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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4211 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4211

  To prohibit the drawdown of petroleum from the Strategic Petroleum 
        Reserve unless the President has taken certain actions.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2012

Mr. Poe of Texas (for himself and Mr. Burton of Indiana) introduced the 
    following bill; which was referred to the Committee on Natural 
Resources, and in addition to the Committees on Energy and Commerce 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 concerned

_______________________________________________________________________

                                 A BILL

 
  To prohibit the drawdown of petroleum from the Strategic Petroleum 
        Reserve unless the President has taken certain actions.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FEDERAL GOVERNMENT ACTION REQUIRED AS CONDITION FOR DRAWDOWN 
              FROM STRATEGIC PETROLEUM RESERVE.

    No petroleum product may be drawn down and sold or exchanged from 
the Strategic Petroleum Reserve unless the President has taken all of 
the actions required by sections 3 through 8 of this Act.

SEC. 3. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO RESOURCE 
              MANAGEMENT PLANS, AND RECORD OF DECISION.

    (a) Regulations.--The President shall direct the Secretary of the 
Interior and the heads of all other relevant Federal agencies to treat 
the final regulations regarding oil shale management published by the 
Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69,414), 
as satisfying all legal and procedural requirements under any law, 
including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and the Energy Policy Act of 2005 (Public Law 109-58), and the 
Secretary of the Interior shall implement those regulations, including 
the oil shale leasing program authorized by the regulations, without 
any other administrative action necessary.
    (b) Amendments to Resource Management Plans and Record of 
Decision.--Notwithstanding any other law or regulation to the contrary, 
the President shall direct the Secretary of the Interior and the heads 
of all other relevant Federal agencies to treat the November 17, 2008, 
U.S. Bureau of Land Management Approved Resource Management Plan 
Amendments/Record of Decision for Oil Shale and Tar Sands Resources to 
Address Land Use Allocations in Colorado, Utah, and Wyoming and Final 
Programmatic Environmental Impact Statement as satisfying all legal and 
procedural requirements under any law, including the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the 
Energy Policy Act of 2005 (Public Law 109-58), and the Secretary of the 
Interior shall implement the oil shale leasing program authorized by 
the regulations referred to in subsection (a) in those areas covered by 
the resource management plans amended by such amendments, and covered 
by such record of decision, without any other administrative action 
necessary.

SEC. 4. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 216 IN 
              THE CENTRAL GULF OF MEXICO.

    (a) In General.--The President shall direct the Secretary of the 
Interior to conduct offshore oil and gas Lease Sale 216 under section 8 
of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as 
practicable, but not later than 4 months after the date of enactment of 
this Act.
    (b) Environmental Review.--For the purposes of that lease sale, the 
Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and 
the Multi-Sale Environmental Impact Statement are deemed to satisfy the 
requirements of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).

SEC. 5. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 218 IN 
              THE WESTERN GULF OF MEXICO.

    (a) In General.--The President shall direct the Secretary of the 
Interior to conduct offshore oil and gas Lease Sale 218 under section 8 
of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as 
practicable, but not later than 8 months after the date of enactment of 
this Act.
    (b) Environmental Review.--For the purposes of that lease sale, the 
Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and 
the Multi-Sale Environmental Impact Statement are deemed to satisfy the 
requirements of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).

SEC. 6. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 222 IN 
              THE CENTRAL GULF OF MEXICO.

    (a) In General.--The President shall direct the Secretary of the 
Interior to conduct offshore oil and gas Lease Sale 222 under section 8 
of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as 
practicable, but not later than June 1, 2012.
    (b) Environmental Review.--For the purposes of that lease sale, the 
Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and 
the Multi-Sale Environmental Impact Statement are deemed to satisfy the 
requirements of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).

SEC. 7. KEYSTONE XL PIPELINE PERMIT APPROVAL.

    (a) Permit Approval.--The President shall direct the Secretary of 
State to approve the permit described in subsection (b).
    (b) Description of Permit.--The permit approved under subsection 
(a) is the permit with respect to certain energy-related facilities and 
land transportation crossings on the international boundaries of the 
United States for the Keystone XL pipeline project, an application for 
which was filed on September 19, 2008 (including amendments).
    (c) Requirements.--The permit granted under subsection (a) shall 
require the following:
            (1) The permittee shall comply with all applicable Federal 
        and State laws (including regulations) and all applicable 
        industrial codes regarding the construction, connection, 
        operation, and maintenance of the United States facilities.
            (2) The permittee shall take all appropriate measures to 
        prevent or mitigate any adverse environmental impact or 
        disruption of historic properties in connection with the 
        construction, operation, and maintenance of the United States 
        facilities.
            (3) For the purpose of the permit approved under subsection 
        (a) (regardless of any modifications under subsection (d))--
                    (A) the final environmental impact statement issued 
                by the Secretary of State on August 26, 2011, satisfies 
                all requirements of the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of 
                the National Historic Preservation Act (16 U.S.C. 
                470f);
                    (B) any modification required by the Secretary of 
                State to the Plan described in paragraph (4)(A) shall 
                not require supplementation of the final environmental 
                impact statement described in that paragraph; and
                    (C) no further Federal environmental review shall 
                be required.
            (4) The construction, operation, and maintenance of the 
        facilities shall be in all material respects similar to that 
        described in the application described in subsection (b) and in 
        accordance with--
                    (A) the construction, mitigation, and reclamation 
                measures agreed to by the permittee in the Construction 
                Mitigation and Reclamation Plan found in appendix B of 
                the final environmental impact statement issued by the 
                Secretary of State on August 26, 2011, subject to the 
                modification described in subsection (d);
                    (B) the special conditions agreed to between the 
                permittee and the Administrator of the Pipeline 
                Hazardous Materials Safety Administration of the 
                Department of Transportation found in appendix U of the 
                final environmental impact statement described in 
                subparagraph (A);
                    (C) if the modified route submitted by the Governor 
                of Nebraska under subsection (d)(3)(B) crosses the Sand 
                Hills region, the measures agreed to by the permittee 
                for the Sand Hills region found in appendix H of the 
                final environmental impact statement described in 
                subparagraph (A); and
                    (D) the stipulations identified in appendix S of 
                the final environmental impact statement described in 
                subparagraph (A).
            (5) Other requirements that are standard industry practice 
        or commonly included in Federal permits that are similar to a 
        permit approved under subsection (a).
    (d) Modification.--The permit approved under subsection (a) shall 
require--
            (1) the reconsideration of routing of the Keystone XL 
        pipeline within the State of Nebraska;
            (2) a review period during which routing within the State 
        of Nebraska may be reconsidered and the route of the Keystone 
        XL pipeline through the State altered with any accompanying 
        modification to the Plan described in subsection (c)(4)(A); and
            (3) the President--
                    (A) to coordinate review with the State of Nebraska 
                and provide any necessary data and reasonable technical 
                assistance material to the review process required 
                under this subsection; and
                    (B) to approve the route within the State of 
                Nebraska that has been submitted to the Secretary of 
                State by the Governor of Nebraska.
    (e) Effect of No Approval.--If the President does not approve the 
route within the State of Nebraska submitted by the Governor of 
Nebraska under subsection (d)(3)(B) not later than 10 days after the 
date of submission, the route submitted by the Governor of Nebraska 
under subsection (d)(3)(B) shall be considered approved, pursuant to 
the terms of the permit approved under subsection (a) that meets the 
requirements of subsection (c) and this subsection, by operation of 
law.
    (f) Private Property Savings Clause.--Nothing in this section 
alters the Federal, State, or local processes or conditions in effect 
on the date of enactment of this Act that are necessary to secure 
access from private property owners to construct the Keystone XL 
pipeline.

SEC. 8. REQUIREMENT TO EXPEDITE PERMITTING FOR EXISTING OIL AND GAS 
              LEASES.

    The President shall direct the Secretary of the Interior to 
expedite permitting of activities under oil and gas leases for Federal 
onshore lands and Federal submerged lands in the Gulf of Mexico.
                                 <all>
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