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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 706 Placed on Calendar Senate (PCS)]

                                                        Calendar No. 23
112th CONGRESS
  1st Session
                                 S. 706

 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

                             March 31, 2011

  Mr. Vitter (for himself, Mr. Barrasso, Mr. Blunt, Mr. Boozman, Mr. 
Coats, Mr. Coburn, Mr. Cochran, Mr. Cornyn, Mr. Crapo, Mr. DeMint, Mr. 
 Ensign, Mr. Enzi, Mr. Graham, Mr. Hatch, Mrs. Hutchison, Mr. Inhofe, 
 Mr. Isakson, Mr. Johanns, Mr. Johnson of Wisconsin, Mr. Kyl, Mr. Lee, 
   Mr. Moran, Mr. Risch, Mr. Roberts, Mr. Sessions, Mr. Shelby, Mr. 
Wicker, Mr. Hoeven, and Mr. Rubio) introduced the following bill; which 
                        was read the first time

                             April 4, 2011

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``3-D, Domestic 
Jobs, Domestic Energy, and Deficit Reduction Act of 2011''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                TITLE I--OUTER CONTINENTAL SHELF LEASING

Sec. 101. Leasing program considered approved.
Sec. 102. Lease sales.
Sec. 103. Applications for permits to drill.
Sec. 104. Lease sales for certain areas.
        TITLE II--LEASING PROGRAM FOR LAND WITHIN COASTAL PLAIN

Sec. 201. Definitions.
Sec. 202. Leasing program for land within the Coastal Plain.
Sec. 203. Lease sales.
Sec. 204. Grant of leases by the Secretary.
Sec. 205. Lease terms and conditions.
Sec. 206. Coastal plain environmental protection.
Sec. 207. Expedited judicial review.
Sec. 208. Rights-of-way across the Coastal plain.
Sec. 209. Conveyance.
Sec. 210. ANWR Alternative Energy Trust Fund.
                   TITLE III--REGULATORY STREAMLINING

Sec. 301. Commercial leasing program for oil shale resources on public 
                            land.
Sec. 302. Jurisdiction over covered energy projects.
Sec. 303. Environmental impact statements.
Sec. 304. Clean air regulation.
Sec. 305. Employment effects of actions under Clean Air Act.
Sec. 306. Endangered species.
Sec. 307. Reissuance of permits and leases.
Sec. 308. Central Valley Project.
Sec. 309. Keystone XL pipeline.
Sec. 310. Beaufort Sea oil drilling project.
Sec. 311. Environmental legal fees.

                TITLE I--OUTER CONTINENTAL SHELF LEASING

SEC. 101. LEASING PROGRAM CONSIDERED APPROVED.

    (a) In General.--The Draft Proposed Outer Continental Shelf Oil and 
Gas Leasing Program 2010-2015 issued by the Secretary of the Interior 
(referred to in this section as the ``Secretary'') under section 18 of 
the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is considered to 
have been approved by the Secretary as a final oil and gas leasing 
program under that section.
    (b) Final Environmental Impact Statement.--The Secretary is 
considered to have issued a final environmental impact statement for 
the program described in subsection (a) in accordance with all 
requirements under section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

SEC. 102. LEASE SALES.

    (a) In General.--Except as otherwise provided in this section, not 
later than 180 days after the date of enactment of this Act and every 
270 days thereafter, the Secretary of the Interior (referred to in this 
section as the ``Secretary'') shall conduct a lease sale in each outer 
Continental Shelf planning area for which the Secretary determines that 
there is a commercial interest in purchasing Federal oil and gas leases 
for production on the outer Continental Shelf.
    (b) Subsequent Determinations and Sales.--If the Secretary 
determines that there is not a commercial interest in purchasing 
Federal oil and gas leases for production on the outer Continental 
Shelf in a planning area under this section, not later than 2 years 
after the date of enactment of the determination and every 2 years 
thereafter, the Secretary shall--
            (1) determine whether there is a commercial interest in 
        purchasing Federal oil and gas leases for production on the 
        outer Continental Shelf in the planning area; and
            (2) if the Secretary determines that there is a commercial 
        interest described in subsection (a), conduct a lease sale in 
        the planning area.
    (c) Exclusion From 5-year Lease Program.--If a planning area for 
which there is a commercial interest described in subsection (a) was 
not included in a 5-year lease program, the Secretary shall include 
leasing in the planning area in the subsequent 5-year lease program.
    (d) Petitions.--If a person petitions the Secretary to conduct a 
lease sale for an outer Continental Shelf planning area in which the 
person has a commercial interest, not later than 60 days after the date 
of receipt of the petition, the Secretary shall conduct a lease sale 
for the area.

SEC. 103. APPLICATIONS FOR PERMITS TO DRILL.

    Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334) 
is amended by adding at the end the following:
    ``(k) Applications for Permits to Drill.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall approve or disapprove an application for a permit to 
        drill submitted under this Act not later than 20 days after the 
        date the application is submitted to the Secretary.
            ``(2) Disapproval.--If the Secretary disapproves an 
        application for a permit to drill submitted under paragraph 
        (1), the Secretary shall--
                    ``(A) provide to the applicant a description of the 
                reasons for the disapproval of the application;
                    ``(B) allow the applicant to resubmit an 
                application during the 10-day period beginning on the 
                date of the receipt of the description by the 
                applicant; and
                    ``(C) approve or disapprove any resubmitted 
                application not later than 10 days after the date the 
                application is submitted to the Secretary.''.

SEC. 104. LEASE SALES FOR CERTAIN AREAS.

    (a) In General.--As soon as practicable but not later than 1 year 
after the date of enactment of this Act, the Secretary of the Interior 
shall hold--
            (1) Lease Sale 216 for areas in the Central Gulf of Mexico;
            (2) Lease Sale 218 for areas in the Western Gulf of Mexico;
            (3) Lease Sale 220 for areas offshore the State of 
        Virginia; and
            (4) Lease Sale 222 for areas in the Central Gulf of Mexico.
    (b) Compliance With Other Laws.--For purposes of the Lease Sales 
described in subsection (a), the Environmental Impact Statement for the 
2007-2015-Year OCS Plan and the applicable Multi-Sale Environmental 
Impact Statement shall be considered to satisfy the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (c) Energy Projects in the Gulf of Mexico.--
            (1) Jurisdiction.--The United States Court of Appeals for 
        the Fifth Circuit shall have exclusive jurisdiction over 
        challenges to offshore energy projects and permits to drill 
        carried out in the Gulf of Mexico.
            (2) Filing deadline.--Any civil action to challenge a 
        project or permit described in paragraph (1) shall be filed not 
        later than 60 days after the date of approval of the project or 
        the issuance of the permit.

        TITLE II--LEASING PROGRAM FOR LAND WITHIN COASTAL PLAIN

SEC. 201. DEFINITIONS.

    In this title:
            (1) Coastal plain.--The term ``Coastal Plain'' means that 
        area identified as the ``1002 Coastal Plain Area'' on the map.
            (2) Federal agreement.--The term ``Federal Agreement'' 
        means the Federal Agreement and Grant Right-of-Way for the 
        Trans-Alaska Pipeline issued on January 23, 1974, in accordance 
        with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and 
        the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et 
        seq.).
            (3) Final statement.--The term ``Final Statement'' means 
        the final legislative environmental impact statement on the 
        Coastal Plain, dated April 1987, and prepared pursuant to 
        section 1002 of the Alaska National Interest Lands Conservation 
        Act (16 U.S.C. 3142) and section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
            (4) Map.--The term ``map'' means the map entitled ``Arctic 
        National Wildlife Refuge'', dated September 2005, and prepared 
        by the United States Geological Survey.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior (or the designee of the Secretary), acting 
        through the Director of the Bureau of Land Management, in 
        consultation with the Director of the United States Fish and 
        Wildlife Service.

SEC. 202. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.

    (a) In General.--The Secretary shall take such actions as are 
necessary--
            (1) to establish and implement, in accordance with this 
        title, a competitive oil and gas leasing program that will 
        result in an environmentally sound program for the exploration, 
        development, and production of the oil and gas resources of the 
        Coastal Plain; and
            (2) to administer this title through regulations, lease 
        terms, conditions, restrictions, prohibitions, stipulations, 
        and other provisions that--
                    (A) ensure the oil and gas exploration, 
                development, and production activities on the Coastal 
                Plain will result in no significant adverse effect on 
                fish and wildlife, their habitat, subsistence 
                resources, and the environment; and
                    (B) require the application of the best 
                commercially available technology for oil and gas 
                exploration, development, and production to all 
                exploration, development, and production operations 
                under this title in a manner that ensures the receipt 
                of fair market value by the public for the mineral 
                resources to be leased.
    (b) Repeal.--
            (1) Repeal.--Section 1003 of the Alaska National Interest 
        Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
            (2) Conforming amendment.--The table of contents contained 
        in section 1 of that Act (16 U.S.C. 3101 note) is amended by 
        striking the item relating to section 1003.
            (3) Compliance with nepa for other actions.--
                    (A) In general.--Before conducting the first lease 
                sale under this title, the Secretary shall prepare an 
                environmental impact statement in accordance with the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) with respect to the actions authorized by 
                this title that are not referred to in paragraph (2).
                    (B) Identification and analysis.--Notwithstanding 
                any other provision of law, in carrying out this 
                paragraph, the Secretary shall not be required--
                            (i) to identify nonleasing alternative 
                        courses of action; or
                            (ii) to analyze the environmental effects 
                        of those courses of action.
                    (C) Identification of preferred action.--Not later 
                than 18 months after the date of enactment of this Act, 
                the Secretary shall--
                            (i) identify only a preferred action and a 
                        single leasing alternative for the first lease 
                        sale authorized under this title; and
                            (ii) analyze the environmental effects and 
                        potential mitigation measures for those 2 
                        alternatives.
                    (D) Public comments.--In carrying out this 
                paragraph, the Secretary shall consider only public 
                comments that are filed not later than 20 days after 
                the date of publication of a draft environmental impact 
                statement.
                    (E) Effect of compliance.--Notwithstanding any 
                other provision of law, compliance with this paragraph 
                shall be considered to satisfy all requirements for the 
                analysis and consideration of the environmental effects 
                of proposed leasing under this title.
    (c) Relationship to State and Local Authority.--Nothing in this 
title expands or limits any State or local regulatory authority.
    (d) Special Areas.--
            (1) Designation.--
                    (A) In general.--The Secretary, after consultation 
                with the State of Alaska, the North Slope Borough, 
                Alaska, and the City of Kaktovik, Alaska, may designate 
                not more than 45,000 acres of the Coastal Plain as a 
                special area if the Secretary determines that the 
                special area would be of such unique character and 
                interest as to require special management and 
                regulatory protection.
                    (B) Sadlerochit spring area.--The Secretary shall 
                designate as a special area in accordance with 
                subparagraph (A) the Sadlerochit Spring area, 
                comprising approximately 4,000 acres as depicted on the 
                map.
            (2) Management.--The Secretary shall manage each special 
        area designated under this subsection in a manner that 
        preserves the unique and diverse character of the area, 
        including fish, wildlife, subsistence resources, and cultural 
        values of the area.
            (3) Exclusion from leasing or surface occupancy.--
                    (A) In general.--The Secretary may exclude any 
                special area designated under this subsection from 
                leasing.
                    (B) No surface occupancy.--If the Secretary leases 
                all or a portion of a special area for the purposes of 
                oil and gas exploration, development, production, and 
                related activities, there shall be no surface occupancy 
                of the land comprising the special area.
            (4) Directional drilling.--Notwithstanding any other 
        provision of this subsection, the Secretary may lease all or a 
        portion of a special area under terms that permit the use of 
        horizontal drilling technology from sites on leases located 
        outside the special area.
    (e) Limitation on Closed Areas.--The Secretary may not close land 
within the Coastal Plain to oil and gas leasing or to exploration, 
development, or production except in accordance with this title.
    (f) Regulations.--
            (1) In general.--Not later than 15 months after the date of 
        enactment of this Act, the Secretary shall promulgate such 
        regulations as are necessary to carry out this title, including 
        rules and regulations relating to protection of the fish and 
        wildlife, fish and wildlife habitat, subsistence resources, and 
        environment of the Coastal Plain.
            (2) Revision of regulations.--The Secretary shall 
        periodically review and, as appropriate, revise the rules and 
        regulations issued under paragraph (1) to reflect any 
        significant biological, environmental, scientific or 
        engineering data that come to the attention of the Secretary.

SEC. 203. LEASE SALES.

    (a) In General.--Land may be leased pursuant to this title to any 
person qualified to obtain a lease for deposits of oil and gas under 
the Mineral Leasing Act (30 U.S.C. 181 et seq.).
    (b) Procedures.--The Secretary shall, by regulation, establish 
procedures for--
            (1) receipt and consideration of sealed nominations for any 
        area in the Coastal Plain for inclusion in, or exclusion (as 
        provided in subsection (c)) from, a lease sale;
            (2) the holding of lease sales after that nomination 
        process; and
            (3) public notice of and comment on designation of areas to 
        be included in, or excluded from, a lease sale.
    (c) Lease Sale Bids.--Bidding for leases under this title shall be 
by sealed competitive cash bonus bids.
    (d) Acreage Minimum in First Sale.--For the first lease sale under 
this title, the Secretary shall offer for lease those tracts the 
Secretary considers to have the greatest potential for the discovery of 
hydrocarbons, taking into consideration nominations received pursuant 
to subsection (b)(1), but in no case less than 200,000 acres.
    (e) Timing of Lease Sales.--The Secretary shall--
            (1) not later than 22 months after the date of enactment of 
        this Act, conduct the first lease sale under this title;
            (2) not later than 90 days after the date of the completion 
        of the sale, evaluate the bids in the sale and issue leases 
        resulting from the sale; and
            (3) conduct additional sales at appropriate intervals if 
        sufficient interest in exploration or development exists to 
        warrant the conduct of the additional sales.

SEC. 204. GRANT OF LEASES BY THE SECRETARY.

    (a) In General.--On payment by a lessee of such bonus as may be 
accepted by the Secretary, the Secretary may grant to the highest 
responsible qualified bidder in a lease sale conducted pursuant to 
section 203 a lease for any land on the Coastal Plain.
    (b) Subsequent Transfers.--
            (1) In general.--No lease issued under this title may be 
        sold, exchanged, assigned, sublet, or otherwise transferred 
        except with the approval of the Secretary.
            (2) Condition for approval.--Before granting any approval 
        described in paragraph (1), the Secretary shall consult with 
        and give due consideration to the opinion of the Attorney 
        General.

SEC. 205. LEASE TERMS AND CONDITIONS.

    An oil or gas lease issued pursuant to this title shall--
            (1) provide for the payment of a royalty of not less than 
        12\1/2\ percent of the amount or value of the production 
        removed or sold from the lease, as determined by the Secretary 
        in accordance with regulations applicable to other Federal oil 
        and gas leases;
            (2) provide that the Secretary may close, on a seasonal 
        basis, such portions of the Coastal Plain to exploratory 
        drilling activities as are necessary to protect caribou calving 
        areas and other species of fish and wildlife;
            (3) require that each lessee of land within the Coastal 
        Plain shall be fully responsible and liable for the reclamation 
        of land within the Coastal Plain and any other Federal land 
        that is adversely affected in connection with exploration, 
        development, production, or transportation activities within 
        the Coastal Plain conducted by the lessee or by any of the 
        subcontractors or agents of the lessee;
            (4) provide that the lessee may not delegate or convey, by 
        contract or otherwise, that reclamation responsibility and 
        liability to another person without the express written 
        approval of the Secretary;
            (5) provide that the standard of reclamation for land 
        required to be reclaimed under this title shall be, to the 
        maximum extent practicable--
                    (A) a condition capable of supporting the uses that 
                the land was capable of supporting prior to any 
                exploration, development, or production activities; or
                    (B) on application by the lessee, to a higher or 
                better standard, as approved by the Secretary;
            (6) contain terms and conditions relating to protection of 
        fish and wildlife, fish and wildlife habitat, subsistence 
        resources, and the environment as required under section 
        202(a)(2);
            (7) provide that each lessee, and each agent and contractor 
        of a lessee, use their best efforts to provide a fair share of 
        employment and contracting for Alaska Natives and Alaska Native 
        Corporations from throughout the State of Alaska, as determined 
        by the level of obligation previously agreed to in the Federal 
        Agreement; and
            (8) contain such other provisions as the Secretary 
        determines to be necessary to ensure compliance with this title 
        and the regulations promulgated under this title.

SEC. 206. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

    (a) No Significant Adverse Effect Standard To Govern Authorized 
Coastal Plain Activities.--In accordance with section 202, the 
Secretary shall administer this title through regulations, lease terms, 
conditions, restrictions, prohibitions, stipulations, or other 
provisions that--
            (1) ensure, to the maximum extent practicable, that oil and 
        gas exploration, development, and production activities on the 
        Coastal Plain will result in no significant adverse effect on 
        fish and wildlife, fish and wildlife habitat, and the 
        environment; and
            (2) require the application of the best commercially 
        available technology for oil and gas exploration, development, 
        and production on all new exploration, development, and 
        production operations.
    (b) Site-specific Assessment and Mitigation.--The Secretary shall 
require, with respect to any proposed drilling and related activities 
on the Coastal Plain, that--
            (1) a site-specific analysis be made of the probable 
        effects, if any, that the drilling or related activities will 
        have on fish and wildlife, fish and wildlife habitat, 
        subsistence resources, subsistence uses, and the environment;
            (2) a plan be implemented to avoid, minimize, and mitigate 
        (in that order and to the maximum extent practicable) any 
        significant adverse effect identified under paragraph (1); and
            (3) the development of the plan shall occur after 
        consultation with the 1 or more agencies having jurisdiction 
        over matters mitigated by the plan.
    (c) Regulations To Protect Coastal Plain Fish and Wildlife 
Resources, Subsistence Users, and the Environment.--Before implementing 
the leasing program authorized by this title, the Secretary shall 
prepare and issue regulations, lease terms, conditions, restrictions, 
prohibitions, stipulations, or other measures designed to ensure, to 
the maximum extent practicable, that the activities carried out on the 
Coastal Plain under this title are conducted in a manner consistent 
with the purposes and environmental requirements of this title.
    (d) Compliance With Federal and State Environmental Laws and Other 
Requirements.--The proposed regulations, lease terms, conditions, 
restrictions, prohibitions, and stipulations for the leasing program 
under this title shall require--
            (1) compliance with all applicable provisions of Federal 
        and State environmental law (including regulations);
            (2) implementation of and compliance with--
                    (A) standards that are at least as effective as the 
                safety and environmental mitigation measures, as 
                described in items 1 through 29 on pages 167 through 
                169 of the Final Statement, on the Coastal Plain;
                    (B) seasonal limitations on exploration, 
                development, and related activities, as necessary, to 
                avoid significant adverse effects during periods of 
                concentrated fish and wildlife breeding, denning, 
                nesting, spawning, and migration;
                    (C) design safety and construction standards for 
                all pipelines and any access and service roads that 
                minimize, to the maximum extent practicable, adverse 
                effects on--
                            (i) the passage of migratory species (such 
                        as caribou); and
                            (ii) the flow of surface water by requiring 
                        the use of culverts, bridges, or other 
                        structural devices;
                    (D) prohibitions on general public access to, and 
                use of, all pipeline access and service roads;
                    (E) stringent reclamation and rehabilitation 
                requirements in accordance with this title for the 
                removal from the Coastal Plain of all oil and gas 
                development and production facilities, structures, and 
                equipment on completion of oil and gas production 
                operations, except in a case in which the Secretary 
                determines that those facilities, structures, or 
                equipment--
                            (i) would assist in the management of the 
                        Arctic National Wildlife Refuge; and
                            (ii) are donated to the United States for 
                        that purpose;
                    (F) appropriate prohibitions or restrictions on--
                            (i) access by all modes of transportation;
                            (ii) sand and gravel extraction; and
                            (iii) use of explosives;
                    (G) reasonable stipulations for protection of 
                cultural and archaeological resources;
                    (H) measures to protect groundwater and surface 
                water, including--
                            (i) avoidance, to the maximum extent 
                        practicable, of springs, streams, and river 
                        systems;
                            (ii) the protection of natural surface 
                        drainage patterns and wetland and riparian 
                        habitats; and
                            (iii) the regulation of methods or 
                        techniques for developing or transporting 
                        adequate supplies of water for exploratory 
                        drilling; and
                    (I) research, monitoring, and reporting 
                requirements.
            (3) that exploration activities (except surface geological 
        studies) be limited to the period between approximately 
        November 1 and May 1 of each year and be supported, if 
        necessary, by ice roads, winter trails with adequate snow 
        cover, ice pads, ice airstrips, and air transport methods 
        (except that those exploration activities may be permitted at 
        other times if the Secretary determines that the exploration 
        will have no significant adverse effect on fish and wildlife, 
        fish and wildlife habitat, and the environment of the Coastal 
        Plain);
            (4) consolidation of facility siting;
            (5) avoidance or reduction of air traffic-related 
        disturbance to fish and wildlife;
            (6) treatment and disposal of hazardous and toxic wastes, 
        solid wastes, reserve pit fluids, drilling muds and cuttings, 
        and domestic wastewater, including, in accordance with 
        applicable Federal and State environmental laws (including 
        regulations)--
                    (A) preparation of an annual waste management 
                report;
                    (B) development and implementation of a hazardous 
                materials tracking system; and
                    (C) prohibition on the use of chlorinated solvents;
            (7) fuel storage and oil spill contingency planning;
            (8) conduct of periodic field crew environmental briefings;
            (9) avoidance of significant adverse effects on subsistence 
        hunting, fishing, and trapping;
            (10) compliance with applicable air and water quality 
        standards;
            (11) appropriate seasonal and safety zone designations 
        around well sites, within which subsistence hunting and 
        trapping shall be limited; and
            (12) development and implementation of such other 
        protective environmental requirements, restrictions, terms, or 
        conditions as the Secretary determines to be necessary.
    (e) Considerations.--In preparing and issuing regulations, lease 
terms, conditions, restrictions, prohibitions, or stipulations under 
this section, the Secretary shall take into consideration--
            (1) the stipulations and conditions that govern the 
        National Petroleum Reserve-Alaska leasing program, as set forth 
        in the 1999 Northeast National Petroleum Reserve-Alaska Final 
        Integrated Activity Plan/Environmental Impact Statement;
            (2) the environmental protection standards that governed 
        the initial Coastal Plain seismic exploration program under 
        parts 37.31 through 37.33 of title 50, Code of Federal 
        Regulations (or successor regulations); and
            (3) the land use stipulations for exploratory drilling on 
        the KIC-ASRC private land described in Appendix 2 of the 
        agreement between Arctic Slope Regional Corporation and the 
        United States dated August 9, 1983.
    (f) Facility Consolidation Planning.--
            (1) In general.--After providing for public notice and 
        comment, the Secretary shall prepare and periodically update a 
        plan to govern, guide, and direct the siting and construction 
        of facilities for the exploration, development, production, and 
        transportation of oil and gas resources from the Coastal Plain.
            (2) Objectives.--The objectives of the plan shall be--
                    (A) the avoidance of unnecessary duplication of 
                facilities and activities;
                    (B) the encouragement of consolidation of common 
                facilities and activities;
                    (C) the location or confinement of facilities and 
                activities to areas that will minimize impact on fish 
                and wildlife, fish and wildlife habitat, subsistence 
                resources, and the environment;
                    (D) the use of existing facilities, to the maximum 
                extent practicable; and
                    (E) the enhancement of compatibility between 
                wildlife values and development activities.
    (g) Access to Public Land.--The Secretary shall--
            (1) manage public land in the Coastal Plain in accordance 
        with subsections (a) and (b) of section 811 of the Alaska 
        National Interest Lands Conservation Act (16 U.S.C. 3121); and
            (2) ensure that local residents shall have reasonable 
        access to public land in the Coastal Plain for traditional 
        uses.

SEC. 207. EXPEDITED JUDICIAL REVIEW.

    (a) Filing of Complaints.--
            (1) Deadline.--A complaint seeking judicial review of a 
        provision of this title or an action of the Secretary under 
        this title shall be filed--
                    (A) except as provided in subparagraph (B), during 
                the 90-day period beginning on the date on which the 
                action being challenged was carried out; or
                    (B) in the case of a complaint based solely on 
                grounds arising after the 90-day period described in 
                subparagraph (A), by not later than 90 days after the 
                date on which the complainant knew or reasonably should 
                have known about the grounds for the complaint.
            (2) Venue.--A complaint seeking judicial review of a 
        provision of this title or an action of the Secretary under 
        this title shall be filed in the United States Court of Appeals 
        for the District of Columbia Circuit.
            (3) Scope.--
                    (A) In general.--Judicial review of a decision of 
                the Secretary relating to a lease sale under this title 
                (including an environmental analysis of such a lease 
                sale) shall be--
                            (i) limited to a review of whether the 
                        decision is in accordance with this title; and
                            (ii) based on the administrative record of 
                        the decision.
                    (B) Presumptions.--Any identification by the 
                Secretary of a preferred course of action relating to a 
                lease sale, and any analysis by the Secretary of 
                environmental effects, under this title shall be 
                presumed to be correct unless proven otherwise by clear 
                and convincing evidence.
    (b) Limitation on Other Review.--Any action of the Secretary that 
is subject to judicial review under this section shall not be subject 
to judicial review in any civil or criminal proceeding for enforcement.

SEC. 208. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

    (a) In General.--The Secretary shall issue rights-of-way and 
easements across the Coastal Plain for the transportation of oil and 
gas--
            (1) except as provided in paragraph (2), under section 28 
        of the Mineral Leasing Act (30 U.S.C. 185), without regard to 
        title XI of the Alaska National Interest Lands Conservation Act 
        (16 U.S.C. 3161 et seq.); and
            (2) under title XI of the Alaska National Interest Lands 
        Conservation Act (16 U.S.C. 3161 et seq.), for access 
        authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
        3170, 3171).
    (b) Terms and Conditions.--The Secretary shall include in any 
right-of-way or easement issued under subsection (a) such terms and 
conditions as may be necessary to ensure that transportation of oil and 
gas does not result in a significant adverse effect on the fish and 
wildlife, subsistence resources, their habitat, and the environment of 
the Coastal Plain, including requirements that facilities be sited or 
designed so as to avoid unnecessary duplication of roads and pipelines.
    (c) Regulations.--The Secretary shall include in regulations under 
section 202(f) provisions granting rights-of-way and easements 
described in subsection (a).

SEC. 209. CONVEYANCE.

    Notwithstanding section 1302(h)(2) of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on 
title to land, and to clarify land ownership patterns in the Coastal 
Plain, the Secretary shall--
            (1) to the extent necessary to fulfill the entitlement of 
        the Kaktovik Inupiat Corporation under sections 12 and 14 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), 
        as determined by the Secretary, convey to that Corporation the 
        surface estate of the land described in paragraph (1) of Public 
        Land Order 6959, in accordance with the terms and conditions of 
        the agreement between the Secretary, the United States Fish and 
        Wildlife Service, the Bureau of Land Management, and the 
        Kaktovik Inupiat Corporation, dated January 22, 1993; and
            (2) convey to the Arctic Slope Regional Corporation the 
        remaining subsurface estate to which that Corporation is 
        entitled under the agreement between that corporation and the 
        United States, dated August 9, 1983.

SEC. 210. ANWR ALTERNATIVE ENERGY TRUST FUND.

    (a) Source of Funds.--
            (1) In general.--Subject to paragraph (2) and 
        notwithstanding any other provision of law, of the amount of 
        adjusted bonus, rental, and royalty revenues from Federal oil 
        and gas leasing and operations authorized under this title for 
        each fiscal year, 50 percent shall be paid to the ANWR 
        Alternative Energy Trust Fund established under subsection (b).
            (2) Transfers.--
                    (A) In general.--A transfer to the ANWR Alternative 
                Energy Trust Fund shall be made for a fiscal year under 
                paragraph (1) only if the total amount of revenues in 
                the Federal budget for the fiscal year exceeds the 
                total amount of expenditures under the budget for the 
                fiscal year.
                    (B) Debt reduction.--If the total amount of 
                revenues in the Federal budget for a fiscal year does 
                not exceed the total amount of expenditures under the 
                budget for the fiscal year, all adjusted bonus, rental, 
                and royalty revenues from Federal oil and gas leasing 
                and operations authorized under this title for the 
                fiscal year--
                            (i) shall be used to reduce the Federal 
                        budget deficit; and
                            (ii) shall not be used to offset any other 
                        expenditures.
    (b) Establishment of Trust Fund.--There is established in the 
Treasury of the United States a trust fund to be known as the ``ANWR 
Alternative Energy Trust Fund'', consisting of such amounts as may be 
transferred to the ANWR Alternative Energy Trust Fund as provided in 
subsection (a).
    (c) Expenditures From ANWR Alternative Energy Trust Fund.--
            (1) In general.--Amounts in the ANWR Alternative Energy 
        Trust Fund shall be available without further appropriation to 
        carry out specified provisions of the Energy Policy Act of 2005 
        (Public Law 109-58; referred to in this section as 
        ``EPAct2005'') and the Energy Independence and Security Act of 
        2007 (Public Law 110-140; referred to in this section as 
        ``EISAct2007'') as follows:

 
                                                      The following
                                                   percentage of annual
                                                   receipts to the ANWR
                                                    Alternative Energy
        To carry out the provisions of:           Trust Fund, but not to
                                                   exceed the limit on
                                                  amount authorized, if
                                                           any:
 
EPAct2005:
  Section 210..................................              1.5 percent
  Section 242..................................              1.0 percent
  Section 369..................................              2.0 percent
  Section 401..................................              6.0 percent
  Section 812..................................              6.0 percent
  Section 931..................................             19.0 percent
  Section 942..................................              1.5 percent
  Section 962..................................              3.0 percent
  Section 968..................................              1.5 percent
  Section 1704.................................              6.0 percent
EISAct2007:
  Section 207..................................             15.0 percent
  Section 607..................................              1.5 percent
  Title VI, Subtitle B.........................              3.0 percent
  Title VI, Subtitle C.........................              1.5 percent
  Section 641..................................              9.0 percent
  Title VII, Subtitle A........................             10.0 percent
  Section 1112.................................              1.5 percent
  Section 1304.................................            11.0 percent.
 

            (2) Apportionment of excess amount.--Notwithstanding 
        paragraph (1), any amounts allocated under paragraph (1) that 
        are in excess of the amounts authorized in the applicable cited 
        section or subtitle of EPAct2005 and EISAct2007 shall be 
        reallocated to the remaining sections and subtitles cited in 
        paragraph (1), up to the amounts otherwise authorized by law to 
        carry out those sections and subtitles, in proportion to the 
        amounts authorized by law to be appropriated for those other 
        sections and subtitles.

                   TITLE III--REGULATORY STREAMLINING

SEC. 301. COMMERCIAL LEASING PROGRAM FOR OIL SHALE RESOURCES ON PUBLIC 
              LAND.

    Subsection (e) of the Oil Shale, Tar Sands, and Other Strategic 
Unconventional Fuels Act of 2005 (42 U.S.C. 15927(e)) is amended--
            (1) in the first sentence, by striking ``Not later'' and 
        inserting the following:
            ``(1) In general.--Not later'';
            (2) in the second sentence--
                    (A) by striking ``If the Secretary'' and inserting 
                the following:
            ``(2) Lease sales.--
                    ``(A) In general.--If the Secretary''; and
                    (B) by striking ``may'' and inserting ``shall'';
            (3) in the last sentence, by striking ``Evidence of 
        interest'' and inserting the following:
                    ``(B) Evidence of interest.--Evidence of 
                interest''; and
            (4) by adding at the end the following:
                    ``(C) Subsequent lease sales.--During any period 
                for which the Secretary determines that there is 
                sufficient support and interest in a State in the 
                development of tar sands and oil shale resources, the 
                Secretary shall--
                            ``(i) at least annually, consult with the 
                        persons described in paragraph (1) to expedite 
                        the commercial leasing program for oil shale 
                        resources on public land in the State; and
                            ``(ii) at least once every 270 days, 
                        conduct a lease sale in the State under the 
                        commercial leasing program regulations.''.

SEC. 302. JURISDICTION OVER COVERED ENERGY PROJECTS.

    (a) Definition of Covered Energy Project.--In this section, the 
term ``covered energy project'' means any action or decision by a 
Federal official regarding--
            (1) the leasing of Federal land (including submerged land) 
        for the exploration, development, production, processing, or 
        transmission of oil, natural gas, or any other source or form 
        of energy, including actions and decisions regarding the 
        selection or offering of Federal land for such leasing; or
            (2) any action under such a lease, except that this section 
        and Act shall not apply to a dispute between the parties to a 
        lease entered into a provision of law authorizing the lease 
        regarding obligations under the lease or the alleged breach of 
        the lease.
    (b) Exclusive Jurisdiction Over Causes and Claims Relating to 
Covered Energy Projects.--Notwithstanding any other provision of law, 
the United States District Court for the District of Columbia shall 
have exclusive jurisdiction to hear all causes and claims under this 
section or any other Act that arise from any covered energy project.
    (c) Time for Filing Complaint.--
            (1) In general.--Each case or claim described in subsection 
        (b) shall be filed not later than the end of the 60-day period 
        beginning on the date of the action or decision by a Federal 
        official that constitutes the covered energy project concerned.
            (2) Prohibition.--Any cause or claim described in 
        subsection (b) that is not filed within the time period 
        described in paragraph (1) shall be barred.
    (d) District Court for the District of Columbia Deadline.--
            (1) In general.--Each proceeding that is subject to 
        subsection (b) shall--
                    (A) be resolved as expeditiously as practicable and 
                in any event not more than 180 days after the cause or 
                claim is filed; and
                    (B) take precedence over all other pending matters 
                before the district court.
            (2) Failure to comply with deadline.--If an interlocutory 
        or final judgment, decree, or order has not been issued by the 
        district court by the deadline required under this section, the 
        cause or claim shall be dismissed with prejudice and all rights 
        relating to the cause or claim shall be terminated.
    (e) Ability To Seek Appellate Review.--An interlocutory or final 
judgment, decree, or order of the district court under this section may 
be reviewed by no other court except the Supreme Court.
    (f) Deadline for Appeal to the Supreme Court.--If a writ of 
certiorari has been granted by the Supreme Court pursuant to subsection 
(e), the interlocutory or final judgment, decree, or order of the 
district court shall be resolved as expeditiously as practicable and in 
any event not more than 180 days after the interlocutory or final 
judgment, decree, order of the district court is issued.

SEC. 303. ENVIRONMENTAL IMPACT STATEMENTS.

    Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 
4331 et seq.) is amended by adding at the end the following:

``SEC. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL IMPACT STATEMENTS.

    ``(a) Completion.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, each review carried out under section 102(2)(C) with 
        respect to any action taken under any provision of law, or for 
        which funds are made available under any provision of law, 
        shall be completed not later than the date that is 270 days 
        after the commencement of the review.
            ``(2) Failure to complete review.--If a review described in 
        paragraph (1) has not been completed for an action subject to 
        section 102(2)(C) by the date specified in paragraph (1)--
                    ``(A) the action shall be considered to have no 
                significant impact described in section 102(2)(C); and
                    ``(B) that classification shall be considered to be 
                a final agency action.
            ``(3) Unemployment rate.--If the national unemployment rate 
        is 5 percent or more, the lead agency conducting a review of an 
        action under this section shall use the most expeditious means 
        authorized under this title to conduct the review.
    ``(b) Lead Agency.--The lead agency for a review of an action under 
this section shall be the Federal agency to which funds are made 
available for the action.
    ``(c) Review.--
            ``(1) Administrative appeals.--There shall be a single 
        administrative appeal for each review carried out pursuant to 
        section 102(2)(C).
            ``(2) Judicial review.--
                    ``(A) In general.--On resolution of the 
                administrative appeal, judicial review of the final 
                agency decision after exhaustion of administrative 
                remedies shall lie with the United States Court of 
                Appeals for the District of Columbia Circuit.
                    ``(B) Administrative record.--An appeal to the 
                court described in subparagraph (A) shall be based only 
                on the administrative record.
                    ``(C) Pendency of judicial review.--After an agency 
                has made a final decision with respect to a review 
                carried out under this subsection, the decision shall 
                be effective during the course of any subsequent appeal 
                to a court described in subparagraph (A).
            ``(3) Civil action.--Each civil action covered by this 
        section shall be considered to arise under the laws of the 
        United States.''.

SEC. 304. CLEAN AIR REGULATION.

    (a) Regulation of Greenhouse Gases.--Section 302(g) of the Clean 
Air Act (42 U.S.C. 7602(g)) is amended--
            (1) by striking ``(g) The term'' and inserting the 
        following:
    ``(g) Air Pollutant.--
            ``(1) In general.--The term'';
            (2) by striking ``Such term'' and inserting the following:
            ``(2) Inclusions.--The term `air pollutant'''; and
            (3) by adding at the end the following:
            ``(3) Exclusions.--The term `air pollutant' does not 
        include carbon dioxide, methane from agriculture or livestock, 
        or water vapor.''.
    (b) Emission Waivers.--The Administrator of the Environmental 
Protection Agency shall not grant to any State any waiver of Federal 
preemption of motor vehicle standards under section 209(b) of the Clean 
Air Act (42 U.S.C. 7543(b)) for preemption under that Act for any 
regulation of the State to control greenhouse gas emissions from motor 
vehicles.

SEC. 305. EMPLOYMENT EFFECTS OF ACTIONS UNDER CLEAN AIR ACT.

    Section 321(b) of the Clean Air Act (42 U.S.C. 7621(b)) is 
amended--
            (1) by designating the first through eighth sentences as 
        paragraphs (1) through (8), respectively; and
            (2) by adding at the end the following:
            ``(9) Economic analysis.--Not later than 30 days before 
        conducting a public hearing or providing notice of a 
        determination that a hearing is not necessary with respect to a 
        requirement described in paragraph (1), the Administrator 
        shall--
                    ``(A) conduct a full economic analysis of the 
                requirement; and
                    ``(B) make the results of the analysis available to 
                the public.
            ``(10) Economic review board.--
                    ``(A) In general.--Not later than 30 days after the 
                date on which the Administrator makes the results of an 
                economic analysis of a requirement available to the 
                public under paragraph (9)(B), the Secretary of 
                Commerce shall establish an economic review board 
                consisting of a representative from each Federal agency 
                with jurisdiction over affected industries to assess--
                            ``(i) the cumulative economic impact of the 
                        requirement, including the direct, indirect, 
                        quantifiable, and qualitative effects;
                            ``(ii) the cost of compliance with the 
                        requirement;
                            ``(iii) the effect of the requirement on 
                        the retirement or closure of domestic 
                        businesses;
                            ``(iv) the direct and indirect adverse 
                        impacts on the economies of local communities 
                        that are projected to result from the 
                        requirement;
                            ``(v) energy sectors that could be expected 
                        to retire units as a result of the requirement;
                            ``(vi) the impact of the requirement on the 
                        price of electricity, oil, gas, coal, and 
                        renewable resources;
                            ``(vii) the economic harm to consumers 
                        resulting from the requirement;
                            ``(viii) the impact of the requirement on 
                        the ability of industries and businesses in the 
                        United States to compete with industries and 
                        businesses in other countries, with respect to 
                        competitiveness in both domestic and foreign 
                        markets;
                            ``(ix) the regions of the United States 
                        that are forecasted to be--
                                    ``(I) most affected from the direct 
                                and indirect adverse impacts of the 
                                requirement from the retirement of 
                                impacted units and increased prices for 
                                retail electricity, transportation 
                                fuels, heating oil, and petrochemicals; 
                                and
                                    ``(II) least affected from adverse 
                                impacts described in subclause (I) due 
                                to the creation of new jobs and 
                                economic growth that are expected to 
                                result directly and indirectly from 
                                energy construction projects;
                            ``(x) the adverse impacts of the 
                        requirement on electric reliability that are 
                        expected to result from the retirement of 
                        electric generation;
                            ``(xi) the geographical distribution of the 
                        projected adverse electric reliability impacts 
                        of the requirement;
                            ``(xii) Federal, State, and local policies 
                        that have been or will be implemented to 
                        support energy infrastructure in the United 
                        States, including policies that promote fuel 
                        diversity, affordable and reliable electricity, 
                        and energy security; and
                            ``(xiii) other direct and indirect impacts 
                        that are expected to result from the cumulative 
                        obligation to comply with the requirement.
                    ``(B) Report.--Not later than 30 days after the 
                date on which the economic review board completes the 
                assessment of a requirement under subparagraph (A), the 
                economic review board shall submit to Congress, the 
                President, and the Secretary a report that describes 
                the results of the assessment.
                    ``(C) Regulations.--The Administrator shall not 
                promulgate regulations to implement a requirement 
                described in paragraph (1) until at least 60 days after 
                the date of submission of the report on the requirement 
                under subparagraph (B).''.

SEC. 306. ENDANGERED SPECIES.

    (a) Emergencies.--Section 10 of the Endangered Species Act of 1973 
(16 U.S.C. 1539) is amended by adding at the end the following:
    ``(k) Emergencies.--On the declaration of an emergency by the 
Governor of a State, the Secretary shall, for the duration of the 
emergency, temporarily exempt from the prohibition against taking, and 
the prohibition against the adverse modification of critical habitat, 
under this Act any action that is reasonably necessary to avoid or 
ameliorate the impact of the emergency, including the operation of any 
water supply or flood control project by a Federal agency.''.
    (b) Prohibition of Consideration of Impact of Greenhouse Gas.--
            (1) In general.--The Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) is amended by adding at the end the 
        following:

``SEC. 19. PROHIBITION OF CONSIDERATION OF IMPACT OF GREENHOUSE GAS.

    ``(a) Definition of Greenhouse.--In this section, the term 
`greenhouse gas' means any of--
            ``(1) carbon dioxide;
            ``(2) methane;
            ``(3) nitrous oxide;
            ``(4) sulfur hexafluoride;
            ``(5) a hydrofluorocarbon;
            ``(6) a perfluorocarbon; or
            ``(7) any other anthropogenic gas designated by the 
        Secretary for purposes of this section.
    ``(b) Impact of Greenhouse Gas.--The impact of greenhouse gas on 
any species of fish or wildlife or plant shall not be considered for 
any purpose in the implementation of this Act.''.
            (2) Conforming amendment.--The table of contents in the 
        first section of the Endangered Species Act of 1973 (16 U.S.C. 
        prec. 1531) is amended by adding at the end the following:

``Sec. 18. Annual cost analysis by the Fish and Wildlife Service.
``Sec. 19. Prohibition of consideration of impact of greenhouse gas.''.

SEC. 307. REISSUANCE OF PERMITS AND LEASES.

    (a) Environmental Protection Agency.--Not later than 30 days after 
the date of enactment of this Act, the Administrator of the Environment 
Protection Agency shall approve the specification of the areas 
described in the notice entitled ``Final Determination of the Assistant 
Administrator for Water Pursuant to Section 404(c) of the Clean Water 
Act Concerning the Spruce No. 1 Mine, Logan County, WV'' (76 Fed. Reg. 
3126; January 19. 2011), with no further review or analysis.
    (b) Department of the Interior.--Not later than 30 days after the 
date of enactment of this Act, the Secretary of the Interior shall 
issue or reissue, with no further review or analysis, each lease for 
the production of oil or gas in the State of Utah was cancelled during 
any of calendar years 2009 through 2011.

SEC. 308. CENTRAL VALLEY PROJECT.

    The Act of August 27, 1954 (68 Stat. 879, chapter 1012; 16 U.S.C. 
695d et seq.) is amended by adding at the end the following:

``SEC. 9. EFFECT OF BIOLOGICAL OPINIONS.

    ``Notwithstanding any other provision of law, in connection with 
the Central Valley Project, the Bureau of Reclamation and an agency of 
the State of California operating a water project in connection with 
the Project shall not restrict operations of an applicable project 
pursuant to any biological opinion issued under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.), if the restriction would result 
in a level of allocation of water that is less than the historical 
maximum level of allocation of water under the project.''.

SEC. 309. KEYSTONE XL PIPELINE.

    (a) In General.--The Secretary of State (referred to in this 
section as the ``Secretary'') shall take such actions as are necessary 
to expedite the permit request for the Keystone XL pipeline that is 
pending on the date of enactment of this Act (referred to in this 
section as the ``pipeline'') in accordance with this section.
    (b) Greenhouse Gas Impacts.--The Secretary shall not consider 
greenhouse gas impacts during the permit review process for the 
pipeline.
    (c) NEPA Compliance.--Effective beginning on the date that is 120 
days after the date of enactment of this Act, the pipeline project 
shall be considered in compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (d) Additional Routes.--In conducting the permit review process, 
the Secretary shall consider additional routes for the pipeline, 
including routes that are parallel to the United States portions of 
Keystone 1.
    (e) Permit Review.--Not later than 120 days after the date of 
enactment of this Act, the Secretary shall complete the permit review 
for the pipeline
    (f) Decision.--Not later than 125 days after the date of enactment 
of this Act, the Secretary shall issue a decision on the permit for the 
pipeline.

SEC. 310. BEAUFORT SEA OIL DRILLING PROJECT.

    Not later than 30 days after the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency shall issue a 
permit under the Clean Air Act (42 U.S.C. 7401 et seq.) to Shell Oil 
Company to permit the Company to drill for oil in the Beaufort Sea, 
with no further review or analysis.

SEC. 311. ENVIRONMENTAL LEGAL FEES.

    Section 504 of title 5, United States Code, is amended by adding at 
the end the following:
    ``(g) Environmental Legal Fees.--Notwithstanding section 1304 of 
title 31, no award may be made under this section and no amounts may be 
obligated or expended from the Claims and Judgment Fund of the United 
States Treasury to pay any legal fees of an environmental 
nongovernmental organization related to an action that (with respect to 
the United States)--
            ``(1) prevents, terminates, or reduces access to or the 
        production of--
                    ``(A) energy;
                    ``(B) a mineral resource;
                    ``(C) water by agricultural producers;
                    ``(D) a resource by commercial or recreational 
                fishermen; or
                    ``(E) grazing or timber production on Federal land;
            ``(2) diminishes the private property value of a property 
        owner; or
            ``(3) eliminates or prevents 1 or more jobs.''.
                                                        Calendar No. 23

112th CONGRESS

  1st Session

                                 S. 706

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             April 4, 2011

            Read the second time and placed on the calendar
```