I 

113TH CONGRESS 

1ST SESSION H. R. 1881 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2013 

Mr. BISHOP of Utah introduced the following bill; which was referred to the 

Committee on Natural Resources, and in addition to the Committees on 

Energy and Commerce, Transportation and Infrastructure, and the Judiciary, 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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Energy Production and Project Delivery Act of 2013’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—OUTER CONTINENTAL SHELF LEASING 

Sec. 101. Extension of leasing program. 

Sec. 102. Lease sales. 

Sec. 103. Applications for permits to drill. 

Sec. 104. Lease sales for certain areas. 

Sec. 105. Disposition of revenues. 

TITLE II—LEASING PROGRAM FOR LAND WITHIN COASTAL PLAIN 

Sec. 201. Definitions. 

Sec. 202. Leasing program for lands within the Coastal Plain. 

Sec. 203. Lease sales. 

Sec. 204. Grant of leases by the Secretary. 

Sec. 205. Lease terms and conditions. 

Sec. 206. Policies regarding buying, building, and working for America. 

Sec. 207. Coastal Plain environmental protection. 

Sec. 208. Expedited judicial review. 

Sec. 209. Treatment of revenues. 

Sec. 210. Rights-of-way across the Coastal Plain. 

Sec. 211. Conveyance. 

TITLE III—REGULATORY STREAMLINING 

Sec. 301. Jurisdiction over covered energy projects. 

Sec. 302. Environmental legal fees. 

Sec. 303. Master leasing plans. 

Sec. 304. National monuments. 

Sec. 305. Carbon dioxide and other greenhouse gas emissions reductions in 

China, India, and Russia. 

Sec. 306. Employment effects of actions under Clean Air Act. 

Sec. 307. Endangered species. 

Sec. 308. Central Valley Project. 

Sec. 309. Keystone XL permit approval. 

Sec. 310. Drakes Bay Oyster Company. 

3 TITLE I—OUTER CONTINENTAL 

4 SHELF LEASING 

5 SEC. 101. EXTENSION OF LEASING PROGRAM. 

6 (a) IN GENERAL.—Subject to subsection (c), the 

7 Draft Proposed Outer Continental Shelf Oil and Gas 

8 Leasing Program 2010–2015 issued by the Secretary of 

9 the Interior (referred to in this section as the ‘‘Secretary’’) 


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1 under section 18 of the Outer Continental Shelf Lands 

2 Act (43 U.S.C. 1344) shall be considered to be the final 

3 oil and gas leasing program under that section for the pe4 riod of fiscal years 2013 through 2018. 

5 (b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 

6 The Secretary is considered to have issued a final environ7 mental impact statement for the program applicable to the 

8 period described in subsection (a) in accordance with all 

9 requirements under section 102(2)(C) of the National En10 vironmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

11 (c) EXCEPTIONS.—Lease Sales 214, 232, and 239 

12 shall not be included in the final oil and gas leasing pro13 gram for the period of fiscal years 2013 through 2018. 

14 (d) EASTERN GULF OF MEXICO NOT INCLUDED.— 

15 Nothing in this section affects restrictions on oil and gas 

16 leasing under the Gulf of Mexico Energy Security Act of 

17 2006 (43 U.S.C. 1331 note; Public Law 109–432). 

18 SEC. 102. LEASE SALES. 

19 (a) IN GENERAL.—Except as otherwise provided in 

20 this section, not later than 180 days after the date of en21 actment of this Act and every 270 days thereafter, the 

22 Secretary of the Interior (referred to in this section as 

23 the ‘‘Secretary’’) shall conduct a lease sale in each outer 

24 Continental Shelf planning area for which the Secretary 

25 determines that there is a commercial interest in purVerDate Mar 15 2010 23:34 May 10, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1881.IH H1881

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1 chasing Federal oil and gas leases for production on the 

2 outer Continental Shelf. 

3 (b) SUBSEQUENT DETERMINATIONS AND SALES.—If 

4 the Secretary determines that there is not a commercial 

5 interest in purchasing Federal oil and gas leases for pro6 duction on the outer Continental Shelf in a planning area 

7 under this section, not later than 2 years after the date 

8 of enactment of the determination and every 2 years there9 after, the Secretary shall— 

10 (1) determine whether there is a commercial in11 terest in purchasing Federal oil and gas leases for 

12 production on the outer Continental Shelf in the 

13 planning area; and 

14 (2) if the Secretary determines that there is a 

15 commercial interest described in subsection (a), con16 duct a lease sale in the planning area. 

17 (c) EXCLUSION FROM 5-YEAR LEASE PROGRAM.— 

18 If a planning area for which there is a commercial interest 

19 described in subsection (a) was not included in a 5-year 

20 lease program, the Secretary shall include leasing in the 

21 planning area in the subsequent 5-year lease program. 

22 (d) PETITIONS.—If a person petitions the Secretary 

23 to conduct a lease sale for an outer Continental Shelf plan24 ning area in which the person has a commercial interest, 


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1 the Secretary shall conduct a lease sale for the area in 

2 accordance with subsection (a). 

3 SEC. 103. APPLICATIONS FOR PERMITS TO DRILL. 

4 Section 5 of the Outer Continental Shelf Lands Act 

5 (43 U.S.C. 1334) is amended by adding at the end the 

6 following: 

7 ‘‘(k) APPLICATIONS FOR PERMITS TO DRILL.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

9 the Secretary shall approve or disapprove an applica10 tion for a permit to drill submitted under this Act 

11 not later than 20 days after the date the application 

12 is submitted to the Secretary. 

13 ‘‘(2) DISAPPROVAL.—If the Secretary dis14 approves an application for a permit to drill sub15 mitted under paragraph (1), the Secretary shall— 

16 ‘‘(A) provide to the applicant a description 

17 of the reasons for the disapproval of the appli18 cation; 

19 ‘‘(B) allow the applicant to resubmit an 

20 application during the 10-day period beginning 

21 on the date of the receipt of the description by 

22 the applicant; and 

23 ‘‘(C) approve or disapprove any resub24 mitted application not later than 10 days after 


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1 the date the application is submitted to the Sec2 retary.’’. 

3 SEC. 104. LEASE SALES FOR CERTAIN AREAS. 

4 (a) IN GENERAL.—As soon as practicable but not 

5 later than 1 year after the date of enactment of this Act, 

6 the Secretary of the Interior shall hold Lease Sale 220 

7 for areas offshore of the State of Virginia. 

8 (b) COMPLIANCE WITH OTHER LAWS.—For pur9 poses of the Lease Sales described in subsection (a), the 

10 Environmental Impact Statement for the 2010–2015-Year 

11 OCS Plan and the applicable Multi-Sale Environmental 

12 Impact Statement shall be considered to satisfy the Na13 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

14 et seq.). 

15 (c) ENERGY PROJECTS IN GULF OF MEXICO.— 

16 (1) JURISDICTION.—The United States Court 

17 of Appeals for the Fifth Circuit shall have exclusive 

18 jurisdiction over challenges to offshore energy 

19 projects and permits to drill carried out in the Gulf 

20 of Mexico. 

21 (2) FILING DEADLINE.—Any civil action to 

22 challenge a project or permit described in paragraph 

23 (1) shall be filed not later than 60 days after the 

24 date of approval of the project or the issuance of the 

25 permit. 


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1 SEC. 105. DISPOSITION OF REVENUES. 

2 (a) DEFINITIONS.—Section 102 of the Gulf of Mexico 

3 Energy Security Act of 2006 (43 U.S.C. 1331 note; Public 

4 Law 109–432) is amended— 

5 (1) by redesignating paragraphs (5) through 

6 (11) as paragraphs (6) through (12), respectively; 

7 (2) by inserting after paragraph (4) the fol8 lowing: 

9 ‘‘(5) COASTAL STATE.—The term ‘coastal 

10 State’ means a State with a coastal seaward bound11 ary within 200 nautical miles distance of the geo12 graphical center of a leased tract in— 

13 ‘‘(A) an outer Continental Shelf area in 

14 the Gulf of Mexico OCS Region State Adjacent 

15 Zones and OCS Planning Areas; and 

16 ‘‘(B) effective for fiscal year 2024 and 

17 each fiscal year thereafter, an outer Continental 

18 Shelf area in any OCS Region State Adjacent 

19 Zones and OCS Planning Areas.’’; 

20 (3) in paragraph (10) (as so redesignated), by 

21 striking subparagraph (A) and inserting the fol22 lowing: 

23 ‘‘(A) IN GENERAL.—The term ‘qualified 

24 outer Continental Shelf revenues’ means all 

25 rentals, royalties, bonus bids, and other sums 


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1 due and payable to the United States from 

2 leases entered into on or after— 

3 ‘‘(i) December 20, 2006, with respect 

4 to coastal States located in— 

5 ‘‘(I) the Gulf of Mexico OCS Re6 gion; or 

7 ‘‘(II) the Alaska OCS Region; 

8 and 

9 ‘‘(ii) October 1, 2013, with respect to 

10 coastal States located in— 

11 ‘‘(I) the Atlantic OCS Region; or 

12 ‘‘(II) the Pacific OCS Region.’’; 

13 and 

14 (4) in paragraph (11) (as so redesignated), by 

15 striking ‘‘Gulf producing State’’ each place it ap16 pears and inserting ‘‘coastal State’’. 

17 (b) DISPOSITION OF REVENUES.—Section 105 of the 

18 Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 

19 1331 note; Public Law 109–432) is amended— 

20 (1) in the section heading, by striking ‘‘FROM

21 181 AREA, 181 SOUTH AREA, AND 2002–2007

22 PLANNING AREAS OF GULF OF MEXICO’’; 

23 (2) by striking ‘‘Gulf producing State’’ each 

24 place it appears (other than subsection (b)(1)) and 

25 inserting ‘‘coastal State’’; 


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1 (3) by amending subsection (a)(2) to read as 

2 follows: 

3 ‘‘(2) 50 percent of qualified outer Continental 

4 Shelf revenues in a special account in the Treasury, 

5 which the Secretary shall disburse to States in ac6 cordance with subsection (b).’’; 

7 (4) in subsection (b)— 

8 (A) in the subsection heading, by striking 

9 ‘‘GULF PRODUCING STATES’’ and inserting 

10 ‘‘COASTAL STATES’’; 

11 (B) in paragraph (1)— 

12 (i) in the paragraph heading, by strik13 ing ‘‘2016’’ and inserting ‘‘2023’’; and 

14 (ii) in subparagraph (A), by striking 

15 ‘‘2016’’ and inserting ‘‘2023’’; and 

16 (C) in paragraph (2)— 

17 (i) in the paragraph heading, by strik18 ing ‘‘GULF PRODUCING STATES FOR FIS19 CAL YEAR 2017’’ and inserting ‘‘COASTAL

20 STATES FOR FISCAL YEAR 2024’’; and 

21 (ii) in subparagraph (A)— 

22 (I) in the matter preceding clause 

23 (i), by striking ‘‘2017’’ and inserting 

24 ‘‘2024’’; and 


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1 (II) in clause (i), by striking ‘‘the 

2 181 Area or the 181 South Area’’ and 

3 inserting ‘‘any area of the outer Con4 tinental Shelf’’; and 

5 (5) in subsection (f), by striking paragraph (1) 

6 and inserting the following: 

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

8 the total amount of qualified outer Continental Shelf 

9 revenues made available under subsection (a)(2) 

10 shall not exceed— 

11 ‘‘(A) in the case of an outer Continental 

12 Shelf area in the Gulf of Mexico OCS Region 

13 State Adjacent Zones and OCS Planning 

14 Areas— 

15 ‘‘(i) $1,000,000,000 for each of fiscal 

16 years 2014 through 2023; and 

17 ‘‘(ii) $2,000,000,000 for each of fiscal 

18 years 2024 through 2054; and 

19 ‘‘(B) in the case of an outer Continental 

20 Shelf area in OCS Region State Adjacent Zones 

21 and OCS Planning Areas other than the Zones 

22 and Areas described in subparagraph (A), for 

23 each of fiscal years 2024 through 2054, 

24 $500,000,000 for each such area located in— 

25 ‘‘(i) the Atlantic OCS Region; 


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1 ‘‘(ii) the Pacific OCS Region; or 

2 ‘‘(iii) the Alaska OCS Region.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section take effect on October 1, 2013. 

5 TITLE II—LEASING PROGRAM 

6 FOR LAND WITHIN COASTAL 

7 PLAIN 

8 SEC. 201. DEFINITIONS. 

9 In this title: 

10 (1) COASTAL PLAIN.—The term ‘‘Coastal 

11 Plain’’ means that area described in appendix I to 

12 part 37 of title 50, Code of Federal Regulations. 

13 (2) PEER REVIEWED.—The term ‘‘peer re14 viewed’’ means reviewed— 

15 (A) by individuals chosen by the National 

16 Academy of Sciences with no contractual rela17 tionship with, or those who have no application 

18 for a grant or other funding pending with, the 

19 Federal agency with leasing jurisdiction; or 

20 (B) if individuals described in subpara21 graph (A) are not available, by the top individ22 uals in the specified biological fields, as deter23 mined by the National Academy of Sciences. 


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1 (3) SECRETARY.—The term ‘‘Secretary’’, except 

2 as otherwise provided, means the Secretary of the 

3 Interior or the Secretary’s designee. 

4 SEC. 202. LEASING PROGRAM FOR LANDS WITHIN THE 

5 COASTAL PLAIN. 

6 (a) IN GENERAL.—The Secretary shall take such ac7 tions as are necessary— 

8 (1) to establish and implement, in accordance 

9 with this title and acting through the Director of the 

10 Bureau of Land Management in consultation with 

11 the Director of the United States Fish and Wildlife 

12 Service, a competitive oil and gas leasing program 

13 that will result in the exploration, development, and 

14 production of the oil and gas resources of the Coast15 al Plain; and 

16 (2) to administer the provisions of this title 

17 through regulations, lease terms, conditions, restric18 tions, prohibitions, stipulations, and other provisions 

19 that ensure the oil and gas exploration, development, 

20 and production activities on the Coastal Plain will 

21 result in no significant adverse effect on fish and 

22 wildlife, their habitat, subsistence resources, and the 

23 environment, including, in furtherance of this goal, 

24 by requiring the application of the best commercially 

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1 velopment, and production to all exploration, devel2 opment, and production operations under this title 

3 in a manner that ensures the receipt of fair market 

4 value by the public for the mineral resources to be 

5 leased. 

6 (b) REPEAL OF EXISTING RESTRICTION.— 

7 (1) REPEAL.—Section 1003 of the Alaska Na8 tional Interest Lands Conservation Act (16 U.S.C. 

9 3143) is repealed. 

10 (2) CONFORMING AMENDMENT.—The table of 

11 contents in section 1 of such Act is amended by 

12 striking the item relating to section 1003. 

13 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER14 TAIN OTHER LAWS.— 

15 (1) COMPATIBILITY.—For purposes of the Na16 tional Wildlife Refuge System Administration Act of 

17 1966 (16 U.S.C. 668dd et seq.), the oil and gas 

18 leasing program and activities authorized by this 

19 section in the Coastal Plain are deemed to be com20 patible with the purposes for which the Arctic Na21 tional Wildlife Refuge was established, and no fur22 ther findings or decisions are required to implement 

23 this determination. 

24 (2) ADEQUACY OF THE DEPARTMENT OF THE

25 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT


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1 STATEMENT.—The ‘‘Final Legislative Environ2 mental Impact Statement’’ (April 1987) on the 

3 Coastal Plain prepared pursuant to section 1002 of 

4 the Alaska National Interest Lands Conservation 

5 Act (16 U.S.C. 3142) and section 102(2)(C) of the 

6 National Environmental Policy Act of 1969 (42 

7 U.S.C. 4332(2)(C)) is deemed to satisfy the require8 ments under the National Environmental Policy Act 

9 of 1969 that apply with respect to prelease activities 

10 under this title, including actions authorized to be 

11 taken by the Secretary to develop and promulgate 

12 the regulations for the establishment of a leasing 

13 program authorized by this title before the conduct 

14 of the first lease sale. 

15 (3) COMPLIANCE WITH NEPA FOR OTHER AC16 TIONS.—Before conducting the first lease sale under 

17 this title, the Secretary shall prepare an environ18 mental impact statement under the National Envi19 ronmental Policy Act of 1969 with respect to the ac20 tions authorized by this title that are not referred to 

21 in paragraph (2). Notwithstanding any other law, 

22 the Secretary is not required to identify nonleasing 

23 alternative courses of action or to analyze the envi24 ronmental effects of such courses of action. The Sec25 retary shall only identify a preferred action for such 


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1 leasing and a single leasing alternative, and analyze 

2 the environmental effects and potential mitigation 

3 measures for those two alternatives. The identifica4 tion of the preferred action and related analysis for 

5 the first lease sale under this title shall be completed 

6 within 18 months after the date of enactment of this 

7 Act. The Secretary shall only consider public com8 ments that specifically address the Secretary’s pre9 ferred action and that are filed within 20 days after 

10 publication of an environmental analysis. Notwith11 standing any other law, compliance with this para12 graph is deemed to satisfy all requirements for the 

13 analysis and consideration of the environmental ef14 fects of proposed leasing under this title. 

15 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR16 ITY.—Nothing in this title shall be considered to expand 

17 or limit State and local regulatory authority. 

18 (e) SPECIAL AREAS.— 

19 (1) IN GENERAL.—The Secretary, after con20 sultation with the State of Alaska, the city of 

21 Kaktovik, and the North Slope Borough, may des22 ignate up to a total of 45,000 acres of the Coastal 

23 Plain as a Special Area if the Secretary determines 

24 that the Special Area is of such unique character 

25 and interest so as to require special management 


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1 and regulatory protection. The Secretary shall des2 ignate as such a Special Area the Sadlerochit Spring 

3 area, comprising approximately 4,000 acres. 

4 (2) MANAGEMENT.—Each such Special Area 

5 shall be managed so as to protect and preserve the 

6 area’s unique and diverse character including its 

7 fish, wildlife, and subsistence resource values. 

8 (3) EXCLUSION FROM LEASING OR SURFACE

9 OCCUPANCY.—The Secretary may exclude any Spe10 cial Area from leasing. If the Secretary leases a Spe11 cial Area, or any part thereof, for purposes of oil 

12 and gas exploration, development, production, and 

13 related activities, there shall be no surface occu14 pancy of the lands comprising the Special Area. 

15 (4) DIRECTIONAL DRILLING.—Notwithstanding 

16 the other provisions of this subsection, the Secretary 

17 may lease all or a portion of a Special Area under 

18 terms that permit the use of horizontal drilling tech19 nology from sites on leases tracts located outside the 

20 Special Area. 

21 (f) LIMITATION ON CLOSED AREAS.—The Sec22 retary’s sole authority to close lands within the Coastal 

23 Plain to oil and gas leasing and to exploration, develop24 ment, and production is that set forth in this title. 

25 (g) REGULATIONS.— 


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1 (1) IN GENERAL.—The Secretary shall pre2 scribe such regulations as may be necessary to carry 

3 out this title, including regulations relating to pro4 tection of the fish and wildlife, their habitat, subsist5 ence resources, and environment of the Coastal 

6 Plain, by no later than 15 months after the date of 

7 enactment of this Act. 

8 (2) REVISION OF REGULATIONS.—The Sec9 retary shall, through a rulemaking conducted in ac10 cordance with section 553 of title 5, United States 

11 Code, periodically review and, if appropriate, revise 

12 the regulations issued under subsection (a) to reflect 

13 a preponderance of the best available scientific evi14 dence that has been peer reviewed and obtained by 

15 following appropriate, documented scientific proce16 dures, the results of which can be repeated using 

17 those same procedures. 

18 SEC. 203. LEASE SALES. 

19 (a) IN GENERAL.—Lands may be leased under this 

20 title to any person qualified to obtain a lease for deposits 

21 of oil and gas under the Mineral Leasing Act (30 U.S.C. 

22 181 et seq.). 

23 (b) PROCEDURES.—The Secretary shall, by regula24 tion and no later than 180 days after the date of enact25 ment of this Act, establish procedures for— 


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1 (1) receipt and consideration of sealed nomina2 tions for any area of the Coastal Plain for inclusion 

3 in, or exclusion (as provided in subsection (c)) from, 

4 a lease sale; 

5 (2) the holding of lease sales after such nomina6 tion process; and 

7 (3) public notice of and comment on designa8 tion of areas to be included in, or excluded from, a 

9 lease sale. 

10 (c) LEASE SALE BIDS.—Lease sales under this title 

11 may be conducted through an Internet leasing program, 

12 if the Secretary determines that such a system will result 

13 in savings to the taxpayer, an increase in the number of 

14 bidders participating, and higher returns than oral bidding 

15 or a sealed bidding system. 

16 (d) SALE ACREAGES AND SCHEDULE.— 

17 (1) The Secretary shall offer for lease under 

18 this title those tracts the Secretary considers to have 

19 the greatest potential for the discovery of hydro20 carbons, taking into consideration nominations re21 ceived pursuant to subsection (b)(1). 

22 (2) The Secretary shall offer for lease under 

23 this title no less than 50,000 acres for lease within 

24 22 months after the date of the enactment of this 

25 Act. 


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1 (3) The Secretary shall offer for lease under 

2 this title no less than an additional 50,000 acres at 

3 6-, 12-, and 18-month intervals following offering 

4 under paragraph (2). 

5 (4) The Secretary shall conduct four additional 

6 sales under the same terms and schedule no later 

7 than two years after the date of the last sale under 

8 paragraph (3), if sufficient interest in leasing exists 

9 to warrant, in the Secretary’s judgment, the conduct 

10 of such sales. 

11 (5) The Secretary shall evaluate the bids in 

12 each sale and issue leases resulting from such sales, 

13 within 90 days after the date of the completion of 

14 such sale. 

15 SEC. 204. GRANT OF LEASES BY THE SECRETARY. 

16 (a) IN GENERAL.—The Secretary may grant to the 

17 highest responsible qualified bidder in a lease sale con18 ducted under section 203 any lands to be leased on the 

19 Coastal Plain upon payment by the such bidder of such 

20 bonus as may be accepted by the Secretary. 

21 (b) SUBSEQUENT TRANSFERS.—No lease issued 

22 under this title may be sold, exchanged, assigned, sublet, 

23 or otherwise transferred except with the approval of the 

24 Secretary. Prior to any such approval the Secretary shall 


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1 consult with, and give due consideration to the views of, 

2 the Attorney General. 

3 SEC. 205. LEASE TERMS AND CONDITIONS. 

4 (a) IN GENERAL.—An oil or gas lease issued under 

5 this title shall— 

6 (1) provide for the payment of a royalty of not 

less than 121 7 ⁄2 percent in amount or value of the 

8 production removed or sold under the lease, as de9 termined by the Secretary under the regulations ap10 plicable to other Federal oil and gas leases; 

11 (2) provide that the Secretary may close, on a 

12 seasonal basis, portions of the Coastal Plain to ex13 ploratory drilling activities as necessary to protect 

14 caribou calving areas and other species of fish and 

15 wildlife based on a preponderance of the best avail16 able scientific evidence that has been peer reviewed 

17 and obtained by following appropriate, documented 

18 scientific procedures, the results of which can be re19 peated using those same procedures; 

20 (3) require that the lessee of lands within the 

21 Coastal Plain shall be fully responsible and liable for 

22 the reclamation of lands within the Coastal Plain 

23 and any other Federal lands that are adversely af24 fected in connection with exploration, development, 

25 production, or transportation activities conducted 


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1 under the lease and within the Coastal Plain by the 

2 lessee or by any of the subcontractors or agents of 

3 the lessee; 

4 (4) provide that the lessee may not delegate or 

5 convey, by contract or otherwise, the reclamation re6 sponsibility and liability to another person without 

7 the express written approval of the Secretary; 

8 (5) provide that the standard of reclamation for 

9 lands required to be reclaimed under this title shall 

10 be, as nearly as practicable, a condition capable of 

11 supporting the uses which the lands were capable of 

12 supporting prior to any exploration, development, or 

13 production activities, or upon application by the les14 see, to a higher or better use as certified by the Sec15 retary; 

16 (6) contain terms and conditions relating to 

17 protection of fish and wildlife, their habitat, subsist18 ence resources, and the environment as required 

19 pursuant to section 202(a)(2); 

20 (7) provide that the lessee, its agents, and its 

21 contractors use best efforts to provide a fair share, 

22 as determined by the level of obligation previously 

23 agreed to in the 1974 agreement implementing sec24 tion 29 of the Federal Agreement and Grant of 

25 Right of Way for the Operation of the Trans-Alaska 


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1 Pipeline, of employment and contracting for Alaska 

2 Natives and Alaska Native corporations from 

3 throughout the State; 

4 (8) prohibit the export of oil produced under 

5 the lease; and 

6 (9) contain such other provisions as the Sec7 retary determines necessary to ensure compliance 

8 with this title and the regulations issued under this 

9 title. 

10 (b) NEGOTIATED LABOR AGREEMENTS.—The Sec11 retary, as a term and condition of each lease under this 

12 title, shall require that the lessee and its agents and con13 tractors negotiate to obtain an agreement for the employ14 ment of laborers and mechanics on production, mainte15 nance, and construction under the lease. 

16 SEC. 206. POLICIES REGARDING BUYING, BUILDING, AND 

17 WORKING FOR AMERICA. 

18 (a) CONGRESSIONAL INTENT.—It is the intent of the 

19 Congress that— 

20 (1) this title will support a healthy and growing 

21 United States domestic energy sector that, in turn, 

22 helps to reinvigorate American manufacturing, 

23 transportation, and service sectors by employing the 

24 vast talents of United States workers to assist in the 

25 development of energy from domestic sources; and 


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1 (2) Congress will monitor the deployment of 

2 personnel and material onshore and offshore to en3 courage the development of American technology 

4 and manufacturing to enable United States workers 

5 to benefit from this title through good jobs and ca6 reers, as well as the establishment of important in7 dustrial facilities to support expanded access to 

8 American resources. 

9 (b) REQUIREMENT.—The Secretary of the Interior 

10 shall when possible, and practicable, encourage the use of 

11 United States workers and equipment manufactured in 

12 the United States in all construction related to mineral 

13 development on the Coastal Plain. 

14 SEC. 207. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

15 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

16 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

17 The Secretary shall, consistent with the requirements of 

18 section 202, administer this title through regulations, 

19 lease terms, conditions, restrictions, prohibitions, stipula20 tions, and other provisions that— 

21 (1) ensure the oil and gas exploration, develop22 ment, and production activities on the Coastal Plain 

23 will result in no significant adverse effect on fish 

24 and wildlife, their habitat, and the environment; 


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1 (2) require the application of the best commer2 cially available technology for oil and gas explo3 ration, development, and production on all new ex4 ploration, development, and production operations; 

5 and 

6 (3) ensure that the maximum amount of sur7 face acreage covered by production and support fa8 cilities, including airstrips and any areas covered by 

9 gravel berms or piers for support of pipelines, does 

10 not exceed 10,000 acres on the Coastal Plain for 

11 each 100,000 acres of area leased. 

12 (b) SITE-SPECIFIC ASSESSMENT AND MITIGATION.— 

13 The Secretary shall also require, with respect to any pro14 posed drilling and related activities, that— 

15 (1) a site-specific analysis be made of the prob16 able effects, if any, that the drilling or related activi17 ties will have on fish and wildlife, their habitat, sub18 sistence resources, and the environment; 

19 (2) a plan be implemented to avoid, minimize, 

20 and mitigate (in that order and to the extent prac21 ticable) any significant adverse effect identified 

22 under paragraph (1); and 

23 (3) the development of the plan shall occur 

24 after consultation with the agency or agencies hav25 ing jurisdiction over matters mitigated by the plan. 


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1 (c) REGULATIONS TO PROTECT COASTAL PLAIN

2 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

3 AND THE ENVIRONMENT.—Before implementing the leas4 ing program authorized by this title, the Secretary shall 

5 prepare and promulgate regulations, lease terms, condi6 tions, restrictions, prohibitions, stipulations, and other 

7 measures designed to ensure that the activities undertaken 

8 on the Coastal Plain under this title are conducted in a 

9 manner consistent with the purposes and environmental 

10 requirements of this title. 

11 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI12 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

13 proposed regulations, lease terms, conditions, restrictions, 

14 prohibitions, and stipulations for the leasing program 

15 under this title shall require compliance with all applicable 

16 provisions of Federal and State environmental law, and 

17 shall also require the following: 

18 (1) Standards at least as effective as the safety 

19 and environmental mitigation measures set forth in 

20 items 1 through 29 at pages 167 through 169 of the 

21 ‘‘Final Legislative Environmental Impact State22 ment’’ (April 1987) on the Coastal Plain. 

23 (2) Seasonal limitations on exploration, develop24 ment, and related activities, where necessary, to 

25 avoid significant adverse effects during periods of 


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1 concentrated fish and wildlife breeding, denning, 

2 nesting, spawning, and migration based on a prepon3 derance of the best available scientific evidence that 

4 has been peer reviewed and obtained by following 

5 appropriate, documented scientific procedures, the 

6 results of which can be repeated using those same 

7 procedures. 

8 (3) That exploration activities, except for sur9 face geological studies, be limited to the period be10 tween approximately November 1 and May 1 each 

11 year and that exploration activities shall be sup12 ported, if necessary, by ice roads, winter trails with 

13 adequate snow cover, ice pads, ice airstrips, and air 

14 transport methods, except that such exploration ac15 tivities may occur at other times if the Secretary 

16 finds that such exploration will have no significant 

17 adverse effect on the fish and wildlife, their habitat, 

18 and the environment of the Coastal Plain. 

19 (4) Design safety and construction standards 

20 for all pipelines and any access and service roads, 

21 that— 

22 (A) minimize, to the maximum extent pos23 sible, adverse effects upon the passage of mi24 gratory species such as caribou; and 


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1 (B) minimize adverse effects upon the flow 

2 of surface water by requiring the use of cul3 verts, bridges, and other structural devices. 

4 (5) Prohibitions on general public access and 

5 use on all pipeline access and service roads. 

6 (6) Stringent reclamation and rehabilitation re7 quirements, consistent with the standards set forth 

8 in this title, requiring the removal from the Coastal 

9 Plain of all oil and gas development and production 

10 facilities, structures, and equipment upon completion 

11 of oil and gas production operations, except that the 

12 Secretary may exempt from the requirements of this 

13 paragraph those facilities, structures, or equipment 

14 that the Secretary determines would assist in the 

15 management of the Arctic National Wildlife Refuge 

16 and that are donated to the United States for that 

17 purpose. 

18 (7) Appropriate prohibitions or restrictions on 

19 access by all modes of transportation. 

20 (8) Appropriate prohibitions or restrictions on 

21 sand and gravel extraction. 

22 (9) Consolidation of facility siting. 

23 (10) Appropriate prohibitions or restrictions on 

24 use of explosives. 


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1 (11) Avoidance, to the extent practicable, of 

2 springs, streams, and river systems; the protection 

3 of natural surface drainage patterns, wetlands, and 

4 riparian habitats; and the regulation of methods or 

5 techniques for developing or transporting adequate 

6 supplies of water for exploratory drilling. 

7 (12) Avoidance or minimization of air traffic-re8 lated disturbance to fish and wildlife. 

9 (13) Treatment and disposal of hazardous and 

10 toxic wastes, solid wastes, reserve pit fluids, drilling 

11 muds and cuttings, and domestic wastewater, includ12 ing an annual waste management report, a haz13 ardous materials tracking system, and a prohibition 

14 on chlorinated solvents, in accordance with applica15 ble Federal and State environmental law. 

16 (14) Fuel storage and oil spill contingency plan17 ning. 

18 (15) Research, monitoring, and reporting re19 quirements. 

20 (16) Field crew environmental briefings. 

21 (17) Avoidance of significant adverse effects 

22 upon subsistence hunting, fishing, and trapping by 

23 subsistence users. 

24 (18) Compliance with applicable air and water 

25 quality standards. 


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1 (19) Appropriate seasonal and safety zone des2 ignations around well sites, within which subsistence 

3 hunting and trapping shall be limited. 

4 (20) Reasonable stipulations for protection of 

5 cultural and archeological resources. 

6 (21) All other protective environmental stipula7 tions, restrictions, terms, and conditions deemed 

8 necessary by the Secretary. 

9 (e) CONSIDERATIONS.—In preparing and promul10 gating regulations, lease terms, conditions, restrictions, 

11 prohibitions, and stipulations under this section, the Sec12 retary shall consider the following: 

13 (1) The stipulations and conditions that govern 

14 the National Petroleum Reserve-Alaska leasing pro15 gram, as set forth in the 1999 Northeast National 

16 Petroleum Reserve-Alaska Final Integrated Activity 

17 Plan/Environmental Impact Statement. 

18 (2) The environmental protection standards 

19 that governed the initial Coastal Plain seismic explo20 ration program under parts 37.31 to 37.33 of title 

21 50, Code of Federal Regulations. 

22 (3) The land use stipulations for exploratory 

23 drilling on the KIC–ASRC private lands that are set 

24 forth in appendix 2 of the August 9, 1983, agreeVerDate Mar 15 2010 23:34 May 10, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1881.IH H1881

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1 ment between Arctic Slope Regional Corporation and 

2 the United States. 

3 (f) FACILITY CONSOLIDATION PLANNING.— 

4 (1) IN GENERAL.—The Secretary shall, after 

5 providing for public notice and comment, prepare 

6 and update periodically a plan to govern, guide, and 

7 direct the siting and construction of facilities for the 

8 exploration, development, production, and transpor9 tation of Coastal Plain oil and gas resources. 

10 (2) OBJECTIVES.—The plan shall have the fol11 lowing objectives: 

12 (A) Avoiding unnecessary duplication of fa13 cilities and activities. 

14 (B) Encouraging consolidation of common 

15 facilities and activities. 

16 (C) Locating or confining facilities and ac17 tivities to areas that will minimize impact on 

18 fish and wildlife, their habitat, and the environ19 ment. 

20 (D) Utilizing existing facilities wherever 

21 practicable. 

22 (E) Enhancing compatibility between wild23 life values and development activities. 

24 (g) ACCESS TO PUBLIC LANDS.—The Secretary 

25 shall— 


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1 (1) manage public lands in the Coastal Plain 

2 subject to section 811 of the Alaska National Inter3 est Lands Conservation Act (16 U.S.C. 3121); and 

4 (2) ensure that local residents shall have rea5 sonable access to public lands in the Coastal Plain 

6 for traditional uses. 

7 SEC. 208. EXPEDITED JUDICIAL REVIEW. 

8 (a) FILING OF COMPLAINT.— 

9 (1) DEADLINE.—Subject to paragraph (2), any 

10 complaint seeking judicial review— 

11 (A) of any provision of this title shall be 

12 filed by not later than 1 year after the date of 

13 enactment of this Act; or 

14 (B) of any action of the Secretary under 

15 this title shall be filed— 

16 (i) except as provided in clause (ii), 

17 within the 90-day period beginning on the 

18 date of the action being challenged; or 

19 (ii) in the case of a complaint based 

20 solely on grounds arising after such period, 

21 within 90 days after the complainant knew 

22 or reasonably should have known of the 

23 grounds for the complaint. 

24 (2) VENUE.—Any complaint seeking judicial re25 view of any provision of this title or any action of 


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1 the Secretary under this title may be filed only in 

2 the United States Court of Appeals for the District 

3 of Columbia. 

4 (3) LIMITATION ON SCOPE OF CERTAIN RE5 VIEW.—Judicial review of a Secretarial decision to 

6 conduct a lease sale under this title, including the 

7 environmental analysis thereof, shall be limited to 

8 whether the Secretary has complied with this title 

9 and shall be based upon the administrative record of 

10 that decision. The Secretary’s identification of a pre11 ferred course of action to enable leasing to proceed 

12 and the Secretary’s analysis of environmental effects 

13 under this title shall be presumed to be correct un14 less shown otherwise by clear and convincing evi15 dence to the contrary. 

16 (b) LIMITATION ON OTHER REVIEW.—Actions of the 

17 Secretary with respect to which review could have been 

18 obtained under this section shall not be subject to judicial 

19 review in any civil or criminal proceeding for enforcement. 

20 (c) LIMITATION ON ATTORNEYS’ FEES AND COURT

21 COSTS.—No person seeking judicial review of any action 

22 under this title shall receive payment from the Federal 

23 Government for their attorneys’ fees and other court costs, 

24 including under any provision of law enacted by the Equal 

25 Access to Justice Act (5 U.S.C. 504 note). 


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1 SEC. 209. TREATMENT OF REVENUES. 

2 Notwithstanding any other provision of law, 90 per3 cent of the amount of bonus, rental, and royalty revenues 

4 from Federal oil and gas leasing and operations author5 ized under this title shall be deposited in the Treasury. 

6 SEC. 210. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 

7 (a) IN GENERAL.—The Secretary shall issue rights8 of-way and easements across the Coastal Plain for the 

9 transportation of oil and gas produced under leases under 

10 this title— 

11 (1) except as provided in paragraph (2), under 

12 section 28 of the Mineral Leasing Act (30 U.S.C. 

13 185), without regard to title XI of the Alaska Na14 tional Interest Lands Conservation Act (16 U.S.C. 

15 3161 et seq.); and 

16 (2) under title XI of the Alaska National Inter17 est Lands Conservation Act (30 U.S.C. 3161 et 

18 seq.), for access authorized by sections 1110 and 

19 1111 of that Act (16 U.S.C. 3170 and 3171). 

20 (b) TERMS AND CONDITIONS.—The Secretary shall 

21 include in any right-of-way or easement issued under sub22 section (a) such terms and conditions as may be necessary 

23 to ensure that transportation of oil and gas does not result 

24 in a significant adverse effect on the fish and wildlife, sub25 sistence resources, their habitat, and the environment of 

26 the Coastal Plain, including requirements that facilities be 


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•HR 1881 IH

1 sited or designed so as to avoid unnecessary duplication 

2 of roads and pipelines. 

3 (c) REGULATIONS.—The Secretary shall include in 

4 regulations under section 202(g) provisions granting 

5 rights-of-way and easements described in subsection (a) 

6 of this section. 

7 SEC. 211. CONVEYANCE. 

8 In order to maximize Federal revenues by removing 

9 clouds on title to lands and clarifying land ownership pat10 terns within the Coastal Plain, the Secretary, notwith11 standing section 1302(h)(2) of the Alaska National Inter12 est Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 

13 convey— 

14 (1) to the Kaktovik Inupiat Corporation the 

15 surface estate of the lands described in paragraph 1 

16 of Public Land Order 6959, to the extent necessary 

17 to fulfill the Corporation’s entitlement under sec18 tions 12 and 14 of the Alaska Native Claims Settle19 ment Act (43 U.S.C. 1611 and 1613) in accordance 

20 with the terms and conditions of the Agreement be21 tween the Department of the Interior, the United 

22 States Fish and Wildlife Service, the Bureau of 

23 Land Management, and the Kaktovik Inupiat Cor24 poration dated January 22, 1993; and 


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1 (2) to the Arctic Slope Regional Corporation 

2 the remaining subsurface estate to which it is enti3 tled pursuant to the August 9, 1983, agreement be4 tween the Arctic Slope Regional Corporation and the 

5 United States of America. 

6 TITLE III—REGULATORY 

7 STREAMLINING 

8 SEC. 301. JURISDICTION OVER COVERED ENERGY 

9 PROJECTS. 

10 (a) DEFINITION OF COVERED ENERGY PROJECT.— 

11 In this section, the term ‘‘covered energy project’’ means 

12 any action or decision by a Federal official regarding— 

13 (1) the leasing of Federal land (including sub14 merged land) for the exploration, development, pro15 duction, processing, or transmission of oil, natural 

16 gas, or any other source or form of energy, including 

17 actions and decisions regarding the selection or of18 fering of Federal land for such leasing; or 

19 (2) any action under such a lease, except that 

20 this section and Act shall not apply to a dispute be21 tween the parties to a lease entered into a provision 

22 of law authorizing the lease regarding obligations 

23 under the lease or the alleged breach of the lease. 

24 (b) EXCLUSIVE JURISDICTION OVER CAUSES AND

25 CLAIMS RELATING TO COVERED ENERGY PROJECTS.— 


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1 Notwithstanding any other provision of law, the United 

2 States District Court for the District of Columbia shall 

3 have exclusive jurisdiction to hear all causes and claims 

4 under this section or any other Act that arise from any 

5 covered energy project, except for any such cause or claim 

6 arising in the United States Court of Appeals for the Fifth 

7 Circuit. 

8 (c) TIME FOR FILING COMPLAINT.— 

9 (1) IN GENERAL.—Each case or claim described 

10 in subsection (b) shall be filed not later than the end 

11 of the 60-day period beginning on the date of the ac12 tion or decision by a Federal official that constitutes 

13 the covered energy project concerned. 

14 (2) PROHIBITION.—Any cause or claim de15 scribed in subsection (b) that is not filed within the 

16 time period described in paragraph (1) shall be 

17 barred. 

18 (d) DISTRICT COURT FOR DISTRICT OF COLUMBIA

19 DEADLINE.— 

20 (1) IN GENERAL.—Each proceeding that is sub21 ject to subsection (b) shall— 

22 (A) be resolved as expeditiously as prac23 ticable and in any event not more than 180 

24 days after the cause or claim is filed; and 


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1 (B) take precedence over all other pending 

2 matters before the district court. 

3 (2) FAILURE TO COMPLY WITH DEADLINE.—If 

4 an interlocutory or final judgment, decree, or order 

5 has not been issued by the district court by the 

6 deadline required under this section, the cause or 

7 claim shall be dismissed with prejudice and all rights 

8 relating to the cause or claim shall be terminated. 

9 (e) ABILITY TO SEEK APPELLATE REVIEW.—An in10 terlocutory or final judgment, decree, or order of the dis11 trict court under this section may be reviewed by no other 

12 court except the Supreme Court. 

13 SEC. 302. ENVIRONMENTAL LEGAL FEES. 

14 Section 504 of title 5, United States Code, is amend15 ed by adding at the end the following: 

16 ‘‘(g) ENVIRONMENTAL LEGAL FEES.—Notwith17 standing section 1304 of title 31, no award may be made 

18 under this section and no amounts may be obligated or 

19 expended from the Claims and Judgment Fund of the 

20 United States Treasury to pay any legal fees of an envi21 ronmental nongovernmental organization related to an ac22 tion that (with respect to the United States)— 

23 ‘‘(1) prevents, terminates, or reduces access to 

24 or the production of— 

25 ‘‘(A) energy; 


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1 ‘‘(B) a mineral resource; 

2 ‘‘(C) water by agricultural producers; 

3 ‘‘(D) a resource by commercial or rec4 reational fishermen; or 

5 ‘‘(E) grazing or timber production on Fed6 eral land; 

7 ‘‘(2) diminishes the private property value of a 

8 property owner; or 

9 ‘‘(3) eliminates or prevents one or more jobs.’’. 

10 SEC. 303. MASTER LEASING PLANS. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, the Secretary of the Interior, acting through 

13 the Bureau of Land Management, shall not establish a 

14 master leasing plan as part of any guidance issued by the 

15 Secretary. 

16 (b) EXISTING MASTER LEASING PLANS.—Instruc17 tion Memorandum No. 2010–117 and any other master 

18 leasing plan described in subsection (a) issued on or before 

19 the date of enactment of this Act shall have no force or 

20 effect. 

21 SEC. 304. NATIONAL MONUMENTS. 

22 Section 2 of the Act of June 8, 1906 (commonly 

23 known as the ‘‘Antiquities Act of 1906’’) (16 U.S.C. 431), 

24 is amended in the first sentence by striking ‘‘, in his disVerDate Mar 15 2010 23:34 May 10, 2013 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H1881.IH H1881

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1 cretion, to declare by public proclamation’’ and inserting 

2 ‘‘to declare, subject to approval by an Act of Congress,’’. 

3 SEC. 305. CARBON DIOXIDE AND OTHER GREENHOUSE GAS 

4 EMISSIONS REDUCTIONS IN CHINA, INDIA, 

5 AND RUSSIA. 

6 (a) DEFINITION OF ADMINISTRATOR.—In this sec7 tion, the term ‘‘Administrator’’ means the Administrator 

8 of the Environmental Protection Agency. 

9 (b) FINDINGS.—Congress finds that— 

10 (1) in 1997, the Senate adopted Senate Resolu11 tion 98, 105th Congress, agreed to July 25, 1997, 

12 which expressed the sense of the Senate that the 

13 United States should not accept any agreement that 

14 would mandate new commitments to limit or reduce 

15 greenhouse gas emissions by developed countries un16 less the agreement also mandated new specific 

17 scheduled commitments to limit or reduce green18 house gas emissions by developing countries within 

19 the same compliance period; and 

20 (2) the Administrator continues to move for21 ward with the regulation of carbon dioxide emis22 sions, however, the People’s Republic of China, 

23 India, and the Russian Federation do not impose 

24 similar regulations on carbon dioxide emissions. 


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1 (c) CARBON DIOXIDE OR GREENHOUSE GAS EMIS2 SIONS REDUCTIONS.—Notwithstanding any other provi3 sion of law, the Administrator or the head of any other 

4 Federal agency or department shall not regulate or con5 tinue to implement or enforce any regulations, proposals, 

6 or actions establishing any carbon dioxide or greenhouse 

7 gas emissions reductions until the Administrator, the Ad8 ministrator of the Energy Information Agency, and the 

9 Secretary of Commerce certify in writing that— 

10 (1) the People’s Republic of China, India, and 

11 the Russian Federation have proposed, implemented, 

12 and enforced measures requiring carbon dioxide and 

13 other greenhouse gas emissions reductions; and 

14 (2) the reductions described in paragraph (1) 

15 are substantially similar to the carbon dioxide and 

16 other greenhouse gas emission reductions proposed 

17 by the Administrator or the head of any other Fed18 eral agency or department for the United States. 

19 (d) REPEAL.—Any regulation, proposal, or action in 

20 effect before, on, or after the date of enactment of this 

21 Act, but before the date on which the certification under 

22 subsection (c) is made, that requires any carbon dioxide 

23 or other greenhouse gas emissions reduction shall have no 

24 force or effect. 


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1 SEC. 306. EMPLOYMENT EFFECTS OF ACTIONS UNDER 

2 CLEAN AIR ACT. 

3 Section 321(b) of the Clean Air Act (42 U.S.C. 

4 7621(b)) is amended— 

5 (1) by designating the first through eighth sen6 tences as paragraphs (1) through (8), respectively; 

7 and 

8 (2) by adding at the end the following: 

9 ‘‘(9) ECONOMIC ANALYSIS.—Not later than 30 

10 days before conducting a public hearing or providing 

11 notice of a determination that a hearing is not nec12 essary with respect to a requirement described in 

13 paragraph (1), the Administrator shall— 

14 ‘‘(A) conduct a full economic analysis of 

15 the requirement; and 

16 ‘‘(B) make the data, methodologies, and 

17 results of the analysis available to the public. 

18 ‘‘(10) ECONOMIC REVIEW BOARD.— 

19 ‘‘(A) IN GENERAL.—Not later than 30 

20 days after the date on which the Administrator 

21 makes the results of an economic analysis of a 

22 requirement available to the public under para23 graph (9)(B), the Secretary of Commerce shall 

24 establish an economic review board consisting of 

25 a representative from each Federal agency with 

26 jurisdiction over affected industries to assess— 


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1 ‘‘(i) the cumulative economic impact 

2 of the requirement, including the direct, in3 direct, quantifiable, and qualitative effects; 

4 ‘‘(ii) the cost of compliance with the 

5 requirement; 

6 ‘‘(iii) the effect of the requirement on 

7 the retirement or closure of domestic busi8 nesses; 

9 ‘‘(iv) energy sectors that could be ex10 pected to retire units as a result of the re11 quirement; 

12 ‘‘(v) the impact of the requirement on 

13 the price of electricity, oil, gas, coal, and 

14 renewable resources; 

15 ‘‘(vi) the economic harm to consumers 

16 resulting from the requirement; 

17 ‘‘(vii) the impact of the requirement 

18 on the ability of industries and businesses 

19 in the United States to compete with in20 dustries and businesses in other countries, 

21 with respect to competitiveness in both do22 mestic and foreign markets; 

23 ‘‘(viii) the regions of the United 

24 States that are forecasted to be— 


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1 ‘‘(I) most affected from the di2 rect and indirect adverse impacts of 

3 the requirement from the retirement 

4 of impacted units and increased prices 

5 for retail electricity, transportation 

6 fuels, heating oil, and petrochemicals; 

7 and 

8 ‘‘(II) least affected from adverse 

9 impacts described in subclause (I) due 

10 to the creation of new jobs and eco11 nomic growth that are expected to re12 sult directly and indirectly from en13 ergy construction projects; 

14 ‘‘(ix) the adverse impacts of the re15 quirement on electric reliability that are 

16 expected to result from the retirement of 

17 electric generation; 

18 ‘‘(x) the geographical distribution of 

19 the projected adverse electric reliability im20 pacts of the requirement; 

21 ‘‘(xi) Federal, State, and local policies 

22 that have been or will be implemented to 

23 support energy infrastructure in the 

24 United States, including policies that proVerDate Mar 15 2010 23:34 May 10, 2013 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H1881.IH H1881

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1 mote fuel diversity, affordable and reliable 

2 electricity, and energy security; 

3 ‘‘(xii) the potential economic impacts 

4 as a result of outsourcing; and 

5 ‘‘(xiii) other direct and indirect im6 pacts that are expected to result from the 

7 cumulative obligation to comply with the 

8 requirement. 

9 ‘‘(B) REPORT.—Not later than 30 days 

10 after the date on which the economic review 

11 board completes the assessment of a require12 ment under subparagraph (A), the economic re13 view board shall submit to Congress, the Presi14 dent, and the Secretary a report that describes 

15 the results of the assessment. 

16 ‘‘(C) REGULATIONS.—The Administrator 

17 shall not promulgate regulations to implement a 

18 requirement described in paragraph (1) until at 

19 least 60 days after the date of submission of 

20 the report on the requirement under subpara21 graph (B).’’. 

22 SEC. 307. ENDANGERED SPECIES. 

23 (a) EMERGENCIES.—Section 10 of the Endangered 

24 Species Act of 1973 (16 U.S.C. 1539) is amended by add25 ing at the end the following: 


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1 ‘‘(k) EMERGENCIES.—On the declaration of an emer2 gency by the Governor of a State, the Secretary shall, for 

3 the duration of the emergency, temporarily exempt from 

4 the prohibition against taking, and the prohibition against 

5 the adverse modification of critical habitat, under this Act 

6 any action that is reasonably necessary to avoid or amelio7 rate the impact of the emergency, including fighting or 

8 preventing forest fires and the building, rebuilding, or op9 eration of any water supply or flood control project by a 

10 Federal agency.’’. 

11 (b) PROHIBITION OF CONSIDERATION OF IMPACT OF

12 GREENHOUSE GASES AND CLIMATE CHANGE.— 

13 (1) IN GENERAL.—The Endangered Species Act 

14 of 1973 (16 U.S.C. 1531 et seq.) is amended by 

15 adding at the end the following: 

16 ‘‘SEC. 19. PROHIBITION OF CONSIDERATION OF IMPACT OF 

17 GREENHOUSE GASES AND CLIMATE CHANGE. 

18 ‘‘(a) DEFINITION OF GREENHOUSE GAS.—In this 

19 section, the term ‘greenhouse gas’ means any of— 

20 ‘‘(1) carbon dioxide; 

21 ‘‘(2) methane; 

22 ‘‘(3) nitrous oxide; 

23 ‘‘(4) sulfur hexafluoride; 

24 ‘‘(5) a hydrofluorocarbon; 

25 ‘‘(6) a perfluorocarbon; or 


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1 ‘‘(7) any other anthropogenic gas designated by 

2 the Secretary for purposes of this section. 

3 ‘‘(b) IMPACT OF GREENHOUSE GASES AND CLIMATE

4 CHANGE.—The impact of any greenhouse gas or climate 

5 change on any species of fish or wildlife or plant shall not 

6 be considered for any purpose in the implementation of 

7 this Act.’’. 

8 (2) CONFORMING AMENDMENT.—The table of 

9 contents in the first section of the Endangered Spe10 cies Act of 1973 (16 U.S.C. prec. 1531) is amended 

11 by adding at the end the following: 

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

‘‘Sec. 19. Prohibition of consideration of impact of greenhouse gases and climate change.’’. 

12 SEC. 308. CENTRAL VALLEY PROJECT. 

13 The Act of August 27, 1954 (68 Stat. 879, chapter 

14 1012; 16 U.S.C. 695d et seq.) is amended by adding at 

15 the end the following: 

16 ‘‘SEC. 9. EFFECT OF BIOLOGICAL OPINIONS. 

17 ‘‘Notwithstanding any other provision of law, in con18 nection with the Central Valley Project, the Bureau of 

19 Reclamation and an agency of the State of California op20 erating a water project in connection with the Project shall 

21 not restrict operations of an applicable project pursuant 

22 to any biological opinion issued under the Endangered 

23 Species Act of 1973 (16 U.S.C. 1531 et seq.), if the re24 striction would result in a level of allocation of water that 


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•HR 1881 IH

1 is less than the historical maximum level of allocation of 

2 water under the project.’’. 

3 SEC. 309. KEYSTONE XL PERMIT APPROVAL. 

4 (a) IN GENERAL.—Notwithstanding Executive Order 

5 No. 13337 (3 U.S.C. 301 note), Executive Order No. 

6 11423 (3 U.S.C. 301 note), section 301 of title 3, United 

7 States Code, and any other Executive order or provision 

8 of law, no presidential permit shall be required for the 

9 pipeline described in the application filed on May 4, 2012, 

10 by TransCanada Corporation to the Department of State 

11 for the northern portion of the Keystone XL pipeline from 

12 the Canadian border to the border between the States of 

13 South Dakota and Nebraska. 

14 (b) ENVIRONMENTAL IMPACT STATEMENT.—The 

15 final environmental impact statement issued by the Sec16 retary of State on August 26, 2011, regarding the pipeline 

17 referred to in subsection (a), shall be considered to satisfy 

18 all requirements of the National Environmental Policy Act 

19 of 1969 (42 U.S.C. 4321 et seq.). 

20 (c) INTRASTATE PORTION.— 

21 (1) IN GENERAL.—Notwithstanding any other 

22 provision of law, the route of the Keystone XL pipe23 line through the State of Nebraska reviewed in the 

24 Final Evaluation Report conducted pursuant to Neb. 


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48 

•HR 1881 IH

1 Rev. Stat. §57–1503(1) and approved by the Gov2 ernor of the State shall be considered approved. 

3 (2) ENVIRONMENTAL IMPACT STATEMENTS.— 

4 The Final Evaluation Report described in paragraph 

5 (1) shall be considered to satisfy all requirements of 

6 the National Environmental Policy Act of 1969 (42 

7 U.S.C. 4321 et seq.). 

8 (d) CRITICAL HABITAT.—No area necessary to con9 struct or maintain the Keystone XL pipeline shall be con10 sidered critical habitat under the Endangered Species Act 

11 of 1973 (16 U.S.C. 1531 et seq.) or any other provision 

12 of law. 

13 (e) PERMITS.—Any Federal permit or authorization 

14 issued before the date of enactment of this Act for the 

15 pipeline and cross-border facilities described in subsections 

16 (a) and (b), and the related facilities in the United States, 

17 shall remain in effect. 

18 (f) FEDERAL JUDICIAL REVIEW.—The pipeline and 

19 cross-border facilities described in subsections (a) and (b), 

20 and the related facilities in the United States, that are 

21 approved by this section, and any permit, right-of-way, or 

22 other action taken to construct or complete the project 

23 pursuant to Federal law, shall only be subject to judicial 

24 review on direct appeal to the United States Court of Ap25 peals for the District of Columbia Circuit. 


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1 SEC. 310. DRAKES BAY OYSTER COMPANY. 

2 Notwithstanding any other provision of law (includ3 ing the memorandum of the Secretary of the Interior 

4 dated November 29, 2012, with the subject entitled ‘‘Point 

5 Reyes National Seashore–Drakes Bay Oyster Com6 pany’’)— 

7 (1) the Secretary of the Interior, acting through 

8 the Director of the National Park Service, shall— 

9 (A) reinstate, for a period of not less than 

10 10 years, the reservation of use and occupancy 

11 and special use permits to conduct commercial 

12 operations within Point Reyes National Sea13 shore in the State of California held by Drakes 

14 Bay Oyster Company, which expired on Novem15 ber 30, 2012, subject to the terms and condi16 tions contained in those permits, as in effect on 

17 November 29, 2012; and 

18 (B) on receipt of a request from Drakes 

19 Bay Oyster Company (or a successor in inter20 est), renew those reinstated permits for an ad21 ditional 10-year period; and 

22 (2) Drakes Estero in the State of California 

23 shall not be converted to a designated wilderness. 

Æ 


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