II 

113TH CONGRESS 

1ST SESSION S. 17 

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 SENATE OF THE UNITED STATES 

FEBRUARY 27, 2013 

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 Resources 

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’’. 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 17 IS

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’’) 


tjames on DSK6SPTVN1PROD with BILLS
3 

•S 17 IS

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 01:50 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S17.IS S17

tjames on DSK6SPTVN1PROD with BILLS
4 

•S 17 IS

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, 


tjames on DSK6SPTVN1PROD with BILLS
5 

•S 17 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
6 

•S 17 IS

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. 


tjames on DSK6SPTVN1PROD with BILLS
7 

•S 17 IS

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 


tjames on DSK6SPTVN1PROD with BILLS
8 

•S 17 IS

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 the Gulf of 

5 Mexico OCS Region; or 

6 ‘‘(ii) October 1, 2023, with respect to 

7 coastal States located in— 

8 ‘‘(I) the Atlantic OCS Region; 

9 ‘‘(II) the Pacific OCS Region; or 

10 ‘‘(III) the Alaska OCS Region.’’; 

11 and 

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

13 striking ‘‘Gulf producing State’’ each place it ap14 pears and inserting ‘‘coastal State’’. 

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

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

17 1331 note; Public Law 109–432) is amended— 

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

19 181 AREA, 181 SOUTH AREA, AND 2002-2007

20 PLANNING AREAS OF GULF OF MEXICO’’; 

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

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

23 inserting ‘‘coastal State’’; 

24 (3) in subsection (a)(2), by striking subpara25 graph (B) and inserting the following: 


tjames on DSK6SPTVN1PROD with BILLS
9 

•S 17 IS

1 ‘‘(B) 25 percent— 

2 ‘‘(i) of the qualified outer Continental 

3 Shelf revenues described in section 

4 102(10)(A)(i)— 

5 ‘‘(I) to provide financial assist6 ance to States in accordance with sec7 tion 6 of the Land and Water Con8 servation Fund Act of 1965 (16 

9 U.S.C. 460l–8), which shall be consid10 ered to be income to the Land and 

11 Water Conservation Fund for pur12 poses of section 2 of that Act (16 

13 U.S.C. 460l–5), to a maximum 

14 amount of $125,000,000; and 

15 ‘‘(II) for any amounts in excess 

16 of the amount described in subclause 

17 (I), to the Highway Trust Fund 

18 (other than the Mass Transit Ac19 count); and 

20 ‘‘(ii) beginning in fiscal year 2024, of 

21 the qualified outer Continental Shelf reve22 nues described in section 102(10)(A)(ii), to 

23 the Highway Trust Fund (other than the 

24 Mass Transit Account).’’; 

25 (4) in subsection (b)— 


tjames on DSK6SPTVN1PROD with BILLS
10 

•S 17 IS

1 (A) in the subsection heading, by striking 

2 ‘‘GULF PRODUCING STATES’’ and inserting 

3 ‘‘COASTAL STATES’’; and 

4 (B) in paragraph (2)— 

5 (i) in the paragraph heading, by strik6 ing ‘‘FISCAL YEAR 2017 AND THEREAFTER’’ 

7 and inserting ‘‘FISCAL YEARS 2017

8 THROUGH 2023’’; and 

9 (ii) in subparagraph (A), in the mat10 ter preceding clause (i), by striking ‘‘fiscal 

11 year 2017 and each fiscal year thereafter’’ 

12 and inserting ‘‘each of fiscal years 2017 

13 through 2023’’; 

14 (C) by redesignating paragraph (3) as 

15 paragraph (4); 

16 (D) by inserting after paragraph (2) the 

17 following: 

18 ‘‘(3) ALLOCATION AMONG COASTAL STATES FOR

19 FISCAL YEAR 2024 AND THEREAFTER.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), effective for fiscal years 2024 and 

22 each fiscal year thereafter, the amount made 

23 available under subsection (a)(2)(A) shall be al24 located to each coastal State in amounts (based 

25 on a formula established by the Secretary by 


tjames on DSK6SPTVN1PROD with BILLS
11 

•S 17 IS

1 regulation) that are inversely proportional to 

2 the respective distances between the point on 

3 the coastline of each coastal State that is clos4 est to the geographic center of the applicable 

5 leased tract and the geographic center of the 

6 leased tract. 

7 ‘‘(B) MINIMUM ALLOCATION.—The 

8 amount allocated to a coastal State each fiscal 

9 year under subparagraph (A) shall be at least 

10 10 percent of the amounts available under sub11 section (a)(2)(A).’’; and 

12 (E) in paragraph (4) (as redesignated by 

13 subparagraph (C)), by striking ‘‘paragraphs (1) 

14 and (2)’’ and inserting ‘‘paragraphs (1), (2), 

15 and (3)’’; and 

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

17 and inserting the following: 

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

19 the total amount of qualified outer Continental Shelf 

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

21 shall not exceed— 

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

23 Shelf area in the Gulf of Mexico OCS Region 

24 State Adjacent Zones and OCS Planning 

25 Areas— 


tjames on DSK6SPTVN1PROD with BILLS
12 

•S 17 IS

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

2 years 2017 through 2024; and 

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

4 years 2025 through 2055; and 

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

6 Shelf area in OCS Region State Adjacent Zones 

7 and OCS Planning Areas other than the Zones 

8 and Areas described in subparagraph (A), for 

9 each of fiscal years 2024 through 2055, 

10 $500,000,000 for each such area located in— 

11 ‘‘(i) the Atlantic OCS Region; 

12 ‘‘(ii) the Pacific OCS Region; or 

13 ‘‘(iii) the Alaska OCS Region.’’. 

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

15 this section take effect on October 1, 2013. 

16 TITLE II—LEASING PROGRAM 

17 FOR LAND WITHIN COASTAL 

18 PLAIN 

19 SEC. 201. DEFINITIONS. 

20 In this title: 

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

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

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

24 (2) PEER REVIEWED.—The term ‘‘peer re25 viewed’’ means reviewed— 


tjames on DSK6SPTVN1PROD with BILLS
13 

•S 17 IS

1 (A) by individuals chosen by the National 

2 Academy of Sciences with no contractual rela3 tionship with, or those who have no application 

4 for a grant or other funding pending with, the 

5 Federal agency with leasing jurisdiction; or 

6 (B) if individuals described in subpara7 graph (A) are not available, by the top individ8 uals in the specified biological fields, as deter9 mined by the National Academy of Sciences. 

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

11 as otherwise provided, means the Secretary of the 

12 Interior or the Secretary’s designee. 

13 SEC. 202. LEASING PROGRAM FOR LANDS WITHIN THE 

14 COASTAL PLAIN. 

15 (a) IN GENERAL.—The Secretary shall take such ac16 tions as are necessary— 

17 (1) to establish and implement, in accordance 

18 with this title and acting through the Director of the 

19 Bureau of Land Management in consultation with 

20 the Director of the United States Fish and Wildlife 

21 Service, a competitive oil and gas leasing program 

22 that will result in the exploration, development, and 

23 production of the oil and gas resources of the Coast24 al Plain; and 


tjames on DSK6SPTVN1PROD with BILLS
14 

•S 17 IS

1 (2) to administer the provisions of this title 

2 through regulations, lease terms, conditions, restric3 tions, prohibitions, stipulations, and other provisions 

4 that ensure the oil and gas exploration, development, 

5 and production activities on the Coastal Plain will 

6 result in no significant adverse effect on fish and 

7 wildlife, their habitat, subsistence resources, and the 

8 environment, including, in furtherance of this goal, 

9 by requiring the application of the best commercially 

10 available technology for oil and gas exploration, de11 velopment, and production to all exploration, devel12 opment, and production operations under this title 

13 in a manner that ensures the receipt of fair market 

14 value by the public for the mineral resources to be 

15 leased. 

16 (b) REPEAL OF EXISTING RESTRICTION.— 

17 (1) REPEAL.—Section 1003 of the Alaska Na18 tional Interest Lands Conservation Act (16 U.S.C. 

19 3143) is repealed. 

20 (2) CONFORMING AMENDMENT.—The table of 

21 contents in section 1 of such Act is amended by 

22 striking the item relating to section 1003. 

23 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER24 TAIN OTHER LAWS.— 


tjames on DSK6SPTVN1PROD with BILLS
15 

•S 17 IS

1 (1) COMPATIBILITY.—For purposes of the Na2 tional Wildlife Refuge System Administration Act of 

3 1966 (16 U.S.C. 668dd et seq.), the oil and gas 

4 leasing program and activities authorized by this 

5 section in the Coastal Plain are deemed to be com6 patible with the purposes for which the Arctic Na7 tional Wildlife Refuge was established, and no fur8 ther findings or decisions are required to implement 

9 this determination. 

10 (2) ADEQUACY OF THE DEPARTMENT OF THE

11 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

12 STATEMENT.—The ‘‘Final Legislative Environ13 mental Impact Statement’’ (April 1987) on the 

14 Coastal Plain prepared pursuant to section 1002 of 

15 the Alaska National Interest Lands Conservation 

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

17 National Environmental Policy Act of 1969 (42 

18 U.S.C. 4332(2)(C)) is deemed to satisfy the require19 ments under the National Environmental Policy Act 

20 of 1969 that apply with respect to prelease activities 

21 under this title, including actions authorized to be 

22 taken by the Secretary to develop and promulgate 

23 the regulations for the establishment of a leasing 

24 program authorized by this title before the conduct 

25 of the first lease sale. 


tjames on DSK6SPTVN1PROD with BILLS
16 

•S 17 IS

1 (3) COMPLIANCE WITH NEPA FOR OTHER AC2 TIONS.—Before conducting the first lease sale under 

3 this title, the Secretary shall prepare an environ4 mental impact statement under the National Envi5 ronmental Policy Act of 1969 with respect to the ac6 tions authorized by this title that are not referred to 

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

8 the Secretary is not required to identify nonleasing 

9 alternative courses of action or to analyze the envi10 ronmental effects of such courses of action. The Sec11 retary shall only identify a preferred action for such 

12 leasing and a single leasing alternative, and analyze 

13 the environmental effects and potential mitigation 

14 measures for those two alternatives. The identifica15 tion of the preferred action and related analysis for 

16 the first lease sale under this title shall be completed 

17 within 18 months after the date of enactment of this 

18 Act. The Secretary shall only consider public com19 ments that specifically address the Secretary’s pre20 ferred action and that are filed within 20 days after 

21 publication of an environmental analysis. Notwith22 standing any other law, compliance with this para23 graph is deemed to satisfy all requirements for the 

24 analysis and consideration of the environmental ef25 fects of proposed leasing under this title. 


tjames on DSK6SPTVN1PROD with BILLS
17 

•S 17 IS

1 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR2 ITY.—Nothing in this title shall be considered to expand 

3 or limit State and local regulatory authority. 

4 (e) SPECIAL AREAS.— 

5 (1) IN GENERAL.—The Secretary, after con6 sultation with the State of Alaska, the city of 

7 Kaktovik, and the North Slope Borough, may des8 ignate up to a total of 45,000 acres of the Coastal 

9 Plain as a Special Area if the Secretary determines 

10 that the Special Area is of such unique character 

11 and interest so as to require special management 

12 and regulatory protection. The Secretary shall des13 ignate as such a Special Area the Sadlerochit Spring 

14 area, comprising approximately 4,000 acres. 

15 (2) MANAGEMENT.—Each such Special Area 

16 shall be managed so as to protect and preserve the 

17 area’s unique and diverse character including its 

18 fish, wildlife, and subsistence resource values. 

19 (3) EXCLUSION FROM LEASING OR SURFACE

20 OCCUPANCY.—The Secretary may exclude any Spe21 cial Area from leasing. If the Secretary leases a Spe22 cial Area, or any part thereof, for purposes of oil 

23 and gas exploration, development, production, and 

24 related activities, there shall be no surface occu25 pancy of the lands comprising the Special Area. 


tjames on DSK6SPTVN1PROD with BILLS
18 

•S 17 IS

1 (4) DIRECTIONAL DRILLING.—Notwithstanding 

2 the other provisions of this subsection, the Secretary 

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

4 terms that permit the use of horizontal drilling tech5 nology from sites on leases tracts located outside the 

6 Special Area. 

7 (f) LIMITATION ON CLOSED AREAS.—The Sec8 retary’s sole authority to close lands within the Coastal 

9 Plain to oil and gas leasing and to exploration, develop10 ment, and production is that set forth in this title. 

11 (g) REGULATIONS.— 

12 (1) IN GENERAL.—The Secretary shall pre13 scribe such regulations as may be necessary to carry 

14 out this title, including regulations relating to pro15 tection of the fish and wildlife, their habitat, subsist16 ence resources, and environment of the Coastal 

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

18 enactment of this Act. 

19 (2) REVISION OF REGULATIONS.—The Sec20 retary shall, through a rule making conducted in ac21 cordance with section 553 of title 5, United States 

22 Code, periodically review and, if appropriate, revise 

23 the regulations issued under subsection (a) to reflect 

24 a preponderance of the best available scientific evi25 dence that has been peer reviewed and obtained by 


tjames on DSK6SPTVN1PROD with BILLS
19 

•S 17 IS

1 following appropriate, documented scientific proce2 dures, the results of which can be repeated using 

3 those same procedures. 

4 SEC. 203. LEASE SALES. 

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

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

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

8 181 et seq.). 

9 (b) PROCEDURES.—The Secretary shall, by regula10 tion and no later than 180 days after the date of enact11 ment of this Act, establish procedures for— 

12 (1) receipt and consideration of sealed nomina13 tions for any area of the Coastal Plain for inclusion 

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

15 a lease sale; 

16 (2) the holding of lease sales after such nomina17 tion process; and 

18 (3) public notice of and comment on designa19 tion of areas to be included in, or excluded from, a 

20 lease sale. 

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

22 may be conducted through an Internet leasing program, 

23 if the Secretary determines that such a system will result 

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


tjames on DSK6SPTVN1PROD with BILLS
20 

•S 17 IS

1 bidders participating, and higher returns than oral bidding 

2 or a sealed bidding system. 

3 (d) SALE ACREAGES AND SCHEDULE.— 

4 (1) The Secretary shall offer for lease under 

5 this title those tracts the Secretary considers to have 

6 the greatest potential for the discovery of hydro7 carbons, taking into consideration nominations re8 ceived pursuant to subsection (b)(1). 

9 (2) The Secretary shall offer for lease under 

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

11 22 months after the date of the enactment of this 

12 Act. 

13 (3) The Secretary shall offer for lease under 

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

15 6-, 12-, and 18-month intervals following offering 

16 under paragraph (2). 

17 (4) The Secretary shall conduct four additional 

18 sales under the same terms and schedule no later 

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

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

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

22 of such sales. 

23 (5) The Secretary shall evaluate the bids in 

24 each sale and issue leases resulting from such sales, 


tjames on DSK6SPTVN1PROD with BILLS
21 

•S 17 IS

1 within 90 days after the date of the completion of 

2 such sale. 

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

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

5 highest responsible qualified bidder in a lease sale con6 ducted under section 203 any lands to be leased on the 

7 Coastal Plain upon payment by the such bidder of such 

8 bonus as may be accepted by the Secretary. 

9 (b) SUBSEQUENT TRANSFERS.—No lease issued 

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

11 or otherwise transferred except with the approval of the 

12 Secretary. Prior to any such approval the Secretary shall 

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

14 the Attorney General. 

15 SEC. 205. LEASE TERMS AND CONDITIONS. 

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

17 this title shall— 

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

less than 121 19 ⁄2 percent in amount or value of the 

20 production removed or sold under the lease, as de21 termined by the Secretary under the regulations ap22 plicable to other Federal oil and gas leases; 

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

24 seasonal basis, portions of the Coastal Plain to ex25 ploratory drilling activities as necessary to protect 


tjames on DSK6SPTVN1PROD with BILLS
22 

•S 17 IS

1 caribou calving areas and other species of fish and 

2 wildlife based on a preponderance of the best avail3 able scientific evidence that has been peer reviewed 

4 and obtained by following appropriate, documented 

5 scientific procedures, the results of which can be re6 peated using those same procedures; 

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

8 Coastal Plain shall be fully responsible and liable for 

9 the reclamation of lands within the Coastal Plain 

10 and any other Federal lands that are adversely af11 fected in connection with exploration, development, 

12 production, or transportation activities conducted 

13 under the lease and within the Coastal Plain by the 

14 lessee or by any of the subcontractors or agents of 

15 the lessee; 

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

17 convey, by contract or otherwise, the reclamation re18 sponsibility and liability to another person without 

19 the express written approval of the Secretary; 

20 (5) provide that the standard of reclamation for 

21 lands required to be reclaimed under this title shall 

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

23 supporting the uses which the lands were capable of 

24 supporting prior to any exploration, development, or 

25 production activities, or upon application by the lesVerDate Mar 15 2010 01:50 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S17.IS S17

tjames on DSK6SPTVN1PROD with BILLS
23 

•S 17 IS

1 see, to a higher or better use as certified by the Sec2 retary; 

3 (6) contain terms and conditions relating to 

4 protection of fish and wildlife, their habitat, subsist5 ence resources, and the environment as required 

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

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

8 contractors use best efforts to provide a fair share, 

9 as determined by the level of obligation previously 

10 agreed to in the 1974 agreement implementing sec11 tion 29 of the Federal Agreement and Grant of 

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

13 Pipeline, of employment and contracting for Alaska 

14 Natives and Alaska Native corporations from 

15 throughout the State; 

16 (8) prohibit the export of oil produced under 

17 the lease; and 

18 (9) contain such other provisions as the Sec19 retary determines necessary to ensure compliance 

20 with this title and the regulations issued under this 

21 title. 

22 (b) NEGOTIATED LABOR AGREEMENTS.—The Sec23 retary, as a term and condition of each lease under this 

24 title, shall require that the lessee and its agents and con25 tractors negotiate to obtain an agreement for the employVerDate Mar 15 2010 01:50 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S17.IS S17

tjames on DSK6SPTVN1PROD with BILLS
24 

•S 17 IS

1 ment of laborers and mechanics on production, mainte2 nance, and construction under the lease. 

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

4 WORKING FOR AMERICA. 

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

6 Congress that— 

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

8 United States domestic energy sector that, in turn, 

9 helps to reinvigorate American manufacturing, 

10 transportation, and service sectors by employing the 

11 vast talents of United States workers to assist in the 

12 development of energy from domestic sources; and 

13 (2) Congress will monitor the deployment of 

14 personnel and material onshore and offshore to en15 courage the development of American technology 

16 and manufacturing to enable United States workers 

17 to benefit from this title through good jobs and ca18 reers, as well as the establishment of important in19 dustrial facilities to support expanded access to 

20 American resources. 

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

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

23 United States workers and equipment manufactured in 

24 the United States in all construction related to mineral 

25 development on the Coastal Plain. 


tjames on DSK6SPTVN1PROD with BILLS
25 

•S 17 IS

1 SEC. 207. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

2 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

3 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

4 The Secretary shall, consistent with the requirements of 

5 section 202, administer this title through regulations, 

6 lease terms, conditions, restrictions, prohibitions, stipula7 tions, and other provisions that— 

8 (1) ensure the oil and gas exploration, develop9 ment, and production activities on the Coastal Plain 

10 will result in no significant adverse effect on fish 

11 and wildlife, their habitat, and the environment; 

12 (2) require the application of the best commer13 cially available technology for oil and gas explo14 ration, development, and production on all new ex15 ploration, development, and production operations; 

16 and 

17 (3) ensure that the maximum amount of sur18 face acreage covered by production and support fa19 cilities, including airstrips and any areas covered by 

20 gravel berms or piers for support of pipelines, does 

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

22 each 100,000 acres of area leased. 

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

24 The Secretary shall also require, with respect to any pro25 posed drilling and related activities, that— 


tjames on DSK6SPTVN1PROD with BILLS
26 

•S 17 IS

1 (1) a site-specific analysis be made of the prob2 able effects, if any, that the drilling or related activi3 ties will have on fish and wildlife, their habitat, sub4 sistence resources, and the environment; 

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

6 and mitigate (in that order and to the extent prac7 ticable) any significant adverse effect identified 

8 under paragraph (1); and 

9 (3) the development of the plan shall occur 

10 after consultation with the agency or agencies hav11 ing jurisdiction over matters mitigated by the plan. 

12 (c) REGULATIONS TO PROTECT COASTAL PLAIN

13 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

14 AND THE ENVIRONMENT.—Before implementing the leas15 ing program authorized by this title, the Secretary shall 

16 prepare and promulgate regulations, lease terms, condi17 tions, restrictions, prohibitions, stipulations, and other 

18 measures designed to ensure that the activities undertaken 

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

20 manner consistent with the purposes and environmental 

21 requirements of this title. 

22 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI23 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

24 proposed regulations, lease terms, conditions, restrictions, 

25 prohibitions, and stipulations for the leasing program 


tjames on DSK6SPTVN1PROD with BILLS
27 

•S 17 IS

1 under this title shall require compliance with all applicable 

2 provisions of Federal and State environmental law, and 

3 shall also require the following: 

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

5 and environmental mitigation measures set forth in 

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

7 ‘‘Final Legislative Environmental Impact State8 ment’’ (April 1987) on the Coastal Plain. 

9 (2) Seasonal limitations on exploration, develop10 ment, and related activities, where necessary, to 

11 avoid significant adverse effects during periods of 

12 concentrated fish and wildlife breeding, denning, 

13 nesting, spawning, and migration based on a prepon14 derance of the best available scientific evidence that 

15 has been peer reviewed and obtained by following 

16 appropriate, documented scientific procedures, the 

17 results of which can be repeated using those same 

18 procedures. 

19 (3) That exploration activities, except for sur20 face geological studies, be limited to the period be21 tween approximately November 1 and May 1 each 

22 year and that exploration activities shall be sup23 ported, if necessary, by ice roads, winter trails with 

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

25 transport methods, except that such exploration acVerDate Mar 15 2010 01:50 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S17.IS S17

tjames on DSK6SPTVN1PROD with BILLS
28 

•S 17 IS

1 tivities may occur at other times if the Secretary 

2 finds that such exploration will have no significant 

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

4 and the environment of the Coastal Plain. 

5 (4) Design safety and construction standards 

6 for all pipelines and any access and service roads, 

7 that— 

8 (A) minimize, to the maximum extent pos9 sible, adverse effects upon the passage of mi10 gratory species such as caribou; and 

11 (B) minimize adverse effects upon the flow 

12 of surface water by requiring the use of cul13 verts, bridges, and other structural devices. 

14 (5) Prohibitions on general public access and 

15 use on all pipeline access and service roads. 

16 (6) Stringent reclamation and rehabilitation re17 quirements, consistent with the standards set forth 

18 in this title, requiring the removal from the Coastal 

19 Plain of all oil and gas development and production 

20 facilities, structures, and equipment upon completion 

21 of oil and gas production operations, except that the 

22 Secretary may exempt from the requirements of this 

23 paragraph those facilities, structures, or equipment 

24 that the Secretary determines would assist in the 

25 management of the Arctic National Wildlife Refuge 


tjames on DSK6SPTVN1PROD with BILLS
29 

•S 17 IS

1 and that are donated to the United States for that 

2 purpose. 

3 (7) Appropriate prohibitions or restrictions on 

4 access by all modes of transportation. 

5 (8) Appropriate prohibitions or restrictions on 

6 sand and gravel extraction. 

7 (9) Consolidation of facility siting. 

8 (10) Appropriate prohibitions or restrictions on 

9 use of explosives. 

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

11 springs, streams, and river systems; the protection 

12 of natural surface drainage patterns, wetlands, and 

13 riparian habitats; and the regulation of methods or 

14 techniques for developing or transporting adequate 

15 supplies of water for exploratory drilling. 

16 (12) Avoidance or minimization of air traffic-re17 lated disturbance to fish and wildlife. 

18 (13) Treatment and disposal of hazardous and 

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

20 muds and cuttings, and domestic wastewater, includ21 ing an annual waste management report, a haz22 ardous materials tracking system, and a prohibition 

23 on chlorinated solvents, in accordance with applica24 ble Federal and State environmental law. 


tjames on DSK6SPTVN1PROD with BILLS
30 

•S 17 IS

1 (14) Fuel storage and oil spill contingency plan2 ning. 

3 (15) Research, monitoring, and reporting re4 quirements. 

5 (16) Field crew environmental briefings. 

6 (17) Avoidance of significant adverse effects 

7 upon subsistence hunting, fishing, and trapping by 

8 subsistence users. 

9 (18) Compliance with applicable air and water 

10 quality standards. 

11 (19) Appropriate seasonal and safety zone des12 ignations around well sites, within which subsistence 

13 hunting and trapping shall be limited. 

14 (20) Reasonable stipulations for protection of 

15 cultural and archeological resources. 

16 (21) All other protective environmental stipula17 tions, restrictions, terms, and conditions deemed 

18 necessary by the Secretary. 

19 (e) CONSIDERATIONS.—In preparing and promul20 gating regulations, lease terms, conditions, restrictions, 

21 prohibitions, and stipulations under this section, the Sec22 retary shall consider the following: 

23 (1) The stipulations and conditions that govern 

24 the National Petroleum Reserve-Alaska leasing pro25 gram, as set forth in the 1999 Northeast National 


tjames on DSK6SPTVN1PROD with BILLS
31 

•S 17 IS

1 Petroleum Reserve-Alaska Final Integrated Activity 

2 Plan/Environmental Impact Statement. 

3 (2) The environmental protection standards 

4 that governed the initial Coastal Plain seismic explo5 ration program under parts 37.31 to 37.33 of title 

6 50, Code of Federal Regulations. 

7 (3) The land use stipulations for exploratory 

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

9 forth in appendix 2 of the August 9, 1983, agree10 ment between Arctic Slope Regional Corporation and 

11 the United States. 

12 (f) FACILITY CONSOLIDATION PLANNING.— 

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

14 providing for public notice and comment, prepare 

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

16 direct the siting and construction of facilities for the 

17 exploration, development, production, and transpor18 tation of Coastal Plain oil and gas resources. 

19 (2) OBJECTIVES.—The plan shall have the fol20 lowing objectives: 

21 (A) Avoiding unnecessary duplication of fa22 cilities and activities. 

23 (B) Encouraging consolidation of common 

24 facilities and activities. 


tjames on DSK6SPTVN1PROD with BILLS
32 

•S 17 IS

1 (C) Locating or confining facilities and ac2 tivities to areas that will minimize impact on 

3 fish and wildlife, their habitat, and the environ4 ment. 

5 (D) Utilizing existing facilities wherever 

6 practicable. 

7 (E) Enhancing compatibility between wild8 life values and development activities. 

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

10 shall— 

11 (1) manage public lands in the Coastal Plain 

12 subject to section 811 of the Alaska National Inter13 est Lands Conservation Act (16 U.S.C. 3121); and 

14 (2) ensure that local residents shall have rea15 sonable access to public lands in the Coastal Plain 

16 for traditional uses. 

17 SEC. 208. EXPEDITED JUDICIAL REVIEW. 

18 (a) FILING OF COMPLAINT.— 

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

20 complaint seeking judicial review— 

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

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

23 enactment of this Act; or 

24 (B) of any action of the Secretary under 

25 this title shall be filed— 


tjames on DSK6SPTVN1PROD with BILLS
33 

•S 17 IS

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

2 within the 90-day period beginning on the 

3 date of the action being challenged; or 

4 (ii) in the case of a complaint based 

5 solely on grounds arising after such period, 

6 within 90 days after the complainant knew 

7 or reasonably should have known of the 

8 grounds for the complaint. 

9 (2) VENUE.—Any complaint seeking judicial re10 view of any provision of this title or any action of 

11 the Secretary under this title may be filed only in 

12 the United States Court of Appeals for the District 

13 of Columbia. 

14 (3) LIMITATION ON SCOPE OF CERTAIN RE15 VIEW.—Judicial review of a Secretarial decision to 

16 conduct a lease sale under this title, including the 

17 environmental analysis thereof, shall be limited to 

18 whether the Secretary has complied with this title 

19 and shall be based upon the administrative record of 

20 that decision. The Secretary’s identification of a pre21 ferred course of action to enable leasing to proceed 

22 and the Secretary’s analysis of environmental effects 

23 under this title shall be presumed to be correct un24 less shown otherwise by clear and convincing evi25 dence to the contrary. 


tjames on DSK6SPTVN1PROD with BILLS
34 

•S 17 IS

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

2 Secretary with respect to which review could have been 

3 obtained under this section shall not be subject to judicial 

4 review in any civil or criminal proceeding for enforcement. 

5 (c) LIMITATION ON ATTORNEYS’ FEES AND COURT

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

7 under this title shall receive payment from the Federal 

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

9 including under any provision of law enacted by the Equal 

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

11 SEC. 209. TREATMENT OF REVENUES. 

12 Notwithstanding any other provision of law, 90 per13 cent of the amount of bonus, rental, and royalty revenues 

14 from Federal oil and gas leasing and operations author15 ized under this title shall be deposited in the Treasury. 

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

17 (a) IN GENERAL.—The Secretary shall issue rights18 of-way and easements across the Coastal Plain for the 

19 transportation of oil and gas produced under leases under 

20 this title— 

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

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

23 185), without regard to title XI of the Alaska Na24 tional Interest Lands Conservation Act (16 U.S.C. 

25 3161 et seq.); and 


tjames on DSK6SPTVN1PROD with BILLS
35 

•S 17 IS

1 (2) under title XI of the Alaska National Inter2 est Lands Conservation Act (30 U.S.C. 3161 et 

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

4 1111 of that Act (16 U.S.C. 3170 and 3171). 

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

6 include in any right-of-way or easement issued under sub7 section (a) such terms and conditions as may be necessary 

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

9 in a significant adverse effect on the fish and wildlife, sub10 sistence resources, their habitat, and the environment of 

11 the Coastal Plain, including requirements that facilities be 

12 sited or designed so as to avoid unnecessary duplication 

13 of roads and pipelines. 

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

15 regulations under section 202(g) provisions granting 

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

17 of this section. 

18 SEC. 211. CONVEYANCE. 

19 In order to maximize Federal revenues by removing 

20 clouds on title to lands and clarifying land ownership pat21 terns within the Coastal Plain, the Secretary, notwith22 standing section 1302(h)(2) of the Alaska National Inter23 est Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 

24 convey— 


tjames on DSK6SPTVN1PROD with BILLS
36 

•S 17 IS

1 (1) to the Kaktovik Inupiat Corporation the 

2 surface estate of the lands described in paragraph 1 

3 of Public Land Order 6959, to the extent necessary 

4 to fulfill the Corporation’s entitlement under sec5 tions 12 and 14 of the Alaska Native Claims Settle6 ment Act (43 U.S.C. 1611 and 1613) in accordance 

7 with the terms and conditions of the Agreement be8 tween the Department of the Interior, the United 

9 States Fish and Wildlife Service, the Bureau of 

10 Land Management, and the Kaktovik Inupiat Cor11 poration dated January 22, 1993; and 

12 (2) to the Arctic Slope Regional Corporation 

13 the remaining subsurface estate to which it is enti14 tled pursuant to the August 9, 1983, agreement be15 tween the Arctic Slope Regional Corporation and the 

16 United States of America. 

17 TITLE III—REGULATORY 

18 STREAMLINING 

19 SEC. 301. JURISDICTION OVER COVERED ENERGY 

20 PROJECTS. 

21 (a) DEFINITION OF COVERED ENERGY PROJECT.— 

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

23 any action or decision by a Federal official regarding— 

24 (1) the leasing of Federal land (including sub25 merged land) for the exploration, development, proVerDate Mar 15 2010 01:50 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S17.IS S17

tjames on DSK6SPTVN1PROD with BILLS
37 

•S 17 IS

1 duction, processing, or transmission of oil, natural 

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

3 actions and decisions regarding the selection or of4 fering of Federal land for such leasing; or 

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

6 this section and Act shall not apply to a dispute be7 tween the parties to a lease entered into a provision 

8 of law authorizing the lease regarding obligations 

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

10 (b) EXCLUSIVE JURISDICTION OVER CAUSES AND

11 CLAIMS RELATING TO COVERED ENERGY PROJECTS.— 

12 Notwithstanding any other provision of law, the United 

13 States District Court for the District of Columbia shall 

14 have exclusive jurisdiction to hear all causes and claims 

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

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

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

18 Circuit. 

19 (c) TIME FOR FILING COMPLAINT.— 

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

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

22 of the 60-day period beginning on the date of the ac23 tion or decision by a Federal official that constitutes 

24 the covered energy project concerned. 


tjames on DSK6SPTVN1PROD with BILLS
38 

•S 17 IS

1 (2) PROHIBITION.—Any cause or claim de2 scribed in subsection (b) that is not filed within the 

3 time period described in paragraph (1) shall be 

4 barred. 

5 (d) DISTRICT COURT FOR DISTRICT OF COLUMBIA

6 DEADLINE.— 

7 (1) IN GENERAL.—Each proceeding that is sub8 ject to subsection (b) shall— 

9 (A) be resolved as expeditiously as prac10 ticable and in any event not more than 180 

11 days after the cause or claim is filed; and 

12 (B) take precedence over all other pending 

13 matters before the district court. 

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

15 an interlocutory or final judgment, decree, or order 

16 has not been issued by the district court by the 

17 deadline required under this section, the cause or 

18 claim shall be dismissed with prejudice and all rights 

19 relating to the cause or claim shall be terminated. 

20 (e) ABILITY TO SEEK APPELLATE REVIEW.—An in21 terlocutory or final judgment, decree, or order of the dis22 trict court under this section may be reviewed by no other 

23 court except the Supreme Court. 


tjames on DSK6SPTVN1PROD with BILLS
39 

•S 17 IS

1 SEC. 302. ENVIRONMENTAL LEGAL FEES. 

2 Section 504 of title 5, United States Code, is amend3 ed by adding at the end the following: 

4 ‘‘(g) ENVIRONMENTAL LEGAL FEES.—Notwith5 standing section 1304 of title 31, no award may be made 

6 under this section and no amounts may be obligated or 

7 expended from the Claims and Judgment Fund of the 

8 United States Treasury to pay any legal fees of an envi9 ronmental nongovernmental organization related to an ac10 tion that (with respect to the United States)— 

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

12 or the production of— 

13 ‘‘(A) energy; 

14 ‘‘(B) a mineral resource; 

15 ‘‘(C) water by agricultural producers; 

16 ‘‘(D) a resource by commercial or rec17 reational fishermen; or 

18 ‘‘(E) grazing or timber production on Fed19 eral land; 

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

21 property owner; or 

22 ‘‘(3) eliminates or prevents 1 or more jobs.’’. 

23 SEC. 303. MASTER LEASING PLANS. 

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, the Secretary of the Interior, acting through 

26 the Bureau of Land Management, shall not establish a 


tjames on DSK6SPTVN1PROD with BILLS
40 

•S 17 IS

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

2 Secretary. 

3 (b) EXISTING MASTER LEASING PLANS.—Instruc4 tion Memorandum No. 2010–117 and any other master 

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

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

7 effect. 

8 SEC. 304. NATIONAL MONUMENTS. 

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

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

11 is amended in the first sentence by striking ‘‘, in his dis12 cretion, to declare by public proclamation’’ and inserting 

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

14 SEC. 305. CARBON DIOXIDE AND OTHER GREENHOUSE GAS 

15 EMISSIONS REDUCTIONS IN CHINA, INDIA, 

16 AND RUSSIA. 

17 (a) DEFINITION OF ADMINISTRATOR.—In this sec18 tion, the term ‘‘Administrator’’ means the Administrator 

19 of the Environmental Protection Agency. 

20 (b) FINDINGS.—Congress finds that— 

21 (1) in 1997, the Senate adopted Senate Resolu22 tion 98, 105th Congress, agreed to July 25, 1997, 

23 which expressed the sense of the Senate that the 

24 United States should not accept any agreement that 

25 would mandate new commitments to limit or reduce 


tjames on DSK6SPTVN1PROD with BILLS
41 

•S 17 IS

1 greenhouse gas emissions by developed countries un2 less the agreement also mandated new specific 

3 scheduled commitments to limit or reduce green4 house gas emissions by developing countries within 

5 the same compliance period; and 

6 (2) the Administrator continues to move for7 ward with the regulation of carbon dioxide emis8 sions, however, the People’s Republic of China, 

9 India, and the Russian Federation do not impose 

10 similar regulations on carbon dioxide emissions. 

11 (c) CARBON DIOXIDE OR GREENHOUSE GAS EMIS12 SIONS REDUCTIONS.—Notwithstanding any other provi13 sion of law, the Administrator or the head of any other 

14 Federal agency or department shall not regulate or con15 tinue to implement or enforce any regulations, proposals, 

16 or actions establishing any carbon dioxide or greenhouse 

17 gas emissions reductions until the Administrator, the Ad18 ministrator of the Energy Information Agency, and the 

19 Secretary of Commerce certify in writing that— 

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

21 the Russian Federation have proposed, implemented, 

22 and enforced measures requiring carbon dioxide and 

23 other greenhouse gas emissions reductions; and 

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

25 are substantially similar to the carbon dioxide and 


tjames on DSK6SPTVN1PROD with BILLS
42 

•S 17 IS

1 other greenhouse gas emission reductions proposed 

2 by the Administrator or the head of any other Fed3 eral agency or department for the United States. 

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

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

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

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

8 or other greenhouse gas emissions reduction shall have no 

9 force or effect. 

10 SEC. 306. EMPLOYMENT EFFECTS OF ACTIONS UNDER 

11 CLEAN AIR ACT. 

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

13 7621(b)) is amended— 

14 (1) by designating the first through eighth sen15 tences as paragraphs (1) through (8), respectively; 

16 and 

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

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

19 days before conducting a public hearing or providing 

20 notice of a determination that a hearing is not nec21 essary with respect to a requirement described in 

22 paragraph (1), the Administrator shall— 

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

24 the requirement; and 


tjames on DSK6SPTVN1PROD with BILLS
43 

•S 17 IS

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

2 results of the analysis available to the public. 

3 ‘‘(10) ECONOMIC REVIEW BOARD.— 

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

5 days after the date on which the Administrator 

6 makes the results of an economic analysis of a 

7 requirement available to the public under para8 graph (9)(B), the Secretary of Commerce shall 

9 establish an economic review board consisting of 

10 a representative from each Federal agency with 

11 jurisdiction over affected industries to assess— 

12 ‘‘(i) the cumulative economic impact 

13 of the requirement, including the direct, in14 direct, quantifiable, and qualitative effects; 

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

16 requirement; 

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

18 the retirement or closure of domestic busi19 nesses; 

20 ‘‘(iv) energy sectors that could be ex21 pected to retire units as a result of the re22 quirement; 

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

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

25 renewable resources; 


tjames on DSK6SPTVN1PROD with BILLS
44 

•S 17 IS

1 ‘‘(vi) the economic harm to consumers 

2 resulting from the requirement; 

3 ‘‘(vii) the impact of the requirement 

4 on the ability of industries and businesses 

5 in the United States to compete with in6 dustries and businesses in other countries, 

7 with respect to competitiveness in both do8 mestic and foreign markets; 

9 ‘‘(viii) the regions of the United 

10 States that are forecasted to be— 

11 ‘‘(I) most affected from the di12 rect and indirect adverse impacts of 

13 the requirement from the retirement 

14 of impacted units and increased prices 

15 for retail electricity, transportation 

16 fuels, heating oil, and petrochemicals; 

17 and 

18 ‘‘(II) least affected from adverse 

19 impacts described in subclause (I) due 

20 to the creation of new jobs and eco21 nomic growth that are expected to re22 sult directly and indirectly from en23 ergy construction projects; 

24 ‘‘(ix) the adverse impacts of the re25 quirement on electric reliability that are 


tjames on DSK6SPTVN1PROD with BILLS
45 

•S 17 IS

1 expected to result from the retirement of 

2 electric generation; 

3 ‘‘(x) the geographical distribution of 

4 the projected adverse electric reliability im5 pacts of the requirement; 

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

7 that have been or will be implemented to 

8 support energy infrastructure in the 

9 United States, including policies that pro10 mote fuel diversity, affordable and reliable 

11 electricity, and energy security; 

12 ‘‘(xii) the potential economic impacts 

13 as a result of outsourcing; and 

14 ‘‘(xiii) other direct and indirect im15 pacts that are expected to result from the 

16 cumulative obligation to comply with the 

17 requirement. 

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

19 after the date on which the economic review 

20 board completes the assessment of a require21 ment under subparagraph (A), the economic re22 view board shall submit to Congress, the Presi23 dent, and the Secretary a report that describes 

24 the results of the assessment. 


tjames on DSK6SPTVN1PROD with BILLS
46 

•S 17 IS

1 ‘‘(C) REGULATIONS.—The Administrator 

2 shall not promulgate regulations to implement a 

3 requirement described in paragraph (1) until at 

4 least 60 days after the date of submission of 

5 the report on the requirement under subpara6 graph (B).’’. 

7 SEC. 307. ENDANGERED SPECIES. 

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

9 Species Act of 1973 (16 U.S.C. 1539) is amended by add10 ing at the end the following: 

11 ‘‘(k) EMERGENCIES.—On the declaration of an emer12 gency by the Governor of a State, the Secretary shall, for 

13 the duration of the emergency, temporarily exempt from 

14 the prohibition against taking, and the prohibition against 

15 the adverse modification of critical habitat, under this Act 

16 any action that is reasonably necessary to avoid or amelio17 rate the impact of the emergency, including fighting or 

18 preventing forest fires and the building, rebuilding, or op19 eration of any water supply or flood control project by a 

20 Federal agency.’’. 

21 (b) PROHIBITION OF CONSIDERATION OF IMPACT OF

22 GREENHOUSE GASES AND CLIMATE CHANGE.— 

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

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

25 adding at the end the following: 


tjames on DSK6SPTVN1PROD with BILLS
47 

•S 17 IS

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

2 GREENHOUSE GASES AND CLIMATE CHANGE. 

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

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

5 ‘‘(1) carbon dioxide; 

6 ‘‘(2) methane; 

7 ‘‘(3) nitrous oxide; 

8 ‘‘(4) sulfur hexafluoride; 

9 ‘‘(5) a hydrofluorocarbon; 

10 ‘‘(6) a perfluorocarbon; or 

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

12 the Secretary for purposes of this section. 

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

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

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

16 be considered for any purpose in the implementation of 

17 this Act.’’. 

18 (2) CONFORMING AMENDMENT.—The table of 

19 contents in the first section of the Endangered Spe20 cies Act of 1973 (16 U.S.C. prec. 1531) is amended 

21 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.’’. 


tjames on DSK6SPTVN1PROD with BILLS
48 

•S 17 IS

1 SEC. 308. CENTRAL VALLEY PROJECT. 

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

3 1012; 16 U.S.C. 695d et seq.) is amended by adding at 

4 the end the following: 

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

6 ‘‘Notwithstanding any other provision of law, in con7 nection with the Central Valley Project, the Bureau of 

8 Reclamation and an agency of the State of California op9 erating a water project in connection with the Project shall 

10 not restrict operations of an applicable project pursuant 

11 to any biological opinion issued under the Endangered 

12 Species Act of 1973 (16 U.S.C. 1531 et seq.), if the re13 striction would result in a level of allocation of water that 

14 is less than the historical maximum level of allocation of 

15 water under the project.’’. 

16 SEC. 309. KEYSTONE XL PERMIT APPROVAL. 

17 (a) IN GENERAL.—Notwithstanding Executive Order 

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

19 11423 (3 U.S.C. 301 note), section 301 of title 3, United 

20 States Code, and any other Executive order or provision 

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

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

23 by TransCanada Corporation to the Department of State 

24 for the northern portion of the Keystone XL pipeline from 

25 the Canadian border to the border between the States of 

26 South Dakota and Nebraska. 


tjames on DSK6SPTVN1PROD with BILLS
49 

•S 17 IS

1 (b) ENVIRONMENTAL IMPACT STATEMENT.—The 

2 final environmental impact statement issued by the Sec3 retary of State on August 26, 2011, regarding the pipeline 

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

5 all requirements of the National Environmental Policy Act 

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

7 (c) INTRASTATE PORTION.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law, the route of the Keystone XL pipe10 line through the State of Nebraska reviewed in the 

11 Final Evaluation Report conducted pursuant to Neb. 

12 Rev. Stat. § 57–1503(1) and approved by the Gov13 ernor of the State shall be considered approved. 

14 (2) ENVIRONMENTAL IMPACT STATEMENTS.— 

15 The Final Evaluation Report described in paragraph 

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

17 the National Environmental Policy Act of 1969 (42 

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

19 (d) CRITICAL HABITAT.—No area necessary to con20 struct or maintain the Keystone XL pipeline shall be con21 sidered critical habitat under the Endangered Species Act 

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

23 of law. 

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

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


tjames on DSK6SPTVN1PROD with BILLS
50 

•S 17 IS

1 pipeline and cross-border facilities described in subsections 

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

3 shall remain in effect. 

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

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

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

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

8 other action taken to construct or complete the project 

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

10 review on direct appeal to the United States Court of Ap11 peals for the District of Columbia Circuit. 

12 SEC. 310. DRAKES BAY OYSTER COMPANY. 

13 Notwithstanding any other provision of law (includ14 ing the memorandum of the Secretary of the Interior 

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

16 Reyes National Seashore–Drakes Bay Oyster Com17 pany’’)— 

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

19 the Director of the National Park Service, shall— 

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

21 10 years, the reservation of use and occupancy 

22 and special use permits to conduct commercial 

23 operations within Point Reyes National Sea24 shore in the State of California held by Drakes 

25 Bay Oyster Company, which expired on NovemVerDate Mar 15 2010 01:50 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S17.IS S17

tjames on DSK6SPTVN1PROD with BILLS
51 

•S 17 IS

1 ber 30, 2012, subject to the terms and condi2 tions contained in those permits, as in effect on 

3 November 29, 2012; and 

4 (B) on receipt of a request from Drakes 

5 Bay Oyster Company (or a successor in inter6 est), renew those reinstated permits for an ad7 ditional 10-year period; and 

8 (2) Drakes Estero in the State of California 

9 shall not be converted to a designated wilderness. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS