I 

113TH CONGRESS 

1ST SESSION H. R. 787 

To greatly enhance America’s path toward energy independence and economic 

and national security, to rebuild our Nation’s aging roads, bridges, locks, 

and dams, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2013 

Mr. MURPHY of Pennsylvania introduced the following bill; which was referred 

to the Committee on Natural Resources, and in addition to the Committees on the Judiciary, Energy and Commerce, Rules, the Budget, and 

Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To greatly enhance America’s path toward energy independence and economic and national security, to rebuild our 

Nation’s aging roads, bridges, locks, and dams, 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 ‘‘Infrastructure Jobs and Energy Independence Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—OFFSHORE LEASING AND OTHER ENERGY PROVISIONS 

Subtitle A—Offshore Leasing 

Sec. 101. Leasing program considered approved. 

Sec. 102. Lease sales. 

Sec. 103. Seaward boundaries of States. 

Sec. 104. Military operations. 

Sec. 105. Coordination with Adjacent States. 

Sec. 106. Gulf of Mexico oil and gas. 

Sec. 107. Sharing of revenues. 

Sec. 108. Inventory of offshore energy resources. 

Sec. 109. Prohibitions on surface occupancy and other appropriate environmental safeguards. 

Subtitle B—Expedited Judicial Review 

Sec. 121. Definitions. 

Sec. 122. Exclusive jurisdiction over causes and claims relating to covered oil 

and natural gas activities. 

Sec. 123. Time for filing petition; standing. 

Sec. 124. Timetable. 

Sec. 125. Limitation on scope of review and relief. 

Sec. 126. Presidential waiver. 

Sec. 127. Legal fees. 

Sec. 128. Exclusion. 

Subtitle C—Other Energy Provisions 

Sec. 131. Policies regarding buying and building American. 

TITLE II—MODIFYING THE STRATEGIC PETROLEUM RESERVE 

AND FUNDING CONSERVATION AND ENERGY RESEARCH AND 

DEVELOPMENT 

Sec. 201. Findings. 

Sec. 202. Definitions. 

Sec. 203. Objectives. 

Sec. 204. Modification of the Strategic Petroleum Reserve. 


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1 TITLE I—OFFSHORE LEASING 

2 AND OTHER ENERGY PROVI3 SIONS 

4 Subtitle A—Offshore Leasing 

5 SEC. 101. LEASING PROGRAM CONSIDERED APPROVED. 

6 (a) IN GENERAL.—The Draft Proposed Outer Conti7 nental Shelf Oil and Gas Leasing Program 2010–2015 

8 issued by the Secretary of the Interior (referred to in this 

9 section as the ‘‘Secretary’’) under section 18 of the Outer 

10 Continental Shelf Lands Act (43 U.S.C. 1344) is consid11 ered to have been approved by the Secretary as a final 

12 oil and gas leasing program under that section, and is con13 sidered to be in full compliance with and in accordance 

14 with all requirements of the Outer Continental Shelf 

15 Lands Act. 

16 (b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 

17 The Secretary is considered to have issued a final environ18 mental impact statement for the program described in 

19 subsection (a) in accordance with all requirements under 

20 section 102(2)(C) of the National Environmental Policy 

21 Act of 1969 (42 U.S.C. 4332(2)(C)). 

22 (c) CORRECTION OF DATES.—The Secretary of the 

23 Interior shall update the dates and deadlines proscribed 

24 in the program described in subsection (a) to reflect the 


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1 time that has passed between the date the program was 

2 issued and the date of enactment of this Act. 

3 SEC. 102. LEASE SALES. 

4 (a) OUTER CONTINENTAL SHELF.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), not later than 30 days after the date of 

7 enactment of this Act and every 270 days thereafter, 

8 the Secretary of the Interior (referred to in this sec9 tion as the ‘‘Secretary’’) shall conduct a lease sale 

10 in each outer Continental Shelf planning area for 

11 which the Secretary determines that there is a com12 mercial interest in purchasing Federal oil and gas 

13 leases for production on the outer Continental Shelf. 

14 (2) SUBSEQUENT DETERMINATIONS AND

15 SALES.—If the Secretary determines that there is 

16 not a commercial interest in purchasing Federal oil 

17 and gas leases for production on the outer Conti18 nental Shelf in a planning area under this sub19 section, not later than 2 years after the date of en20 actment of the determination and every 2 years 

21 thereafter, the Secretary shall— 

22 (A) determine whether there is a commer23 cial interest in purchasing Federal oil and gas 

24 leases for production on the outer Continental 

25 Shelf in the planning area; and 


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1 (B) if the Secretary determines that there 

2 is a commercial interest described in subpara3 graph (A), conduct a lease sale in the planning 

4 area. 

5 (b) RENEWABLE ENERGY AND MARICULTURE.—The 

6 Secretary may conduct commercial lease sales of resources 

7 owned by the United States— 

8 (1) to produce renewable energy (as defined in 

9 section 203(b) of the Energy Policy Act of 2005 (42 

10 U.S.C. 15852(b))); or 

11 (2) to cultivate marine organisms in the natural 

12 habitat of the organisms. 

13 SEC. 103. SEAWARD BOUNDARIES OF STATES. 

14 (a) SEAWARD BOUNDARIES.—Section 4 of the Sub15 merged Lands Act (43 U.S.C. 1312) is amended by strik16 ing ‘‘three geographical miles’’ each place it appears and 

17 inserting ‘‘9 nautical miles’’. 

18 (b) CONFORMING AMENDMENTS.—Section 2 of the 

19 Submerged Lands Act (43 U.S.C. 1301) is amended— 

20 (1) in subsection (a)(2), by striking ‘‘three geo21 graphical miles’’ and inserting ‘‘9 nautical miles’’; 

22 and 

23 (2) in subsection (b)— 

24 (A) by striking ‘‘three geographical miles’’ 

25 and inserting ‘‘9 nautical miles’’; and 


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1 (B) by striking ‘‘three marine leagues’’ and 

2 inserting ‘‘9 nautical miles’’. 

3 (c) EFFECT OF AMENDMENTS.— 

4 (1) IN GENERAL.—Subject to paragraphs (2) 

5 through (4), the amendments made by this section 

6 shall not affect Federal oil and gas mineral rights 

7 and should not affect the States’ current authority 

8 within existing State boundaries. 

9 (2) EXISTING LEASES.—The amendments made 

10 by this section shall not affect any Federal oil and 

11 gas lease in effect on the date of enactment of this 

12 Act. 

13 (3) TAXATION.— 

14 (A) IN GENERAL.—A State may exercise 

15 all of the sovereign powers of taxation of the 

16 State within the entire extent of the seaward 

17 boundaries of the State (as extended by the 

18 amendments made by this section). 

19 (B) LIMITATION.—Nothing in this para20 graph affects the authority of a State to tax 

21 any Federal oil and gas lease in effect on the 

22 date of enactment of this Act. 

23 SEC. 104. MILITARY OPERATIONS. 

24 The Secretary shall consult with the Secretary of De25 fense regarding military operations needs in the Outer 


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1 Continental Shelf. The Secretary shall work with the Sec2 retary of Defense to resolve any conflicts that might arise 

3 between such operations and leasing under this section. 

4 If the Secretaries are unable to resolve all such conflicts, 

5 any unresolved issues shall be referred by the Secretaries 

6 to the President in a timely fashion for immediate resolu7 tion. 

8 SEC. 105. COORDINATION WITH ADJACENT STATES. 

9 Section 19 of the Outer Continental Shelf Lands Act 

10 (43 U.S.C. 1345) is amended— 

11 (1) in subsection (a) in the first sentence by in12 serting ‘‘, for any tract located within the Adjacent 

13 State’s Adjacent Zone,’’ after ‘‘government’’; and 

14 (2) by adding the following: 

15 ‘‘(f)(1) Prior to issuing a permit or approval for the 

16 construction of a pipeline to transport crude oil, natural 

17 gas or associated liquids production withdrawn from oil 

18 and gas leases on the outer Continental Shelf, a Federal 

19 agency must seek the concurrence of the Adjacent State 

20 if the pipeline is to transit the Adjacent State’s Adjacent 

21 Zone between the outer Continental Shelf and landfall. No 

22 State may prohibit construction of such a pipeline within 

23 its Adjacent Zone or its State waters. However, an Adja24 cent State may require routing of such a pipeline to one 

25 of two alternate landfall locations in the Adjacent State, 


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1 designated by the Adjacent State, located within 60 miles 

2 on either side of a proposed landfall location. 

3 ‘‘(2) In this subsection: 

4 ‘‘(A) The term ‘Adjacent State’ means, with re5 spect to any program, plan, lease sale, leased tract 

6 or other activity, proposed, conducted, or approved 

7 pursuant to the provisions of this Act, any State the 

8 laws of which are declared, pursuant to section 

9 4(a)(2), to be the law of the United States for the 

10 portion of the outer Continental Shelf on which such 

11 program, plan, lease sale, leased tract, or activity 

12 appertains or is, or is proposed to be, conducted. 

13 For purposes of this subparagraph, the term ‘State’ 

14 includes the Commonwealth of Puerto Rico, the 

15 Commonwealth of the Northern Mariana Islands, 

16 the Virgin Islands, American Samoa, Guam, and the 

17 other territories of the United States. 

18 ‘‘(B) The term ‘Adjacent Zone’ means, with re19 spect to any program, plan, lease sale, leased tract, 

20 or other activity, proposed, conducted, or approved 

21 pursuant to the provisions of this Act, the portion 

22 of the outer Continental Shelf for which the laws of 

23 a particular Adjacent State are declared, pursuant 

24 to section 4(a)(2), to be the law of the United 

25 States.’’. 


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1 SEC. 106. GULF OF MEXICO OIL AND GAS. 

2 (a) REPEAL.—Section 104 of division C of the Tax 

3 Relief and Health Care Act of 2006 (Public Law 109– 

4 432; 120 Stat. 3003) is repealed. 

5 (b) LEASING PLAN FOR THE EASTERN GULF OF

6 MEXICO.—Pursuant to sections 101 and 102 of this Act, 

7 the Secretary of the Interior shall issue a final leasing plan 

8 for the Eastern Gulf of Mexico within 180 days after the 

9 date of enactment of this Act for all areas where there 

10 exists commercial interest in purchasing Federal oil and 

11 gas leases for production. 

12 SEC. 107. SHARING OF REVENUES. 

13 (a) IN GENERAL.—Section 8(g) of the Outer Conti14 nental Shelf Lands Act (43 U.S.C. 1337(g)) is amended— 

15 (1) in paragraph (2) by striking ‘‘Notwith16 standing’’ and inserting ‘‘Except as provided in 

17 paragraph (6), and notwithstanding’’; 

18 (2) by redesignating paragraphs (6) and (7) as 

19 paragraphs (8) and (9); and 

20 (3) by inserting after paragraph (5) the fol21 lowing: 

22 ‘‘(6) BONUS BIDS AND ROYALTIES UNDER

23 QUALIFIED LEASES.— 

24 ‘‘(A) NEW LEASES.—Of amounts received 

25 by the United States as bonus bids, royalties, 

26 rentals, and other sums collected under any new 


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1 qualified lease on submerged lands made avail2 able for leasing under this Act by the enact3 ment of the Infrastructure Jobs and Energy 

4 Independence Act— 

5 ‘‘(i) 30 percent shall be paid to the 

6 States that are producing States with re7 spect to those submerged lands that are lo8 cated within the seaward boundaries of 

9 such a State established under section 

10 4(a)(2)(A); 

11 ‘‘(ii) 10 percent shall be deposited in 

12 the general fund of the Treasury used sole13 ly for paying off the national debt; and 

14 ‘‘(iii) 60 percent shall be deposited in 

15 the Infrastructure Renewal Reserve estab16 lished by paragraph (7). 

17 ‘‘(B) LEASED TRACT THAT LIES PAR18 TIALLY WITHIN THE SEAWARD BOUNDARIES OF

19 A STATE.—In the case of a leased tract that lies 

20 partially within the seaward boundaries of a 

21 State, the amounts of bonus bids and royalties 

22 from such tract that are subject to subpara23 graph (A)(ii) with respect to such State shall be 

24 a percentage of the total amounts of bonus bids 

25 and royalties from such tract that is equivalent 


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1 to the total percentage of surface acreage of the 

2 tract that lies within such seaward boundaries. 

3 ‘‘(C) USE OF PAYMENTS TO STATES.— 

4 Amounts paid to a State under subparagraph 

5 (A)(ii) shall be used by the State for one or 

6 more of the following: 

7 ‘‘(i) Education. 

8 ‘‘(ii) Transportation. 

9 ‘‘(iii) Coastal restoration, environ10 mental restoration, and beach replenish11 ment. 

12 ‘‘(iv) Energy infrastructure. 

13 ‘‘(v) Renewable energy development. 

14 ‘‘(vi) Energy efficiency and conserva15 tion. 

16 ‘‘(vii) Any other purpose determined 

17 by State law. 

18 ‘‘(D) DEFINITIONS.—In this paragraph: 

19 ‘‘(i) ADJACENT STATE.—The term 

20 ‘Adjacent State’ means, with respect to 

21 any program, plan, lease sale, leased tract 

22 or other activity, proposed, conducted, or 

23 approved pursuant to the provisions of this 

24 Act, any State the laws of which are de25 clared, pursuant to section 4(a)(2), to be 


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1 the law of the United States for the por2 tion of the outer Continental Shelf on 

3 which such program, plan, lease sale, 

4 leased tract, or activity appertains or is, or 

5 is proposed to be, conducted. 

6 ‘‘(ii) ADJACENT ZONE.—The term 

7 ‘Adjacent Zone’ means, with respect to any 

8 program, plan, lease sale, leased tract, or 

9 other activity, proposed, conducted, or ap10 proved pursuant to the provisions of this 

11 Act, the portion of the outer Continental 

12 Shelf for which the laws of a particular 

13 Adjacent State are declared, pursuant to 

14 section 4(a)(2), to be the law of the United 

15 States. 

16 ‘‘(iii) PRODUCING STATE.—The term 

17 ‘producing State’ means an Adjacent State 

18 having an Adjacent Zone containing leased 

19 tracts from which are derived bonus bids 

20 and royalties under a lease under this Act. 

21 ‘‘(iv) STATE.—The term ‘State’ in22 cludes Puerto Rico and the other terri23 tories of the United States. 

24 ‘‘(v) QUALIFIED LEASE.—The term 

25 ‘qualified lease’ means a natural gas or oil 


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1 lease made available under this Act grant2 ed after the date of the enactment of the 

3 Infrastructure Jobs and Energy Independ4 ence Act, for an area that is available for 

5 leasing as a result of enactment of section 

6 101 of that Act. 

7 ‘‘(E) APPLICATION.—This paragraph shall 

8 apply to bonus bids and royalties received by 

9 the United States under qualified leases after 

10 implementation of sections 105 and 106 of the 

11 Infrastructure Jobs and Energy Independence 

12 Act. 

13 ‘‘(F) EXISTING REVENUES.—All revenues 

14 including revenues, including bonus bids, royal15 ties, rentals, and other sums, collected from 

16 leases issued under this Act prior to the enact17 ment Infrastructure Jobs and Energy Inde18 pendence Act, shall not be affected by the provi19 sions of that Act. 

20 ‘‘(7) ESTABLISHMENT OF RESERVE AC21 COUNTS.— 

22 ‘‘(A) IN GENERAL.—For budgetary pur23 poses, there is established as a separate account 

24 to receive deposits under paragraph (6)(A)— 


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1 ‘‘(i) the Infrastructure Renewal Re2 serve which shall be applied to offset the 

3 costs of— 

4 ‘‘(I) Federal-aid highway and 

5 highway safety construction programs 

6 carried out by the Secretary of Trans7 portation; 

8 ‘‘(II) public transportation pro9 grams carried out by the Secretary of 

10 Transportation; 

11 ‘‘(III) water resources develop12 ment construction projects carried out 

13 by the Secretary of the Army (acting 

14 through the Chief of Engineers); and 

15 ‘‘(IV) legislation enacted after 

16 the date of the enactment of the In17 frastructure Jobs and Energy Inde18 pendence Act for purposes of invest19 ment in transportation infrastructure; 

20 and 

21 ‘‘(ii) the Clean Water Reserve, to 

22 first, offset the cost of construction pro23 grams under the Clean Water Act or the 

24 1996 Amendments to the Safe Drinking 

25 Water Act that provide assistance, such as 


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1 grants, matching grants, and no- and low2 interest loans, to State, county, and local 

3 governments to rebuild and modernize 

4 clean water and sewage infrastructure. 

5 ‘‘(B) DEPOSIT OF BALANCE FROM SPR PE6 TROLEUM ACCOUNT.—In addition to deposits 

7 under paragraph (6)(A), the Secretary shall 

8 transfer to the Infrastructure Renewal Reserve 

9 the balance of funds in the SPR Petroleum Ac10 count on the date of enactment of this Act in 

11 excess of $10,000,000. 

12 ‘‘(C) PROCEDURE FOR ADJUSTMENTS.— 

13 ‘‘(i) BUDGET COMMITTEE CHAIR14 MAN.—After the reporting of a bill or joint 

15 resolution, or the offering of an amend16 ment thereto or the submission of a con17 ference report thereon, providing funding 

18 for the purposes set forth in clause (i) or 

19 (ii) of subparagraph (A) in excess of the 

20 sum of amount of the deposits under para21 graph (6)(A) for those purposes for fiscal 

22 year 2013 and funds deposited under sub23 paragraph (B) of this paragraph, the 

24 chairman of the Committee on the Budget 

25 of the applicable House of Congress shall 


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1 make the adjustments set forth in clause 

2 (ii) for the amount of new budget author3 ity and outlays in that measure and the 

4 outlays flowing from that budget authority. 

5 ‘‘(ii) MATTERS TO BE ADJUSTED.— 

6 The adjustments referred to in clause (i) 

7 are to be made to— 

8 ‘‘(I) the discretionary spending 

9 limits, if any, set forth in the appro10 priate concurrent resolution on the 

11 budget; 

12 ‘‘(II) the allocations made pursu13 ant to the appropriate concurrent res14 olution on the budget pursuant to sec15 tion 302(a) of the Congressional 

16 Budget Act of 1974; and 

17 ‘‘(III) the budget aggregates con18 tained in the appropriate concurrent 

19 resolution on the budget as required 

20 by section 301(a) of the Congressional 

21 Budget Act of 1974. 

22 ‘‘(iii) AMOUNTS OF ADJUSTMENTS.— 

23 The adjustments referred to in clauses (i) 

24 and (ii) shall not exceed the receipts esti25 mated by the Congressional Budget Office 


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1 that are attributable to this Act for the fis2 cal year in which the adjustments are 

3 made. 

4 ‘‘(8) MAINTENANCE OF EFFORT BY STATES.— 

5 The Secretary of the Interior, the Secretary of 

6 Health and Human Services, the Secretary of En7 ergy, and any other Federal official with authority 

8 to implement legislation referred to in paragraph 

9 (6)(A) shall ensure that financial assistance provided 

10 to a State under that legislation for any purpose 

11 with amounts made available under this subsection 

12 or in any legislation with respect to which paragraph 

13 (7) applies supplement, and do not replace, the 

14 amounts expended by the State for that purpose be15 fore the date of the enactment of the Infrastructure 

16 Jobs and Energy Independence Act. 

17 ‘‘(9) DISTRIBUTIONS FOR FEDERAL-AID HIGH18 WAY OR HIGHWAY SAFETY CONSTRUCTION PRO19 GRAM.—To the extent practicable, amounts made 

20 available for a Federal-aid highway or highway safe21 ty construction program, the costs of which are off22 set by application of the Infrastructure Renewal Re23 serve, shall be distributed using the apportionment 

24 formula that applies to that program.’’. 


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1 (b) ESTABLISHMENT OF STATE SEAWARD BOUND2 ARIES.—Section 4(a)(2)(A) of the Outer Continental Shelf 

3 Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the 

4 first sentence by striking ‘‘, and the President’’ and all 

5 that follows through the end of the sentence and inserting 

6 the following: ‘‘. Such extended lines are deemed to be as 

7 indicated on the maps for each Outer Continental Shelf 

8 region entitled ‘Alaska OCS Region State Adjacent Zone 

9 and OCS Planning Areas’, ‘Pacific OCS Region State Ad10 jacent Zones and OCS Planning Areas’, ‘Gulf of Mexico 

11 OCS Region State Adjacent Zones and OCS Planning 

12 Areas’, and ‘Atlantic OCS Region State Adjacent Zones 

13 and OCS Planning Areas’, all of which are dated Sep14 tember 2005 and on file in the Office of the Director, Min15 erals Management Service. The preceding sentence shall 

16 not apply with respect to the treatment under section 105 

17 of the Gulf of Mexico Energy Security Act of 2006 (title 

18 I of division C of Public Law 109–432) of qualified outer 

19 Continental Shelf revenues deposited and disbursed under 

20 subsection (a)(2) of that section.’’. 

21 SEC. 108. INVENTORY OF OFFSHORE ENERGY RESOURCES. 

22 (a) IN GENERAL.—The Secretary of the Interior (in 

23 this section referred to as the ‘‘Secretary’’) shall promptly 

24 prepare an inventory of offshore energy resources of the 

25 United States, including through conduct of geological and 


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1 geophysical explorations by private industry in all of the 

2 United States outer Continental Shelf areas of the Atlan3 tic Ocean and the Pacific Ocean under part 251 of title 

4 30, Code of Federal Regulations (or successor regula5 tions). 

6 (b) ENVIRONMENTAL STUDIES.—Not later than 180 

7 days after the date of enactment of this Act, the Secretary 

8 shall complete any environmental studies necessary to 

9 gather information essential to an accurate inventory, in10 cluding geological and geophysical explorations under part 

11 251 of title 30, Code of Federal Regulations (or successor 

12 regulations). 

13 (c) EFFECT ON OIL AND GAS LEASING.—No inven14 tory that is conducted under this section or any other Fed15 eral law (including regulations) shall restrict, limit, delay, 

16 or otherwise adversely affect— 

17 (1) the development of any Outer Continental 

18 Shelf leasing program under section 18 of the Outer 

19 Continental Shelf Lands Act (43 U.S.C. 1344); or 

20 (2) any leasing, exploration, development, or 

21 production of any Federal offshore oil and gas 

22 leases. 

23 (d) FUNDING.— 

24 (1) IN GENERAL.—The Secretary of the Treas25 ury shall make a one-time transfer to the Secretary, 


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1 without further appropriation and from royalties col2 lected by the United States in conjunction with the 

3 production of oil and gas, of such sums as are nec4 essary for the Secretary to carry out this section. 

5 (2) LIMITATION.—The amount transferred 

6 under paragraph (1) shall not exceed $50,000,000. 

7 SEC. 109. PROHIBITIONS ON SURFACE OCCUPANCY AND 

8 OTHER APPROPRIATE ENVIRONMENTAL 

9 SAFEGUARDS. 

10 (a) REGULATIONS.— 

11 (1) IN GENERAL.— 

12 (A) ENVIRONMENTAL SAFEGUARDS.—The 

13 Secretary of the Interior shall promulgate regu14 lations that establish appropriate environmental 

15 safeguards for the exploration and production 

16 of oil and natural gas on the outer Continental 

17 Shelf. 

18 (B) SAFETY PROTOCOLS.—All operations, 

19 including under any permit issued pursuant to 

20 an application for a permit to drill or an appli21 cation for a permit to sidetrack, that has been 

22 approved by the Minerals Management Service 

23 or the Bureau of Ocean Energy Management, 

24 Regulation and Enforcement, for purposes of 

25 outer Continental Shelf energy exploration or 


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1 development and production, shall be carried 

2 out in accordance with the safety protocols con3 tained in part 250 of title 30, Code of Federal 

4 Regulations. 

5 (2) REQUIREMENTS.—The regulations shall in6 clude provisions ensuring that— 

7 (A) no surface facility shall be installed for 

8 the purpose of production of oil or gas re9 sources in any area that is within 10 miles from 

10 the shore of any coastal State, in any area of 

11 the outer Continental Shelf that has not pre12 viously been made available for oil and gas leas13 ing; 

14 (B) only temporary surface facilities are 

15 installed for areas that are located— 

16 (i) beyond 10 miles from the shore 

17 from the shore of any coastal State, in any 

18 area of the Outer Continental Shelf that 

19 has not previously been made available for 

20 oil and gas leasing; and 

21 (ii) not more than 20 miles from the 

22 shore; 

23 (C) the impact of offshore production fa24 cilities on coastal vistas is otherwise mitigated; 

25 and 


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1 (D) onshore facilities that are able to draw 

2 upon the resources of the outer Continental 

3 Shelf within 10 miles of shore are allowed. 

4 (b) CONFORMING AMENDMENT.—Section 105 of the 

5 Department of the Interior, Environment, and Related 

6 Agencies Appropriations Act, 2006 (Public Law 109–54; 

7 119 Stat. 521) (as amended by section 103(d) of the Gulf 

8 of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 

9 note; Public Law 109–432)) is amended by inserting ‘‘and 

10 any other area that the Secretary of the Interior may offer 

11 for leasing, preleasing, or any related activity under sec12 tion 104 of that Act’’ after ‘‘2006)’’. 

13 Subtitle B—Expedited Judicial 

14 Review 

15 SEC. 121. DEFINITIONS. 

16 In this subtitle: 

17 (1) AUTHORIZING LEASING STATUTE.—The 

18 term ‘‘authorizing leasing statute’’ means the Outer 

19 Continental Shelf Lands Act (43 U.S.C. 1331 et 

20 seq.), the Mineral Leasing Act (30 U.S.C. 181 et 

21 seq.), the Mineral Leasing Act for Acquired Lands 

22 (30 U.S.C. 351 et seq.), and any other law of the 

23 United States directing or authorizing the leasing of 

24 Federal lands for oil and gas production or trans25 mission. 


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1 (2) COVERED OIL AND NATURAL GAS ACTIV2 ITY.—The term ‘‘covered oil and natural gas activ3 ity’’ means— 

4 (A) the leasing of any lands pursuant to 

5 an authorizing leasing statute for the explo6 ration, development, production, processing, or 

7 transmission of oil, natural gas, or associated 

8 hydrocarbons, including actions or decisions re9 lating to the selection of which lands may or 

10 shall be made available for such leasing; and 

11 (B) any activity taken or proposed to be 

12 taken pursuant or in relation to such leases, in13 cluding their suspension, and any environ14 mental analyses relating to such activity. 

15 SEC. 122. EXCLUSIVE JURISDICTION OVER CAUSES AND 

16 CLAIMS RELATING TO COVERED OIL AND 

17 NATURAL GAS ACTIVITIES. 

18 Notwithstanding any other provision of law, any Fed19 eral action approving any covered oil and natural gas ac20 tivity shall be subject to judicial review only— 

21 (1) in the United States Court of Appeals for 

22 the District of Columbia Circuit; and 

23 (2) after the person filing a petition seeking 

24 such judicial review has exhausted all available adVerDate Mar 15 2010 06:30 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H787.IH H787

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1 ministrative remedies with respect to such Federal 

2 action. 

3 SEC. 123. TIME FOR FILING PETITION; STANDING. 

4 (a) IN GENERAL.—All petitions referred to in section 

5 122 must be filed within 30 days after the latter of the 

6 challenged Federal action or the exhaustion of all available 

7 administrative remedies with respect to such Federal ac8 tion. A claim or challenge shall be barred unless it is filed 

9 within the time specified. 

10 (b) STANDING.—No person whose legal rights will 

11 not be directly and adversely affected by the challenged 

12 action, and who is not within the zone of interest protected 

13 by each Act under which the challenge is brought, shall 

14 have standing to file any petition referred to in section 

15 122. 

16 SEC. 124. TIMETABLE. 

17 The United States Court of Appeals for the District 

18 of Columbia Circuit shall complete all judicial review, in19 cluding rendering a judgment, before the end of the 120- 

20 day period beginning on the date on which a petition re21 ferred to in section 122 is filed, unless all parties to such 

22 proceeding agree to an extension of such period. 

23 SEC. 125. LIMITATION ON SCOPE OF REVIEW AND RELIEF. 

24 (a) ADMINISTRATIVE FINDINGS AND CONCLU25 SIONS.—In any judicial review referred to in section 122, 


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1 any administrative findings and conclusions relating to the 

2 challenged Federal action shall be presumed to be correct 

3 unless shown otherwise by clear and convincing evidence 

4 contained in the administrative record. 

5 (b) LIMITATION ON PROSPECTIVE RELIEF.—In any 

6 judicial review referred to in section 122, the Court shall 

7 not grant or approve any prospective relief unless the 

8 court finds that such relief is narrowly drawn, extends no 

9 further than necessary to correct the violation of a Federal 

10 law requirement, and is the least intrusive means nec11 essary to correct the violation concerned. 

12 SEC. 126. PRESIDENTIAL WAIVER. 

13 Notwithstanding any other provision of law, the 

14 President may waive any legal requirement relating to the 

15 approval of any covered oil and natural gas activity if the 

16 President determines in the President’s sole discretion 

17 that such activity is important to the national interest and 

18 outweighs such legal requirement. 

19 SEC. 127. LEGAL FEES. 

20 Any person filing a petition referred to in section 122 

21 who is not a prevailing party shall pay to the prevailing 

22 parties (including intervening parties), other than the 

23 United States, fees and other expenses incurred by that 

24 party in connection with the judicial review, unless the 

25 Court finds that the position of the person was substanVerDate Mar 15 2010 06:30 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H787.IH H787

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1 tially justified or that special circumstances make an 

2 award unjust. 

3 SEC. 128. EXCLUSION. 

4 Section 122 shall not apply to disputes between the 

5 parties to a lease issued pursuant to an authorizing leas6 ing statute regarding the obligations of such lease or the 

7 alleged breach thereof. 

8 Subtitle C—Other Energy 

9 Provisions 

10 SEC. 131. POLICIES REGARDING BUYING AND BUILDING 

11 AMERICAN. 

12 (a) INTENT OF CONGRESS.—It is the intent of the 

13 Congress that this Act, among other things, result in a 

14 healthy and growing American industrial, manufacturing, 

15 transportation, and service sector employing the vast tal16 ents of America’s workforce to assist in the development 

17 of energy from domestic sources. Moreover, the Congress 

18 intends to monitor the deployment of personnel and mate19 rial onshore and offshore to encourage the development 

20 of American technology and manufacturing to enable 

21 United States workers to benefit from this Act by good 

22 jobs and careers, as well as the establishment of important 

23 industrial facilities to support expanded access to Amer24 ican resources. 


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1 (b) SAFEGUARD FOR EXTRAORDINARY ABILITY.— 

2 Section 30(a) of the Outer Continental Shelf Lands Act 

3 (43 U.S.C. 1356(a)) is amended in the matter preceding 

4 paragraph (1) by striking ‘‘regulations which’’ and insert5 ing ‘‘regulations that shall be supplemental and com6 plimentary with and under no circumstances a substi7 tution for the provisions of the Constitution and laws of 

8 the United States extended to the subsoil and seabed of 

9 the outer Continental Shelf pursuant to section 4 of this 

10 Act, except insofar as such laws would otherwise apply to 

11 individuals who have extraordinary ability in the sciences, 

12 arts, education, or business, which has been demonstrated 

13 by sustained national or international acclaim, and that’’. 

14 (c) WORK STANDARDS.—All construction, repair, or 

15 alteration of public buildings and public works of the Gov16 ernment and buildings or works financed or otherwise as17 sisted in whole or in part under this Act by a loan, loan 

18 guarantee, grant, annual contribution, credit enhance19 ment, or any other form of Federal assistance authorized 

20 under this Act shall be performed in accordance with the 

21 standards applicable to comparable activity under any 

22 other provision of law, without regard to the form or type 

23 of Federal assistance provided thereunder. 


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1 TITLE II—MODIFYING THE STRA2 TEGIC PETROLEUM RESERVE 

3 AND FUNDING CONSERVA4 TION AND ENERGY RE5 SEARCH AND DEVELOPMENT 

6 SEC. 201. FINDINGS. 

7 Congress finds the following: 

8 (1) The Strategic Petroleum Reserve (SPR) 

9 was created by Congress in 1975, to protect the Na10 tion from any future oil supply disruptions. When 

11 the program was established, United States refiners 

12 were capable of handling light crude and medium 

13 crude and the makeup of the SPR matched this ca14 pacity. This is not the case today. 

15 (2) A GAO analysis found that nearly half of 

16 the refineries considered vulnerable to supply disrup17 tions are not compatible with the types of oil cur18 rently stored in the SPR and would be unable to 

19 maintain normal refining capacity if forced to rely 

20 on SPR oil as currently constituted, thereby reduc21 ing the effectiveness of the SPR in the event of a 

22 supply disruption. GAO concluded that the SPR 

23 should be comprised of at least 10 percent heavy 

24 crude. 


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1 (3) This Act implements the GAO recommenda2 tion and dedicates funds received from the trans3 actions to existing energy conservation, research, 

4 and assistance programs. 

5 SEC. 202. DEFINITIONS. 

6 In this title— 

7 (1) the term ‘‘light grade petroleum’’ means 

8 crude oil with an API gravity of 35 degrees or high9 er; 

10 (2) the term ‘‘heavy grade petroleum’’ means 

11 crude oil with an API gravity of 26 degrees or lower; 

12 and 

13 (3) the term ‘‘Secretary’’ means the Secretary 

14 of Energy. 

15 SEC. 203. OBJECTIVES. 

16 The objectives of this title are as follows: 

17 (1) To modernize the composition of the Stra18 tegic Petroleum Reserve to reflect the current proc19 essing capabilities of refineries in the United States. 

20 (2) To provide increased funding to accelerate 

21 conservation, energy research and development, and 

22 assistance through existing programs. 


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1 SEC. 204. MODIFICATION OF THE STRATEGIC PETROLEUM 

2 RESERVE. 

3 Notwithstanding section 161 of the Energy Policy 

4 and Conservation Act (42 U.S.C. 6241), the Secretary 

5 shall publish a plan not later than 30 days after the date 

6 of enactment of this Act to— 

7 (1) exchange as soon as possible light grade pe8 troleum from the Strategic Petroleum Reserve, in an 

9 amount equal to 10 percent of the total number of 

10 barrels of crude oil in the Reserve as of the date of 

11 enactment of this Act, for an equivalent volume of 

12 heavy grade petroleum plus any additional cash 

13 bonus bids received that reflect the difference in the 

14 market value between light grade petroleum and 

15 heavy grade petroleum and the timing of deliveries 

16 of the heavy grade petroleum; 

17 (2) from the gross proceeds of the cash bonus 

18 bids, deposit the amount necessary to pay for the di19 rect administrative and operational costs of the ex20 change into the SPR Petroleum Account established 

21 under section 167 of the Energy Policy and Con22 servation Act (42 U.S.C. 6247); and 

23 (3) deposit 90 percent of the remaining net pro24 ceeds from the exchange into the Infrastructure Re25 newal Reserve established in section 107. 

Æ 


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