSIDERATION OF IMPACT OF GREENHOUSE GAS.

‘(a) Definition of Greenhouse- In this section, the term ‘greenhouse gas’ means any of--CommentsClose CommentsPermalink





‘(1) carbon dioxide;CommentsClose CommentsPermalink





‘(2) methane;CommentsClose CommentsPermalink





‘(3) nitrous oxide;CommentsClose CommentsPermalink





‘(4) sulfur hexafluoride;CommentsClose CommentsPermalink





‘(5) a hydrofluorocarbon;CommentsClose CommentsPermalink





‘(6) a perfluorocarbon; orCommentsClose CommentsPermalink





‘(7) any other anthropogenic gas designated by the Secretary for purposes of this section.CommentsClose CommentsPermalink





‘(b) Impact of Greenhouse Gas- The impact of greenhouse gas on any species of fish or wildlife or plant shall not be considered for any purpose in the implementation of this Act.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- The table of contents in the first section of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘Sec. 18. Annual cost analysis by the Fish and Wildlife Service.CommentsClose CommentsPermalink





‘Sec. 19. Prohibition of consideration of impact of greenhouse gas.’.CommentsClose CommentsPermalink