U.S. Congress - Text of H.R.1287 as Introduced in House 3-D, Domestic Jobs, Domestic Energy, and Deficit Reduction Act of 2011
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Donate NowH.R.1287 - 3-D, Domestic Jobs, Domestic Energy, and Deficit Reduction Act of 2011
To stimulate the economy, produce domestic energy, 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.
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HR 1287 IHCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 1287CommentsClose CommentsPermalink
To stimulate the economy, produce domestic energy, 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
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
March 31, 2011CommentsClose CommentsPermalink
March 31, 2011CommentsClose CommentsPermalink
Mr. BISHOP of Utah (for himself, Mrs. BLACKBURN, Mr. BROUN of Georgia, Mr. BURTON of Indiana, Mr. CARTER, Mr. COFFMAN of Colorado, Mr. DUNCAN of Tennessee, Mr. FLEMING, Mr. GALLEGLY, Mr. HARRIS, Mr. HELLER, Mr. HERGER, Mr. HUELSKAMP, Mr. JOHNSON of Ohio, Mr. LANDRY, Mr. LATTA, Mr. LAMBORN, Mrs. LUMMIS, Mrs. MCMORRIS RODGERS, Mr. NUNES, Mr. PEARCE, Mr. PENCE, Mr. POSEY, Mr. ROE of Tennessee, Mr. SIMPSON, Mr. WALBERG, and Mr. YOUNG of Alaska) 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, Science, Space, and Technology, and Transportation and Infrastructure, 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
A BILLCommentsClose CommentsPermalink
To stimulate the economy, produce domestic energy, 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 ‘3-D, Domestic Jobs, Domestic Energy, and Deficit Reduction Act of 2011’.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. Applications for permits to drill.CommentsClose CommentsPermalink
Sec. 104. Lease sales for certain areas.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. Rights-of-way across the Coastal plain.CommentsClose CommentsPermalink
Sec. 209. Conveyance.CommentsClose CommentsPermalink
Sec. 210. 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. Jurisdiction over covered energy projects.CommentsClose CommentsPermalink
Sec. 303. Environmental impact statements.CommentsClose CommentsPermalink
Sec. 304. Clean air regulation.CommentsClose CommentsPermalink
Sec. 305. Employment effects of actions under Clean Air Act.CommentsClose CommentsPermalink
Sec. 306. Endangered species.CommentsClose CommentsPermalink
Sec. 307. Reissuance of permits and leases.CommentsClose CommentsPermalink
Sec. 308. Central Valley Project.CommentsClose CommentsPermalink
Sec. 309. Keystone XL pipeline.CommentsClose CommentsPermalink
Sec. 310. Beaufort Sea oil drilling project.CommentsClose CommentsPermalink
Sec. 311. Environmental legal fees.CommentsClose CommentsPermalink
TITLE I--OUTER CONTINENTAL SHELF LEASINGCommentsClose 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 (
(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 (
SEC. 102. LEASE SALES.
(a) In General- Except as otherwise provided in this section, not later than 180 days after the date of enactment of this Act and every 270 days thereafter, the Secretary 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
(b) Subsequent Determinations and Sales- If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this section, not later than 2 years after the date of enactment of the determination and every 2 years thereafter, the Secretary shall--CommentsClose CommentsPermalink
(1) 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
(2) if the Secretary determines that there is a commercial interest described in subsection (a), conduct a lease sale in the planning area.CommentsClose CommentsPermalink
(c) Exclusion From 5-Year Lease Program- If a planning area for which there is a commercial interest described in subsection (a) was not included in a 5-year lease program, the Secretary shall include leasing in the planning area in the subsequent 5-year lease program.CommentsClose CommentsPermalink
(d) Petitions- If a person petitions the Secretary to conduct a lease sale for an outer Continental Shelf planning area in which the person has a commercial interest, not later than 60 days after the date of receipt of the petition, the Secretary shall conduct a lease sale for the area.CommentsClose CommentsPermalink
SEC. 103. APPLICATIONS FOR PERMITS TO DRILL.
Section 5 of the Outer Continental Shelf Lands Act (
‘(k) Applications for Permits to Drill-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to paragraph (2), the Secretary shall approve or disapprove an application for a permit to drill submitted under this Act not later than 20 days after the date the application is submitted to the Secretary.CommentsClose CommentsPermalink
‘(2) DISAPPROVAL- If the Secretary disapproves an application for a permit to drill submitted under paragraph (1), the Secretary shall--CommentsClose CommentsPermalink
‘(A) provide to the applicant a description of the reasons for the disapproval of the application;CommentsClose CommentsPermalink
‘(B) allow the applicant to resubmit an application during the 10-day period beginning on the date of the receipt of the description by the applicant; andCommentsClose CommentsPermalink
‘(C) approve or disapprove any resubmitted application not later than 10 days after the date the application is submitted to the Secretary.’.CommentsClose CommentsPermalink
SEC. 104. LEASE SALES FOR CERTAIN AREAS.
(a) In General- As soon as practicable but not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall hold--CommentsClose CommentsPermalink
(1) Lease Sale 216 for areas in the Central Gulf of Mexico;CommentsClose CommentsPermalink
(2) Lease Sale 218 for areas in the Western Gulf of Mexico;CommentsClose CommentsPermalink
(3) Lease Sale 220 for areas offshore the State of Virginia; andCommentsClose CommentsPermalink
(4) Lease Sale 222 for areas in the Central Gulf of Mexico.CommentsClose CommentsPermalink
(b) Compliance With Other Laws- For purposes of the Lease Sales described in subsection (a), the Environmental Impact Statement for the 2007-2015-Year OCS Plan and the applicable Multi-Sale Environmental Impact Statement shall be considered to satisfy the National Environmental Policy Act of 1969 (
(c) Energy Projects in the Gulf of Mexico-CommentsClose CommentsPermalink
(1) JURISDICTION- The United States Court of Appeals for the Fifth Circuit shall have exclusive jurisdiction over challenges to offshore energy projects and permits to drill carried out in the Gulf of Mexico.CommentsClose CommentsPermalink
(2) FILING DEADLINE- Any civil action to challenge a project or permit described in paragraph (1) shall be filed not later than 60 days after the date of approval of the project or the issuance of the permit.CommentsClose CommentsPermalink
TITLE II--LEASING PROGRAM FOR LAND WITHIN COASTAL PLAINCommentsClose 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 (
(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 (
(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 (
(2) CONFORMING AMENDMENT- The table of contents contained in section 1 of that Act (
(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 (
(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 (
(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; andCommentsClose 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.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 (
(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. 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 (
(2) under title XI of the Alaska National Interest Lands Conservation Act (
(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. 209. CONVEYANCE.
Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (
(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 (
(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. 210. ANWR ALTERNATIVE ENERGY TRUST FUND.
(a) Source of Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2) and 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, 50 percent shall be paid to the ANWR Alternative Energy Trust Fund established under subsection (b).CommentsClose CommentsPermalink
(2) TRANSFERS-CommentsClose CommentsPermalink
(A) IN GENERAL- A transfer to the ANWR Alternative Energy Trust Fund shall be made for a fiscal year under paragraph (1) only if the total amount of revenues in the Federal budget for the fiscal year exceeds the total amount of expenditures under the budget for the fiscal year.CommentsClose CommentsPermalink
(B) DEBT REDUCTION- If the total amount of revenues in the Federal budget for a fiscal year does not exceed the total amount of expenditures under the budget for the fiscal year, all adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this title for the fiscal year--CommentsClose CommentsPermalink
(i) shall be used to reduce the Federal budget deficit; andCommentsClose CommentsPermalink
(ii) shall not be used to offset any other expenditures.CommentsClose CommentsPermalink
(b) 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 subsection (a).CommentsClose CommentsPermalink
(c) 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 (
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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
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(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
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 (
(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. 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. 303. ENVIRONMENTAL IMPACT STATEMENTS.
Title I of the National Environmental Policy Act of 1969 (
‘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
‘(3) UNEMPLOYMENT RATE- If the national unemployment rate is 5 percent or more, the lead agency conducting a review of an action under this section shall use the most expeditious means authorized under this title to conduct the review.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. 304. CLEAN AIR REGULATION.
(a) Regulation of Greenhouse Gases- Section 302(g) of the Clean Air Act (
(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 (
SEC. 305. EMPLOYMENT EFFECTS OF ACTIONS UNDER CLEAN AIR ACT.
Section 321(b) of the Clean Air Act (
(1) by designating the first through eighth sentences as paragraphs (1) through (8), respectively; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(9) ECONOMIC ANALYSIS- Not later than 30 days before conducting a public hearing or providing notice of a determination that a hearing is not necessary with respect to a requirement described in paragraph (1), the Administrator shall--CommentsClose CommentsPermalink
‘(A) conduct a full economic analysis of the requirement; andCommentsClose CommentsPermalink
‘(B) make the results of the analysis available to the public.CommentsClose CommentsPermalink
‘(10) ECONOMIC REVIEW BOARD-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 30 days after the date on which the Administrator makes the results of an economic analysis of a requirement available to the public under paragraph (9)(B), the Secretary of Commerce shall establish an economic review board consisting of a representative from each Federal agency with jurisdiction over affected industries to assess--CommentsClose CommentsPermalink
‘(i) the cumulative economic impact of the requirement, including the direct, indirect, quantifiable, and qualitative effects;CommentsClose CommentsPermalink
‘(ii) the cost of compliance with the requirement;CommentsClose CommentsPermalink
‘(iii) the effect of the requirement on the retirement or closure of domestic businesses;CommentsClose CommentsPermalink
‘(iv) the direct and indirect adverse impacts on the economies of local communities that are projected to result from the requirement;CommentsClose CommentsPermalink
‘(v) energy sectors that could be expected to retire units as a result of the requirement;CommentsClose CommentsPermalink
‘(vi) the impact of the requirement on the price of electricity, oil, gas, coal, and renewable resources;CommentsClose CommentsPermalink
‘(vii) the economic harm to consumers resulting from the requirement;CommentsClose CommentsPermalink
‘(viii) the impact of the requirement on the ability of industries and businesses in the United States to compete with industries and businesses in other countries, with respect to competitiveness in both domestic and foreign markets;CommentsClose CommentsPermalink
‘(ix) the regions of the United States that are forecasted to be--CommentsClose CommentsPermalink
‘(I) most affected from the direct and indirect adverse impacts of the requirement from the retirement of impacted units and increased prices for retail electricity, transportation fuels, heating oil, and petrochemicals; andCommentsClose CommentsPermalink
‘(II) least affected from adverse impacts described in subclause (I) due to the creation of new jobs and economic growth that are expected to result directly and indirectly from energy construction projects;CommentsClose CommentsPermalink
‘(x) the adverse impacts of the requirement on electric reliability that are expected to result from the retirement of electric generation;CommentsClose CommentsPermalink
‘(xi) the geographical distribution of the projected adverse electric reliability impacts of the requirement;CommentsClose CommentsPermalink
‘(xii) Federal, State, and local policies that have been or will be implemented to support energy infrastructure in the United States, including policies that promote fuel diversity, affordable and reliable electricity, and energy security; andCommentsClose CommentsPermalink
‘(xiii) other direct and indirect impacts that are expected to result from the cumulative obligation to comply with the requirement.CommentsClose CommentsPermalink
‘(B) REPORT- Not later than 30 days after the date on which the economic review board completes the assessment of a requirement under subparagraph (A), the economic review board shall submit to Congress, the President, and the Secretary a report that describes the results of the assessment.CommentsClose CommentsPermalink
‘(C) REGULATIONS- The Administrator shall not promulgate regulations to implement a requirement described in paragraph (1) until at least 60 days after the date of submission of the report on the requirement under subparagraph (B).’.CommentsClose CommentsPermalink
SEC. 306. ENDANGERED SPECIES.
(a) Emergencies- Section 10 of the Endangered Species Act of 1973 (
‘(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 (
‘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
SEC. 307. REISSUANCE OF PERMITS AND LEASES.
(a) Environmental Protection Agency- Not later than 30 days after the date of enactment of this Act, the Administrator of the Environment Protection Agency shall approve the specification of the areas described in the notice entitled ‘Final Determination of the Assistant Administrator for Water Pursuant to Section 404(c) of the Clean Water Act Concerning the Spruce No. 1 Mine, Logan County, WV’ (76 Fed. Reg. 3126; January 19. 2011), with no further review or analysis.CommentsClose CommentsPermalink
(b) Department of the Interior- Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior shall issue or reissue, with no further review or analysis, each lease for the production of oil or gas in the State of Utah was cancelled during any of calendar years 2009 through 2011.CommentsClose CommentsPermalink
SEC. 308. CENTRAL VALLEY PROJECT.
The Act of August 27, 1954 (68 Stat. 879, chapter 1012;
‘SEC. 9. EFFECT OF BIOLOGICAL OPINIONS.
‘Notwithstanding any other provision of law, in connection with the Central Valley Project, the Bureau of Reclamation and an agency of the State of California operating a water project in connection with the Project shall not restrict operations of an applicable project pursuant to any biological opinion issued under the Endangered Species Act of 1973 (
16 U.S.C. 1531 et seq.), if the restriction would result in a level of allocation of water that is less than the historical maximum level of allocation of water under the project.’.CommentsClose CommentsPermalink
SEC. 309. KEYSTONE XL PIPELINE.
(a) In General- The Secretary of State (referred to in this section as the ‘Secretary’) shall take such actions as are necessary to expedite the permit request for the Keystone XL pipeline that is pending on the date of enactment of this Act (referred to in this section as the ‘pipeline’) in accordance with this section.CommentsClose CommentsPermalink
(b) Greenhouse Gas Impacts- The Secretary shall not consider greenhouse gas impacts during the permit review process for the pipeline.CommentsClose CommentsPermalink
(c) NEPA Compliance- Effective beginning on the date that is 120 days after the date of enactment of this Act, the pipeline project shall be considered in compliance with the National Environmental Policy Act of 1969 (
(d) Additional Routes- In conducting the permit review process, the Secretary shall consider additional routes for the pipeline, including routes that are parallel to the United States portions of Keystone 1.CommentsClose CommentsPermalink
(e) Permit Review- Not later than 120 days after the date of enactment of this Act, the Secretary shall complete the permit review for the pipeline.CommentsClose CommentsPermalink
(f) Decision- Not later than 125 days after the date of enactment of this Act, the Secretary shall issue a decision on the permit for the pipeline.CommentsClose CommentsPermalink
SEC. 310. BEAUFORT SEA OIL DRILLING PROJECT.
Not later than 30 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall issue a permit under the Clean Air Act (
SEC. 311. ENVIRONMENTAL LEGAL FEES.
‘(g) Environmental Legal Fees- Notwithstanding section 1304 of title 31, no award may be made under this section and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any legal fees of an environmental nongovernmental organization related to an action that (with respect to the United States)--CommentsClose CommentsPermalink
‘(1) prevents, terminates, or reduces access to or the production of--CommentsClose CommentsPermalink
‘(A) energy;CommentsClose CommentsPermalink
‘(B) a mineral resource;CommentsClose CommentsPermalink
‘(C) water by agricultural producers;CommentsClose CommentsPermalink
‘(D) a resource by commercial or recreational fishermen; orCommentsClose CommentsPermalink
‘(E) grazing or timber production on Federal land;CommentsClose CommentsPermalink
‘(2) diminishes the private property value of a property owner; orCommentsClose CommentsPermalink
‘(3) eliminates or prevents 1 or more jobs.’.CommentsClose CommentsPermalink
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