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S.17 - Energy Production and Project Delivery Act of 2013
A bill 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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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
Mr. VITTER (for himself, Mr. BARRASSO, Mr. BLUNT, Mr. CHAMBLISS, Mr. COATS, Mr. COCHRAN, Mr. CORNYN, Mr. CRAPO, Mr. CRUZ, Mr. ENZI, Mr. HELLER, Mr. HOEVEN, Mr. INHOFE, Mr. ISAKSON, Mr. JOHNSON of Wisconsin, Mr. RISCH, Mr. SHELBY, Mr. TOOMEY, Mr. WICKER, Mr. SESSIONS, Mr. LEE, and Mr. JOHANNS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose 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
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
TITLE I--OUTER CONTINENTAL SHELF LEASING
TITLE II--LEASING PROGRAM FOR LAND WITHIN COASTAL PLAIN
TITLE III--REGULATORY STREAMLINING
SEC. 101. EXTENSION OF LEASING PROGRAM.
(a) In General- Subject to subsection (c), 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 applicable to the period described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 (
(d) Eastern Gulf of Mexico Not Included- Nothing in this section affects restrictions on oil and gas leasing under the Gulf of Mexico Energy Security Act of 2006 (
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
(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, the Secretary shall conduct a lease sale for the area in accordance with subsection (a).CommentsClose CommentsPermalink
SEC. 103. APPLICATIONS FOR PERMITS TO DRILL.
‘(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
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 Lease Sale 220 for areas offshore of the State of Virginia.CommentsClose CommentsPermalink
(b) Compliance With Other Laws- For purposes of the Lease Sales described in subsection (a), the Environmental Impact Statement for the 2010-2015-Year OCS Plan and the applicable Multi-Sale Environmental Impact Statement shall be considered to satisfy the National Environmental Policy Act of 1969 (
(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
SEC. 105. DISPOSITION OF REVENUES.
‘(5) COASTAL STATE- The term ‘coastal State’ means a State with a coastal seaward boundary within 200 nautical miles distance of the geographical center of a leased tract in--CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘qualified outer Continental Shelf revenues’ means all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after--CommentsClose CommentsPermalink
‘(I) to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (
16 U.S.C. 460l-8), which shall be considered to be income to the Land and Water Conservation Fund for purposes of section 2 of that Act ( 16 U.S.C. 460l-5), to a maximum amount of $125,000,000; andCommentsClose CommentsPermalink
‘(ii) beginning in fiscal year 2024, of the qualified outer Continental Shelf revenues described in section 102(10)(A)(ii), to the Highway Trust Fund (other than the Mass Transit Account).’;CommentsClose CommentsPermalink
(ii) in subparagraph (A), in the matter preceding clause (i), by striking ‘fiscal year 2017 and each fiscal year thereafter’ and inserting ‘each of fiscal years 2017 through 2023’;CommentsClose CommentsPermalink
‘(A) IN GENERAL- Subject to subparagraph (B), effective for fiscal years 2024 and each fiscal year thereafter, the amount made available under subsection (a)(2)(A) shall be allocated to each coastal State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each coastal State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract.CommentsClose CommentsPermalink
‘(B) MINIMUM ALLOCATION- The amount allocated to a coastal State each fiscal year under subparagraph (A) shall be at least 10 percent of the amounts available under subsection (a)(2)(A).’; andCommentsClose CommentsPermalink
‘(B) in the case of an outer Continental Shelf area in OCS Region State Adjacent Zones and OCS Planning Areas other than the Zones and Areas described in subparagraph (A), for each of fiscal years 2024 through 2055, $500,000,000 for each such area located in--CommentsClose CommentsPermalink
SEC. 201. DEFINITIONS.
(A) by individuals chosen by the National Academy of Sciences with no contractual relationship with, or those who have no application for a grant or other funding pending with, the Federal agency with leasing jurisdiction; orCommentsClose CommentsPermalink
(B) if individuals described in subparagraph (A) are not available, by the top individuals in the specified biological fields, as determined by the National Academy of Sciences.CommentsClose CommentsPermalink
SEC. 202. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.
(1) to establish and implement, in accordance with this title and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in the exploration, development, and production of the oil and gas resources of the Coastal Plain; andCommentsClose CommentsPermalink
(2) to administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that 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, including, in furtherance of this goal, by requiring 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
(1) COMPATIBILITY- For purposes of the National Wildlife Refuge System Administration Act of 1966 (
(2) ADEQUACY OF THE DEPARTMENT OF THE INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT STATEMENT- The ‘Final Legislative Environmental Impact Statement’ (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act (
(3) COMPLIANCE WITH NEPA FOR OTHER ACTIONS- Before conducting the first lease sale under this title, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this title that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this title shall be completed within 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title.CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres.CommentsClose CommentsPermalink
(2) MANAGEMENT- Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values.CommentsClose CommentsPermalink
(3) EXCLUSION FROM LEASING OR SURFACE OCCUPANCY- The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area.CommentsClose CommentsPermalink
(4) DIRECTIONAL DRILLING- Notwithstanding the other provisions 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 tracts located outside the Special Area.CommentsClose CommentsPermalink
(f) Limitation on Closed Areas- The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this title.CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall prescribe such regulations as may be necessary to carry out this title, including regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this Act.CommentsClose CommentsPermalink
(2) REVISION OF REGULATIONS- The Secretary shall, through a rule making conducted in accordance with
SEC. 203. LEASE SALES.
(a) In General- Lands may be leased under this title to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (
(c) Lease Sale Bids- Lease sales under this title may be conducted through an Internet leasing program, if the Secretary determines that such a system will result in savings to the taxpayer, an increase in the number of bidders participating, and higher returns than oral bidding or a sealed bidding system.CommentsClose CommentsPermalink
(1) The Secretary shall offer for lease under this title 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).CommentsClose CommentsPermalink
(3) The Secretary shall offer for lease under this title no less than an additional 50,000 acres at 6-, 12-, and 18-month intervals following offering under paragraph (2).CommentsClose CommentsPermalink
(4) The Secretary shall conduct four additional sales under the same terms and schedule no later than two years after the date of the last sale under paragraph (3), if sufficient interest in leasing exists to warrant, in the Secretary’s judgment, the conduct of such sales.CommentsClose CommentsPermalink
SEC. 204. GRANT OF LEASES BY THE SECRETARY.
(a) In General- The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted under section 203 any lands to be leased on the Coastal Plain upon payment by the such bidder of such bonus as may be accepted by the Secretary.CommentsClose CommentsPermalink
(b) Subsequent Transfers- No lease issued under this title may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General.CommentsClose CommentsPermalink
SEC. 205. LEASE TERMS AND CONDITIONS.
(1) provide for the payment of a royalty of not less than 12 1/2 percent in amount or value of the production removed or sold under the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases;CommentsClose CommentsPermalink
(2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures;CommentsClose CommentsPermalink
(3) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee;CommentsClose CommentsPermalink
(4) provide that the lessee may not delegate or convey, by contract or otherwise, the 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 lands required to be reclaimed under this title shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as certified by the Secretary;CommentsClose CommentsPermalink
(6) contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 202(a)(2);CommentsClose CommentsPermalink
(7) provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native corporations from throughout the State;CommentsClose CommentsPermalink
(b) Negotiated Labor Agreements- The Secretary, as a term and condition of each lease under this title, shall require that the lessee and its agents and contractors negotiate to obtain an agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease.CommentsClose CommentsPermalink
SEC. 206. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.
(1) this title will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources; andCommentsClose CommentsPermalink
(2) Congress will monitor the deployment of personnel and material onshore and offshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this title through good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources.CommentsClose CommentsPermalink
(b) Requirement- The Secretary of the Interior shall when possible, and practicable, encourage the use of United States workers and equipment manufactured in the United States in all construction related to mineral development on the Coastal Plain.CommentsClose CommentsPermalink
SEC. 207. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized Coastal Plain Activities- The Secretary shall, consistent with the requirements of section 202, administer this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that--CommentsClose CommentsPermalink
(1) 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, 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 amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 10,000 acres on the Coastal Plain for each 100,000 acres of area leased.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, their habitat, subsistence resources, and the environment;CommentsClose CommentsPermalink
(2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); andCommentsClose 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 promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this 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 compliance with all applicable provisions of Federal and State environmental law, and shall also require the following:CommentsClose CommentsPermalink
(1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the ‘Final Legislative Environmental Impact Statement’ (April 1987) on the Coastal Plain.CommentsClose CommentsPermalink
(2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures.CommentsClose CommentsPermalink
(3) That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain.CommentsClose CommentsPermalink
(6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this title, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose.CommentsClose CommentsPermalink
(11) Avoidance, to the extent practicable, of springs, streams, and river systems; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling.CommentsClose CommentsPermalink
(13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law.CommentsClose CommentsPermalink
(e) Considerations- In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following: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 to 37.33 of title 50, Code of Federal Regulations.CommentsClose CommentsPermalink
(3) The land use stipulations for exploratory drilling on the KIC-ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States.CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources.CommentsClose CommentsPermalink
SEC. 208. EXPEDITED JUDICIAL REVIEW.
(ii) in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint.CommentsClose CommentsPermalink
(2) VENUE- Any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title may be filed only in the United States Court of Appeals for the District of Columbia.CommentsClose CommentsPermalink
(3) LIMITATION ON SCOPE OF CERTAIN REVIEW- Judicial review of a Secretarial decision to conduct a lease sale under this title, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with this title and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary.CommentsClose CommentsPermalink
(b) Limitation on Other Review- Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.CommentsClose CommentsPermalink
(c) Limitation on Attorneys’ Fees and Court Costs- No person seeking judicial review of any action under this title shall receive payment from the Federal Government for their attorneys’ fees and other court costs, including under any provision of law enacted by the Equal Access to Justice Act (
SEC. 209. TREATMENT OF REVENUES.
Notwithstanding any other provision of law, 90 percent of the amount of bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this title shall be deposited in the Treasury.CommentsClose CommentsPermalink
SEC. 210. 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 produced under leases under this title--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(g) provisions granting rights-of-way and easements described in subsection (a) of this section.CommentsClose CommentsPermalink
SEC. 211. CONVEYANCE.
In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (
(1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (
(2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America.CommentsClose CommentsPermalink
SEC. 301. JURISDICTION OVER COVERED ENERGY PROJECTS.
(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, except for any such cause or claim arising in the United States Court of Appeals for the Fifth Circuit.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) 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
SEC. 302. 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
SEC. 303. MASTER LEASING PLANS.
(a) In General- Notwithstanding any other provision of law, the Secretary of the Interior, acting through the Bureau of Land Management, shall not establish a master leasing plan as part of any guidance issued by the Secretary.CommentsClose CommentsPermalink
(b) Existing Master Leasing Plans- Instruction Memorandum No. 2010-117 and any other master leasing plan described in subsection (a) issued on or before the date of enactment of this Act shall have no force or effect.CommentsClose CommentsPermalink
SEC. 304. NATIONAL MONUMENTS.
Section 2 of the Act of June 8, 1906 (commonly known as the ‘Antiquities Act of 1906’) (
SEC. 305. CARBON DIOXIDE AND OTHER GREENHOUSE GAS EMISSIONS REDUCTIONS IN CHINA, INDIA, AND RUSSIA.
(1) in 1997, the Senate adopted Senate Resolution 98, 105th Congress, agreed to July 25, 1997, which expressed the sense of the Senate that the United States should not accept any agreement that would mandate new commitments to limit or reduce greenhouse gas emissions by developed countries unless the agreement also mandated new specific scheduled commitments to limit or reduce greenhouse gas emissions by developing countries within the same compliance period; andCommentsClose CommentsPermalink
(2) the Administrator continues to move forward with the regulation of carbon dioxide emissions, however, the People’s Republic of China, India, and the Russian Federation do not impose similar regulations on carbon dioxide emissions.CommentsClose CommentsPermalink
(c) Carbon Dioxide or Greenhouse Gas Emissions Reductions- Notwithstanding any other provision of law, the Administrator or the head of any other Federal agency or department shall not regulate or continue to implement or enforce any regulations, proposals, or actions establishing any carbon dioxide or greenhouse gas emissions reductions until the Administrator, the Administrator of the Energy Information Agency, and the Secretary of Commerce certify in writing that--CommentsClose CommentsPermalink
(1) the People’s Republic of China, India, and the Russian Federation have proposed, implemented, and enforced measures requiring carbon dioxide and other greenhouse gas emissions reductions; andCommentsClose CommentsPermalink
(2) the reductions described in paragraph (1) are substantially similar to the carbon dioxide and other greenhouse gas emission reductions proposed by the Administrator or the head of any other Federal agency or department for the United States.CommentsClose CommentsPermalink
(d) Repeal- Any regulation, proposal, or action in effect before, on, or after the date of enactment of this Act, but before the date on which the certification under subsection (c) is made, that requires any carbon dioxide or other greenhouse gas emissions reduction shall have no force or effect.CommentsClose CommentsPermalink
SEC. 306. EMPLOYMENT EFFECTS OF ACTIONS UNDER CLEAN AIR ACT.
‘(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) 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
‘(vii) 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
‘(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
‘(xi) 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;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. 307. ENDANGERED SPECIES.
‘(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 fighting or preventing forest fires and the building, rebuilding, or operation of any water supply or flood control project by a Federal agency.’.CommentsClose CommentsPermalink
‘SEC. 19. PROHIBITION OF CONSIDERATION OF IMPACT OF GREENHOUSE GASES AND CLIMATE CHANGE.
‘(b) Impact of Greenhouse Gases and Climate Change- The impact of any greenhouse gas or climate change 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. 308. CENTRAL VALLEY PROJECT.
‘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. 1531et 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 PERMIT APPROVAL.
(a) In General- Notwithstanding Executive Order No. 13337 (
(b) Environmental Impact Statement- The final environmental impact statement issued by the Secretary of State on August 26, 2011, regarding the pipeline referred to in subsection (a), shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (
(1) IN GENERAL- Notwithstanding any other provision of law, the route of the Keystone XL pipeline through the State of Nebraska reviewed in the Final Evaluation Report conducted pursuant to Neb. Rev. Stat. Sec. 57-1503(1) and approved by the Governor of the State shall be considered approved.CommentsClose CommentsPermalink
(2) ENVIRONMENTAL IMPACT STATEMENTS- The Final Evaluation Report described in paragraph (1) shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (
(d) Critical Habitat- No area necessary to construct or maintain the Keystone XL pipeline shall be considered critical habitat under the Endangered Species Act of 1973 (
(e) Permits- Any Federal permit or authorization issued before the date of enactment of this Act for the pipeline and cross-border facilities described in subsections (a) and (b), and the related facilities in the United States, shall remain in effect.CommentsClose CommentsPermalink
(f) Federal Judicial Review- The pipeline and cross-border facilities described in subsections (a) and (b), and the related facilities in the United States, that are approved by this section, and any permit, right-of-way, or other action taken to construct or complete the project pursuant to Federal law, shall only be subject to judicial review on direct appeal to the United States Court of Appeals for the District of Columbia Circuit.CommentsClose CommentsPermalink
SEC. 310. DRAKES BAY OYSTER COMPANY.
Notwithstanding any other provision of law (including the memorandum of the Secretary of the Interior dated November 29, 2012, with the subject entitled ‘Point Reyes National Seashore-Drakes Bay Oyster Company’)--CommentsClose CommentsPermalink
(A) reinstate, for a period of not less than 10 years, the reservation of use and occupancy and special use permits to conduct commercial operations within Point Reyes National Seashore in the State of California held by Drakes Bay Oyster Company, which expired on November 30, 2012, subject to the terms and conditions contained in those permits, as in effect on November 29, 2012; andCommentsClose CommentsPermalink