II 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘3- 

3 D, Domestic Jobs, Domestic Energy, and Deficit Reduc4 tion Act of 2011’’. 

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

6 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. 


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1 TITLE I—OUTER CONTINENTAL 

2 SHELF LEASING 

3 SEC. 101. LEASING PROGRAM CONSIDERED APPROVED. 

4 (a) IN GENERAL.—The Draft Proposed Outer Conti5 nental Shelf Oil and Gas Leasing Program 2010–2015 

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

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

8 Continental Shelf Lands Act (43 U.S.C. 1344) is consid9 ered to have been approved by the Secretary as a final 

10 oil and gas leasing program under that section. 

11 (b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 

12 The Secretary is considered to have issued a final environ13 mental impact statement for the program described in 

14 subsection (a) in accordance with all requirements under 

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

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

17 SEC. 102. LEASE SALES. 

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

19 this section, not later than 180 days after the date of en20 actment of this Act and every 270 days thereafter, the 

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

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

23 Continental Shelf planning area for which the Secretary 

24 determines that there is a commercial interest in purVerDate Mar 15 2010 22:25 Apr 04, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S706.PCS S706

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1 chasing Federal oil and gas leases for production on the 

2 outer Continental Shelf. 

3 (b) SUBSEQUENT DETERMINATIONS AND SALES.—If 

4 the Secretary determines that there is not a commercial 

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

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

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

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

12 production on the outer Continental Shelf in the 

13 planning area; and 

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

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

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

18 a planning area for which there is a commercial interest 

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

20 lease program, the Secretary shall include leasing in the 

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

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

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


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1 not later than 60 days after the date of receipt of the peti2 tion, the Secretary shall conduct a lease sale for the area. 

3 SEC. 103. APPLICATIONS FOR PERMITS TO DRILL. 

4 Section 5 of the Outer Continental Shelf Lands Act 

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

6 following: 

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

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

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

11 not later than 20 days after the date the application 

12 is submitted to the Secretary. 

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

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

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

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

20 application during the 10-day period beginning 

21 on the date of the receipt of the description by 

22 the applicant; and 

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


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

3 SEC. 104. LEASE SALES FOR CERTAIN AREAS. 

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

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

6 the Secretary of the Interior shall hold— 

7 (1) Lease Sale 216 for areas in the Central 

8 Gulf of Mexico; 

9 (2) Lease Sale 218 for areas in the Western 

10 Gulf of Mexico; 

11 (3) Lease Sale 220 for areas offshore the State 

12 of Virginia; and 

13 (4) Lease Sale 222 for areas in the Central 

14 Gulf of Mexico. 

15 (b) COMPLIANCE WITH OTHER LAWS.—For pur16 poses of the Lease Sales described in subsection (a), the 

17 Environmental Impact Statement for the 2007-2015-Year 

18 OCS Plan and the applicable Multi-Sale Environmental 

19 Impact Statement shall be considered to satisfy the Na20 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

21 et seq.). 

22 (c) ENERGY PROJECTS IN THE GULF OF MEXICO.— 

23 (1) JURISDICTION.—The United States Court 

24 of Appeals for the Fifth Circuit shall have exclusive 

25 jurisdiction over challenges to offshore energy 


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1 projects and permits to drill carried out in the Gulf 

2 of Mexico. 

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

4 challenge a project or permit described in paragraph 

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

6 date of approval of the project or the issuance of the 

7 permit. 

8 TITLE II—LEASING PROGRAM 

9 FOR LAND WITHIN COASTAL 

10 PLAIN 

11 SEC. 201. DEFINITIONS. 

12 In this title: 

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

14 Plain’’ means that area identified as the ‘‘1002 

15 Coastal Plain Area’’ on the map. 

16 (2) FEDERAL AGREEMENT.—The term ‘‘Fed17 eral Agreement’’ means the Federal Agreement and 

18 Grant Right-of-Way for the Trans-Alaska Pipeline 

19 issued on January 23, 1974, in accordance with sec20 tion 28 of the Mineral Leasing Act (30 U.S.C. 185) 

21 and the Trans-Alaska Pipeline Authorization Act 

22 (43 U.S.C. 1651 et seq.). 

23 (3) FINAL STATEMENT.—The term ‘‘Final 

24 Statement’’ means the final legislative environmental 

25 impact statement on the Coastal Plain, dated April 


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1 1987, and prepared pursuant to section 1002 of the 

2 Alaska National Interest Lands Conservation Act 

3 (16 U.S.C. 3142) and section 102(2)(C) of the Na4 tional Environmental Policy Act of 1969 (42 U.S.C. 

5 4332(2)(C)). 

6 (4) MAP.—The term ‘‘map’’ means the map en7 titled ‘‘Arctic National Wildlife Refuge’’, dated Sep8 tember 2005, and prepared by the United States Ge9 ological Survey. 

10 (5) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior (or the designee of the 

12 Secretary), acting through the Director of the Bu13 reau of Land Management, in consultation with the 

14 Director of the United States Fish and Wildlife 

15 Service. 

16 SEC. 202. LEASING PROGRAM FOR LAND WITHIN THE 

17 COASTAL PLAIN. 

18 (a) IN GENERAL.—The Secretary shall take such ac19 tions as are necessary— 

20 (1) to establish and implement, in accordance 

21 with this title, a competitive oil and gas leasing pro22 gram that will result in an environmentally sound 

23 program for the exploration, development, and pro24 duction of the oil and gas resources of the Coastal 

25 Plain; and 


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1 (2) to administer this title through regulations, 

2 lease terms, conditions, restrictions, prohibitions, 

3 stipulations, and other provisions that— 

4 (A) ensure the oil and gas exploration, de5 velopment, and production activities on the 

6 Coastal Plain will result in no significant ad7 verse effect on fish and wildlife, their habitat, 

8 subsistence resources, and the environment; and 

9 (B) require the application of the best 

10 commercially available technology for oil and 

11 gas exploration, development, and production to 

12 all exploration, development, and production op13 erations under this title in a manner that en14 sures the receipt of fair market value by the 

15 public for the mineral resources to be leased. 

16 (b) REPEAL.— 

17 (1) REPEAL.—Section 1003 of the Alaska Na18 tional Interest Lands Conservation Act of 1980 (16 

19 U.S.C. 3143) is repealed. 

20 (2) CONFORMING AMENDMENT.—The table of 

21 contents contained in section 1 of that Act (16 

22 U.S.C. 3101 note) is amended by striking the item 

23 relating to section 1003. 

24 (3) COMPLIANCE WITH NEPA FOR OTHER AC25 TIONS.— 


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1 (A) IN GENERAL.—Before conducting the 

2 first lease sale under this title, the Secretary 

3 shall prepare an environmental impact state4 ment in accordance with the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et 

6 seq.) with respect to the actions authorized by 

7 this title that are not referred to in paragraph 

8 (2). 

9 (B) IDENTIFICATION AND ANALYSIS.— 

10 Notwithstanding any other provision of law, in 

11 carrying out this paragraph, the Secretary shall 

12 not be required— 

13 (i) to identify nonleasing alternative 

14 courses of action; or 

15 (ii) to analyze the environmental ef16 fects of those courses of action. 

17 (C) IDENTIFICATION OF PREFERRED AC18 TION.—Not later than 18 months after the date 

19 of enactment of this Act, the Secretary shall— 

20 (i) identify only a preferred action and 

21 a single leasing alternative for the first 

22 lease sale authorized under this title; and 

23 (ii) analyze the environmental effects 

24 and potential mitigation measures for 

25 those 2 alternatives. 


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1 (D) PUBLIC COMMENTS.—In carrying out 

2 this paragraph, the Secretary shall consider 

3 only public comments that are filed not later 

4 than 20 days after the date of publication of a 

5 draft environmental impact statement. 

6 (E) EFFECT OF COMPLIANCE.—Notwith7 standing any other provision of law, compliance 

8 with this paragraph shall be considered to sat9 isfy all requirements for the analysis and con10 sideration of the environmental effects of pro11 posed leasing under this title. 

12 (c) RELATIONSHIP TO STATE AND LOCAL AUTHOR13 ITY.—Nothing in this title expands or limits any State or 

14 local regulatory authority. 

15 (d) SPECIAL AREAS.— 

16 (1) DESIGNATION.— 

17 (A) IN GENERAL.—The Secretary, after 

18 consultation with the State of Alaska, the 

19 North Slope Borough, Alaska, and the City of 

20 Kaktovik, Alaska, may designate not more than 

21 45,000 acres of the Coastal Plain as a special 

22 area if the Secretary determines that the special 

23 area would be of such unique character and in24 terest as to require special management and 

25 regulatory protection. 


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1 (B) SADLEROCHIT SPRING AREA.—The 

2 Secretary shall designate as a special area in 

3 accordance with subparagraph (A) the 

4 Sadlerochit Spring area, comprising approxi5 mately 4,000 acres as depicted on the map. 

6 (2) MANAGEMENT.—The Secretary shall man7 age each special area designated under this sub8 section in a manner that preserves the unique and 

9 diverse character of the area, including fish, wildlife, 

10 subsistence resources, and cultural values of the 

11 area. 

12 (3) EXCLUSION FROM LEASING OR SURFACE

13 OCCUPANCY.— 

14 (A) IN GENERAL.—The Secretary may ex15 clude any special area designated under this 

16 subsection from leasing. 

17 (B) NO SURFACE OCCUPANCY.—If the Sec18 retary leases all or a portion of a special area 

19 for the purposes of oil and gas exploration, de20 velopment, production, and related activities, 

21 there shall be no surface occupancy of the land 

22 comprising the special area. 

23 (4) DIRECTIONAL DRILLING.—Notwithstanding 

24 any other provision of this subsection, the Secretary 

25 may lease all or a portion of a special area under 


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1 terms that permit the use of horizontal drilling tech2 nology from sites on leases located outside the spe3 cial area. 

4 (e) LIMITATION ON CLOSED AREAS.—The Secretary 

5 may not close land within the Coastal Plain to oil and gas 

6 leasing or to exploration, development, or production ex7 cept in accordance with this title. 

8 (f) REGULATIONS.— 

9 (1) IN GENERAL.—Not later than 15 months 

10 after the date of enactment of this Act, the Sec11 retary shall promulgate such regulations as are nec12 essary to carry out this title, including rules and 

13 regulations relating to protection of the fish and 

14 wildlife, fish and wildlife habitat, subsistence re15 sources, and environment of the Coastal Plain. 

16 (2) REVISION OF REGULATIONS.—The Sec17 retary shall periodically review and, as appropriate, 

18 revise the rules and regulations issued under para19 graph (1) to reflect any significant biological, envi20 ronmental, scientific or engineering data that come 

21 to the attention of the Secretary. 

22 SEC. 203. LEASE SALES. 

23 (a) IN GENERAL.—Land may be leased pursuant to 

24 this title to any person qualified to obtain a lease for deVerDate Mar 15 2010 22:25 Apr 04, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S706.PCS S706

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1 posits of oil and gas under the Mineral Leasing Act (30 

2 U.S.C. 181 et seq.). 

3 (b) PROCEDURES.—The Secretary shall, by regula4 tion, establish procedures for— 

5 (1) receipt and consideration of sealed nomina6 tions for any area in the Coastal Plain for inclusion 

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

8 a lease sale; 

9 (2) the holding of lease sales after that nomina10 tion process; and 

11 (3) public notice of and comment on designa12 tion of areas to be included in, or excluded from, a 

13 lease sale. 

14 (c) LEASE SALE BIDS.—Bidding for leases under 

15 this title shall be by sealed competitive cash bonus bids. 

16 (d) ACREAGE MINIMUM IN FIRST SALE.—For the 

17 first lease sale under this title, the Secretary shall offer 

18 for lease those tracts the Secretary considers to have the 

19 greatest potential for the discovery of hydrocarbons, tak20 ing into consideration nominations received pursuant to 

21 subsection (b)(1), but in no case less than 200,000 acres. 

22 (e) TIMING OF LEASE SALES.—The Secretary 

23 shall— 


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1 (1) not later than 22 months after the date of 

2 enactment of this Act, conduct the first lease sale 

3 under this title; 

4 (2) not later than 90 days after the date of the 

5 completion of the sale, evaluate the bids in the sale 

6 and issue leases resulting from the sale; and 

7 (3) conduct additional sales at appropriate in8 tervals if sufficient interest in exploration or devel9 opment exists to warrant the conduct of the addi10 tional sales. 

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

12 (a) IN GENERAL.—On payment by a lessee of such 

13 bonus as may be accepted by the Secretary, the Secretary 

14 may grant to the highest responsible qualified bidder in 

15 a lease sale conducted pursuant to section 203 a lease for 

16 any land on the Coastal Plain. 

17 (b) SUBSEQUENT TRANSFERS.— 

18 (1) IN GENERAL.—No lease issued under this 

19 title may be sold, exchanged, assigned, sublet, or 

20 otherwise transferred except with the approval of the 

21 Secretary. 

22 (2) CONDITION FOR APPROVAL.—Before grant23 ing any approval described in paragraph (1), the 

24 Secretary shall consult with and give due consider25 ation to the opinion of the Attorney General. 


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1 SEC. 205. LEASE TERMS AND CONDITIONS. 

2 An oil or gas lease issued pursuant to this title 

3 shall— 

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

less than 121 5 ⁄2 percent of the amount or value of the 

6 production removed or sold from the lease, as deter7 mined by the Secretary in accordance with regula8 tions applicable to other Federal oil and gas leases; 

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

10 seasonal basis, such portions of the Coastal Plain to 

11 exploratory drilling activities as are necessary to 

12 protect caribou calving areas and other species of 

13 fish and wildlife; 

14 (3) require that each lessee of land within the 

15 Coastal Plain shall be fully responsible and liable for 

16 the reclamation of land within the Coastal Plain and 

17 any other Federal land that is adversely affected in 

18 connection with exploration, development, produc19 tion, or transportation activities within the Coastal 

20 Plain conducted by the lessee or by any of the sub21 contractors or agents of the lessee; 

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

23 convey, by contract or otherwise, that reclamation 

24 responsibility and liability to another person without 

25 the express written approval of the Secretary; 


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1 (5) provide that the standard of reclamation for 

2 land required to be reclaimed under this title shall 

3 be, to the maximum extent practicable— 

4 (A) a condition capable of supporting the 

5 uses that the land was capable of supporting 

6 prior to any exploration, development, or pro7 duction activities; or 

8 (B) on application by the lessee, to a high9 er or better standard, as approved by the Sec10 retary; 

11 (6) contain terms and conditions relating to 

12 protection of fish and wildlife, fish and wildlife habi13 tat, subsistence resources, and the environment as 

14 required under section 202(a)(2); 

15 (7) provide that each lessee, and each agent 

16 and contractor of a lessee, use their best efforts to 

17 provide a fair share of employment and contracting 

18 for Alaska Natives and Alaska Native Corporations 

19 from throughout the State of Alaska, as determined 

20 by the level of obligation previously agreed to in the 

21 Federal Agreement; and 

22 (8) contain such other provisions as the Sec23 retary determines to be necessary to ensure compli24 ance with this title and the regulations promulgated 

25 under this title. 


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1 SEC. 206. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

2 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

3 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

4 In accordance with section 202, the Secretary shall admin5 ister this title through regulations, lease terms, conditions, 

6 restrictions, prohibitions, stipulations, or other provisions 

7 that— 

8 (1) ensure, to the maximum extent practicable, 

9 that oil and gas exploration, development, and pro10 duction activities on the Coastal Plain will result in 

11 no significant adverse effect on fish and wildlife, fish 

12 and wildlife habitat, and the environment; and 

13 (2) require the application of the best commer14 cially available technology for oil and gas explo15 ration, development, and production on all new ex16 ploration, development, and production operations. 

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

18 The Secretary shall require, with respect to any proposed 

19 drilling and related activities on the Coastal Plain, that— 

20 (1) a site-specific analysis be made of the prob21 able effects, if any, that the drilling or related activi22 ties will have on fish and wildlife, fish and wildlife 

23 habitat, subsistence resources, subsistence uses, and 

24 the environment; 

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

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1 tent practicable) any significant adverse effect iden2 tified under paragraph (1); and 

3 (3) the development of the plan shall occur 

4 after consultation with the 1 or more agencies hav5 ing jurisdiction over matters mitigated by the plan. 

6 (c) REGULATIONS TO PROTECT COASTAL PLAIN

7 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

8 AND THE ENVIRONMENT.—Before implementing the leas9 ing program authorized by this title, the Secretary shall 

10 prepare and issue regulations, lease terms, conditions, re11 strictions, prohibitions, stipulations, or other measures de12 signed to ensure, to the maximum extent practicable, that 

13 the activities carried out on the Coastal Plain under this 

14 title are conducted in a manner consistent with the pur15 poses and environmental requirements of this title. 

16 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI17 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

18 proposed regulations, lease terms, conditions, restrictions, 

19 prohibitions, and stipulations for the leasing program 

20 under this title shall require— 

21 (1) compliance with all applicable provisions of 

22 Federal and State environmental law (including reg23 ulations); 

24 (2) implementation of and compliance with— 


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1 (A) standards that are at least as effective 

2 as the safety and environmental mitigation 

3 measures, as described in items 1 through 29 

4 on pages 167 through 169 of the Final State5 ment, on the Coastal Plain; 

6 (B) seasonal limitations on exploration, de7 velopment, and related activities, as necessary, 

8 to avoid significant adverse effects during peri9 ods of concentrated fish and wildlife breeding, 

10 denning, nesting, spawning, and migration; 

11 (C) design safety and construction stand12 ards for all pipelines and any access and service 

13 roads that minimize, to the maximum extent 

14 practicable, adverse effects on— 

15 (i) the passage of migratory species 

16 (such as caribou); and 

17 (ii) the flow of surface water by re18 quiring the use of culverts, bridges, or 

19 other structural devices; 

20 (D) prohibitions on general public access 

21 to, and use of, all pipeline access and service 

22 roads; 

23 (E) stringent reclamation and rehabilita24 tion requirements in accordance with this title 

25 for the removal from the Coastal Plain of all oil 


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1 and gas development and production facilities, 

2 structures, and equipment on completion of oil 

3 and gas production operations, except in a case 

4 in which the Secretary determines that those 

5 facilities, structures, or equipment— 

6 (i) would assist in the management of 

7 the Arctic National Wildlife Refuge; and 

8 (ii) are donated to the United States 

9 for that purpose; 

10 (F) appropriate prohibitions or restrictions 

11 on— 

12 (i) access by all modes of transpor13 tation; 

14 (ii) sand and gravel extraction; and 

15 (iii) use of explosives; 

16 (G) reasonable stipulations for protection 

17 of cultural and archaeological resources; 

18 (H) measures to protect groundwater and 

19 surface water, including— 

20 (i) avoidance, to the maximum extent 

21 practicable, of springs, streams, and river 

22 systems; 

23 (ii) the protection of natural surface 

24 drainage patterns and wetland and ripar25 ian habitats; and 


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1 (iii) the regulation of methods or tech2 niques for developing or transporting ade3 quate supplies of water for exploratory 

4 drilling; and 

5 (I) research, monitoring, and reporting re6 quirements. 

7 (3) that exploration activities (except surface 

8 geological studies) be limited to the period between 

9 approximately November 1 and May 1 of each year 

10 and be supported, if necessary, by ice roads, winter 

11 trails with adequate snow cover, ice pads, ice air12 strips, and air transport methods (except that those 

13 exploration activities may be permitted at other 

14 times if the Secretary determines that the explo15 ration will have no significant adverse effect on fish 

16 and wildlife, fish and wildlife habitat, and the envi17 ronment of the Coastal Plain); 

18 (4) consolidation of facility siting; 

19 (5) avoidance or reduction of air traffic-related 

20 disturbance to fish and wildlife; 

21 (6) treatment and disposal of hazardous and 

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

23 muds and cuttings, and domestic wastewater, includ24 ing, in accordance with applicable Federal and State 

25 environmental laws (including regulations)— 


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1 (A) preparation of an annual waste man2 agement report; 

3 (B) development and implementation of a 

4 hazardous materials tracking system; and 

5 (C) prohibition on the use of chlorinated 

6 solvents; 

7 (7) fuel storage and oil spill contingency plan8 ning; 

9 (8) conduct of periodic field crew environmental 

10 briefings; 

11 (9) avoidance of significant adverse effects on 

12 subsistence hunting, fishing, and trapping; 

13 (10) compliance with applicable air and water 

14 quality standards; 

15 (11) appropriate seasonal and safety zone des16 ignations around well sites, within which subsistence 

17 hunting and trapping shall be limited; and 

18 (12) development and implementation of such 

19 other protective environmental requirements, restric20 tions, terms, or conditions as the Secretary deter21 mines to be necessary. 

22 (e) CONSIDERATIONS.—In preparing and issuing reg23 ulations, lease terms, conditions, restrictions, prohibitions, 

24 or stipulations under this section, the Secretary shall take 

25 into consideration— 


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1 (1) the stipulations and conditions that govern 

2 the National Petroleum Reserve-Alaska leasing pro3 gram, as set forth in the 1999 Northeast National 

4 Petroleum Reserve-Alaska Final Integrated Activity 

5 Plan/Environmental Impact Statement; 

6 (2) the environmental protection standards that 

7 governed the initial Coastal Plain seismic exploration 

8 program under parts 37.31 through 37.33 of title 

9 50, Code of Federal Regulations (or successor regu10 lations); and 

11 (3) the land use stipulations for exploratory 

12 drilling on the KIC–ASRC private land described in 

13 Appendix 2 of the agreement between Arctic Slope 

14 Regional Corporation and the United States dated 

15 August 9, 1983. 

16 (f) FACILITY CONSOLIDATION PLANNING.— 

17 (1) IN GENERAL.—After providing for public 

18 notice and comment, the Secretary shall prepare and 

19 periodically update a plan to govern, guide, and di20 rect the siting and construction of facilities for the 

21 exploration, development, production, and transpor22 tation of oil and gas resources from the Coastal 

23 Plain. 

24 (2) OBJECTIVES.—The objectives of the plan 

25 shall be— 


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1 (A) the avoidance of unnecessary duplica2 tion of facilities and activities; 

3 (B) the encouragement of consolidation of 

4 common facilities and activities; 

5 (C) the location or confinement of facilities 

6 and activities to areas that will minimize impact 

7 on fish and wildlife, fish and wildlife habitat, 

8 subsistence resources, and the environment; 

9 (D) the use of existing facilities, to the 

10 maximum extent practicable; and 

11 (E) the enhancement of compatibility be12 tween wildlife values and development activities. 

13 (g) ACCESS TO PUBLIC LAND.—The Secretary 

14 shall— 

15 (1) manage public land in the Coastal Plain in 

16 accordance with subsections (a) and (b) of section 

17 811 of the Alaska National Interest Lands Con18 servation Act (16 U.S.C. 3121); and 

19 (2) ensure that local residents shall have rea20 sonable access to public land in the Coastal Plain for 

21 traditional uses. 

22 SEC. 207. EXPEDITED JUDICIAL REVIEW. 

23 (a) FILING OF COMPLAINTS.— 


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1 (1) DEADLINE.—A complaint seeking judicial 

2 review of a provision of this title or an action of the 

3 Secretary under this title shall be filed— 

4 (A) except as provided in subparagraph 

5 (B), during the 90-day period beginning on the 

6 date on which the action being challenged was 

7 carried out; or 

8 (B) in the case of a complaint based solely 

9 on grounds arising after the 90-day period de10 scribed in subparagraph (A), by not later than 

11 90 days after the date on which the complain12 ant knew or reasonably should have known 

13 about the grounds for the complaint. 

14 (2) VENUE.—A complaint seeking judicial re15 view of a provision of this title or an action of the 

16 Secretary under this title shall be filed in the United 

17 States Court of Appeals for the District of Columbia 

18 Circuit. 

19 (3) SCOPE.— 

20 (A) IN GENERAL.—Judicial review of a de21 cision of the Secretary relating to a lease sale 

22 under this title (including an environmental 

23 analysis of such a lease sale) shall be— 


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1 (i) limited to a review of whether the 

2 decision is in accordance with this title; 

3 and 

4 (ii) based on the administrative record 

5 of the decision. 

6 (B) PRESUMPTIONS.—Any identification 

7 by the Secretary of a preferred course of action 

8 relating to a lease sale, and any analysis by the 

9 Secretary of environmental effects, under this 

10 title shall be presumed to be correct unless 

11 proven otherwise by clear and convincing evi12 dence. 

13 (b) LIMITATION ON OTHER REVIEW.—Any action of 

14 the Secretary that is subject to judicial review under this 

15 section shall not be subject to judicial review in any civil 

16 or criminal proceeding for enforcement. 

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

18 (a) IN GENERAL.—The Secretary shall issue rights19 of-way and easements across the Coastal Plain for the 

20 transportation of oil and gas— 

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

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

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

25 3161 et seq.); and 


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1 (2) under title XI of the Alaska National Inter2 est Lands Conservation Act (16 U.S.C. 3161 et 

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

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

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

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

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

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

11 the Coastal Plain, including requirements that facilities be 

12 sited or designed so as to avoid unnecessary duplication 

13 of roads and pipelines. 

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

15 regulations under section 202(f) provisions granting 

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

17 SEC. 209. CONVEYANCE. 

18 Notwithstanding section 1302(h)(2) of the Alaska 

19 National Interest Lands Conservation Act (16 U.S.C. 

20 3192(h)(2)), to remove any cloud on title to land, and to 

21 clarify land ownership patterns in the Coastal Plain, the 

22 Secretary shall— 

23 (1) to the extent necessary to fulfill the entitle24 ment of the Kaktovik Inupiat Corporation under sec25 tions 12 and 14 of the Alaska Native Claims SettleVerDate Mar 15 2010 22:25 Apr 04, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S706.PCS S706

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1 ment Act (43 U.S.C. 1611, 1613), as determined by 

2 the Secretary, convey to that Corporation the sur3 face estate of the land described in paragraph (1) of 

4 Public Land Order 6959, in accordance with the 

5 terms and conditions of the agreement between the 

6 Secretary, the United States Fish and Wildlife Serv7 ice, the Bureau of Land Management, and the 

8 Kaktovik Inupiat Corporation, dated January 22, 

9 1993; and 

10 (2) convey to the Arctic Slope Regional Cor11 poration the remaining subsurface estate to which 

12 that Corporation is entitled under the agreement be13 tween that corporation and the United States, dated 

14 August 9, 1983. 

15 SEC. 210. ANWR ALTERNATIVE ENERGY TRUST FUND. 

16 (a) SOURCE OF FUNDS.— 

17 (1) IN GENERAL.—Subject to paragraph (2) 

18 and notwithstanding any other provision of law, of 

19 the amount of adjusted bonus, rental, and royalty 

20 revenues from Federal oil and gas leasing and oper21 ations authorized under this title for each fiscal 

22 year, 50 percent shall be paid to the ANWR Alter23 native Energy Trust Fund established under sub24 section (b). 

25 (2) TRANSFERS.— 


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1 (A) IN GENERAL.—A transfer to the 

2 ANWR Alternative Energy Trust Fund shall be 

3 made for a fiscal year under paragraph (1) only 

4 if the total amount of revenues in the Federal 

5 budget for the fiscal year exceeds the total 

6 amount of expenditures under the budget for 

7 the fiscal year. 

8 (B) DEBT REDUCTION.—If the total 

9 amount of revenues in the Federal budget for 

10 a fiscal year does not exceed the total amount 

11 of expenditures under the budget for the fiscal 

12 year, all adjusted bonus, rental, and royalty rev13 enues from Federal oil and gas leasing and op14 erations authorized under this title for the fiscal 

15 year— 

16 (i) shall be used to reduce the Federal 

17 budget deficit; and 

18 (ii) shall not be used to offset any 

19 other expenditures. 

20 (b) ESTABLISHMENT OF TRUST FUND.—There is es21 tablished in the Treasury of the United States a trust fund 

22 to be known as the ‘‘ANWR Alternative Energy Trust 

23 Fund’’, consisting of such amounts as may be transferred 

24 to the ANWR Alternative Energy Trust Fund as provided 

25 in subsection (a). 


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1 (c) EXPENDITURES FROM ANWR ALTERNATIVE EN2 ERGY TRUST FUND.— 

3 (1) IN GENERAL.—Amounts in the ANWR Al4 ternative Energy Trust Fund shall be available with5 out further appropriation to carry out specified pro6 visions of the Energy Policy Act of 2005 (Public 

7 Law 109–58; referred to in this section as 

8 ‘‘EPAct2005’’) and the Energy Independence and 

9 Security Act of 2007 (Public Law 110–140; referred 

10 to in this section as ‘‘EISAct2007’’) as follows: 

To carry out the provisions of: 

The following percentage of annual 

receipts to the 

ANWR Alternative 

Energy 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. 

11 (2) APPORTIONMENT OF EXCESS AMOUNT.— 

12 Notwithstanding paragraph (1), any amounts alloVerDate Mar 15 2010 22:25 Apr 04, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S706.PCS S706

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1 cated under paragraph (1) that are in excess of the 

2 amounts authorized in the applicable cited section or 

3 subtitle of EPAct2005 and EISAct2007 shall be re4 allocated to the remaining sections and subtitles 

5 cited in paragraph (1), up to the amounts otherwise 

6 authorized by law to carry out those sections and 

7 subtitles, in proportion to the amounts authorized by 

8 law to be appropriated for those other sections and 

9 subtitles. 

10 TITLE III—REGULATORY 

11 STREAMLINING 

12 SEC. 301. COMMERCIAL LEASING PROGRAM FOR OIL SHALE 

13 RESOURCES ON PUBLIC LAND. 

14 Subsection (e) of the Oil Shale, Tar Sands, and Other 

15 Strategic Unconventional Fuels Act of 2005 (42 U.S.C. 

16 15927(e)) is amended— 

17 (1) in the first sentence, by striking ‘‘Not later’’ 

18 and inserting the following: 

19 ‘‘(1) IN GENERAL.—Not later’’; 

20 (2) in the second sentence— 

21 (A) by striking ‘‘If the Secretary’’ and in22 serting the following: 

23 ‘‘(2) LEASE SALES.— 

24 ‘‘(A) IN GENERAL.—If the Secretary’’; and 


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1 (B) by striking ‘‘may’’ and inserting 

2 ‘‘shall’’; 

3 (3) in the last sentence, by striking ‘‘Evidence 

4 of interest’’ and inserting the following: 

5 ‘‘(B) EVIDENCE OF INTEREST.—Evidence 

6 of interest’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(C) SUBSEQUENT LEASE SALES.—During 

9 any period for which the Secretary determines 

10 that there is sufficient support and interest in 

11 a State in the development of tar sands and oil 

12 shale resources, the Secretary shall— 

13 ‘‘(i) at least annually, consult with the 

14 persons described in paragraph (1) to ex15 pedite the commercial leasing program for 

16 oil shale resources on public land in the 

17 State; and 

18 ‘‘(ii) at least once every 270 days, 

19 conduct a lease sale in the State under the 

20 commercial leasing program regulations.’’. 

21 SEC. 302. JURISDICTION OVER COVERED ENERGY 

22 PROJECTS. 

23 (a) DEFINITION OF COVERED ENERGY PROJECT.— 

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

25 any action or decision by a Federal official regarding— 


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1 (1) the leasing of Federal land (including sub2 merged land) for the exploration, development, pro3 duction, processing, or transmission of oil, natural 

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

5 actions and decisions regarding the selection or of6 fering of Federal land for such leasing; or 

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

8 this section and Act shall not apply to a dispute be9 tween the parties to a lease entered into a provision 

10 of law authorizing the lease regarding obligations 

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

12 (b) EXCLUSIVE JURISDICTION OVER CAUSES AND

13 CLAIMS RELATING TO COVERED ENERGY PROJECTS.— 

14 Notwithstanding any other provision of law, the United 

15 States District Court for the District of Columbia shall 

16 have exclusive jurisdiction to hear all causes and claims 

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

18 covered energy project. 

19 (c) TIME FOR FILING COMPLAINT.— 

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

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

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

24 the covered energy project concerned. 


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

3 time period described in paragraph (1) shall be 

4 barred. 

5 (d) DISTRICT COURT FOR THE DISTRICT OF COLUM6 BIA DEADLINE.— 

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

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

11 days after the cause or claim is filed; and 

12 (B) take precedence over all other pending 

13 matters before the district court. 

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

15 an interlocutory or final judgment, decree, or order 

16 has not been issued by the district court by the 

17 deadline required under this section, the cause or 

18 claim shall be dismissed with prejudice and all rights 

19 relating to the cause or claim shall be terminated. 

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

23 court except the Supreme Court. 

24 (f) DEADLINE FOR APPEAL TO THE SUPREME

25 COURT.—If a writ of certiorari has been granted by the 


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1 Supreme Court pursuant to subsection (e), the interlocu2 tory or final judgment, decree, or order of the district 

3 court shall be resolved as expeditiously as practicable and 

4 in any event not more than 180 days after the interlocu5 tory or final judgment, decree, order of the district court 

6 is issued. 

7 SEC. 303. ENVIRONMENTAL IMPACT STATEMENTS. 

8 Title I of the National Environmental Policy Act of 

9 1969 (42 U.S.C. 4331 et seq.) is amended by adding at 

10 the end the following: 

11 ‘‘SEC. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL 

12 IMPACT STATEMENTS. 

13 ‘‘(a) COMPLETION.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding any other 

15 provision of law, each review carried out under sec16 tion 102(2)(C) with respect to any action taken 

17 under any provision of law, or for which funds are 

18 made available under any provision of law, shall be 

19 completed not later than the date that is 270 days 

20 after the commencement of the review. 

21 ‘‘(2) FAILURE TO COMPLETE REVIEW.—If a re22 view described in paragraph (1) has not been com23 pleted for an action subject to section 102(2)(C) by 

24 the date specified in paragraph (1)— 


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1 ‘‘(A) the action shall be considered to have 

2 no significant impact described in section 

3 102(2)(C); and 

4 ‘‘(B) that classification shall be considered 

5 to be a final agency action. 

6 ‘‘(3) UNEMPLOYMENT RATE.—If the national 

7 unemployment rate is 5 percent or more, the lead 

8 agency conducting a review of an action under this 

9 section shall use the most expeditious means author10 ized under this title to conduct the review. 

11 ‘‘(b) LEAD AGENCY.—The lead agency for a review 

12 of an action under this section shall be the Federal agency 

13 to which funds are made available for the action. 

14 ‘‘(c) REVIEW.— 

15 ‘‘(1) ADMINISTRATIVE APPEALS.—There shall 

16 be a single administrative appeal for each review 

17 carried out pursuant to section 102(2)(C). 

18 ‘‘(2) JUDICIAL REVIEW.— 

19 ‘‘(A) IN GENERAL.—On resolution of the 

20 administrative appeal, judicial review of the 

21 final agency decision after exhaustion of admin22 istrative remedies shall lie with the United 

23 States Court of Appeals for the District of Co24 lumbia Circuit. 


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1 ‘‘(B) ADMINISTRATIVE RECORD.—An ap2 peal to the court described in subparagraph (A) 

3 shall be based only on the administrative 

4 record. 

5 ‘‘(C) PENDENCY OF JUDICIAL REVIEW.— 

6 After an agency has made a final decision with 

7 respect to a review carried out under this sub8 section, the decision shall be effective during 

9 the course of any subsequent appeal to a court 

10 described in subparagraph (A). 

11 ‘‘(3) CIVIL ACTION.—Each civil action covered 

12 by this section shall be considered to arise under the 

13 laws of the United States.’’. 

14 SEC. 304. CLEAN AIR REGULATION. 

15 (a) REGULATION OF GREENHOUSE GASES.—Section 

16 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is 

17 amended— 

18 (1) by striking ‘‘(g) The term’’ and inserting 

19 the following: 

20 ‘‘(g) AIR POLLUTANT.— 

21 ‘‘(1) IN GENERAL.—The term’’; 

22 (2) by striking ‘‘Such term’’ and inserting the 

23 following: 

24 ‘‘(2) INCLUSIONS.—The term ‘air pollutant’ ’’; 

25 and 


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1 (3) by adding at the end the following: 

2 ‘‘(3) EXCLUSIONS.—The term ‘air pollutant’ 

3 does not include carbon dioxide, methane from agri4 culture or livestock, or water vapor.’’. 

5 (b) EMISSION WAIVERS.—The Administrator of the 

6 Environmental Protection Agency shall not grant to any 

7 State any waiver of Federal preemption of motor vehicle 

8 standards under section 209(b) of the Clean Air Act (42 

9 U.S.C. 7543(b)) for preemption under that Act for any 

10 regulation of the State to control greenhouse gas emis11 sions from motor vehicles. 

12 SEC. 305. EMPLOYMENT EFFECTS OF ACTIONS UNDER 

13 CLEAN AIR ACT. 

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

15 7621(b)) is amended— 

16 (1) by designating the first through eighth sen17 tences as paragraphs (1) through (8), respectively; 

18 and 

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

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

21 days before conducting a public hearing or providing 

22 notice of a determination that a hearing is not nec23 essary with respect to a requirement described in 

24 paragraph (1), the Administrator shall— 


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

2 the requirement; and 

3 ‘‘(B) make the results of the analysis avail4 able to the public. 

5 ‘‘(10) ECONOMIC REVIEW BOARD.— 

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

7 days after the date on which the Administrator 

8 makes the results of an economic analysis of a 

9 requirement available to the public under para10 graph (9)(B), the Secretary of Commerce shall 

11 establish an economic review board consisting of 

12 a representative from each Federal agency with 

13 jurisdiction over affected industries to assess— 

14 ‘‘(i) the cumulative economic impact 

15 of the requirement, including the direct, in16 direct, quantifiable, and qualitative effects; 

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

18 requirement; 

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

20 the retirement or closure of domestic busi21 nesses; 

22 ‘‘(iv) the direct and indirect adverse 

23 impacts on the economies of local commu24 nities that are projected to result from the 

25 requirement; 


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1 ‘‘(v) energy sectors that could be ex2 pected to retire units as a result of the re3 quirement; 

4 ‘‘(vi) the impact of the requirement on 

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

6 renewable resources; 

7 ‘‘(vii) the economic harm to con8 sumers resulting from the requirement; 

9 ‘‘(viii) the impact of the requirement 

10 on the ability of industries and businesses 

11 in the United States to compete with in12 dustries and businesses in other countries, 

13 with respect to competitiveness in both do14 mestic and foreign markets; 

15 ‘‘(ix) the regions of the United States 

16 that are forecasted to be— 

17 ‘‘(I) most affected from the di18 rect and indirect adverse impacts of 

19 the requirement from the retirement 

20 of impacted units and increased prices 

21 for retail electricity, transportation 

22 fuels, heating oil, and petrochemicals; 

23 and 

24 ‘‘(II) least affected from adverse 

25 impacts described in subclause (I) due 


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1 to the creation of new jobs and eco2 nomic growth that are expected to re3 sult directly and indirectly from en4 ergy construction projects; 

5 ‘‘(x) the adverse impacts of the re6 quirement on electric reliability that are 

7 expected to result from the retirement of 

8 electric generation; 

9 ‘‘(xi) the geographical distribution of 

10 the projected adverse electric reliability im11 pacts of the requirement; 

12 ‘‘(xii) Federal, State, and local poli13 cies that have been or will be implemented 

14 to support energy infrastructure in the 

15 United States, including policies that pro16 mote fuel diversity, affordable and reliable 

17 electricity, and energy security; and 

18 ‘‘(xiii) other direct and indirect im19 pacts that are expected to result from the 

20 cumulative obligation to comply with the 

21 requirement. 

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

23 after the date on which the economic review 

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1 view board shall submit to Congress, the Presi2 dent, and the Secretary a report that describes 

3 the results of the assessment. 

4 ‘‘(C) REGULATIONS.—The Administrator 

5 shall not promulgate regulations to implement a 

6 requirement described in paragraph (1) until at 

7 least 60 days after the date of submission of 

8 the report on the requirement under subpara9 graph (B).’’. 

10 SEC. 306. ENDANGERED SPECIES. 

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

12 Species Act of 1973 (16 U.S.C. 1539) is amended by add13 ing at the end the following: 

14 ‘‘(k) EMERGENCIES.—On the declaration of an emer15 gency by the Governor of a State, the Secretary shall, for 

16 the duration of the emergency, temporarily exempt from 

17 the prohibition against taking, and the prohibition against 

18 the adverse modification of critical habitat, under this Act 

19 any action that is reasonably necessary to avoid or amelio20 rate the impact of the emergency, including the operation 

21 of any water supply or flood control project by a Federal 

22 agency.’’. 

23 (b) PROHIBITION OF CONSIDERATION OF IMPACT OF

24 GREENHOUSE GAS.— 


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

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

3 adding at the end the following: 

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

5 GREENHOUSE GAS. 

6 ‘‘(a) DEFINITION OF GREENHOUSE.—In this section, 

7 the term ‘greenhouse gas’ means any of— 

8 ‘‘(1) carbon dioxide; 

9 ‘‘(2) methane; 

10 ‘‘(3) nitrous oxide; 

11 ‘‘(4) sulfur hexafluoride; 

12 ‘‘(5) a hydrofluorocarbon; 

13 ‘‘(6) a perfluorocarbon; or 

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

15 the Secretary for purposes of this section. 

16 ‘‘(b) IMPACT OF GREENHOUSE GAS.—The impact of 

17 greenhouse gas on any species of fish or wildlife or plant 

18 shall not be considered for any purpose in the implementa19 tion of this Act.’’. 

20 (2) CONFORMING AMENDMENT.—The table of 

21 contents in the first section of the Endangered Spe22 cies Act of 1973 (16 U.S.C. prec. 1531) is amended 

23 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.’’. 


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1 SEC. 307. REISSUANCE OF PERMITS AND LEASES. 

2 (a) ENVIRONMENTAL PROTECTION AGENCY.—Not 

3 later than 30 days after the date of enactment of this Act, 

4 the Administrator of the Environment Protection Agency 

5 shall approve the specification of the areas described in 

6 the notice entitled ‘‘Final Determination of the Assistant 

7 Administrator for Water Pursuant to Section 404(c) of 

8 the Clean Water Act Concerning the Spruce No. 1 Mine, 

9 Logan County, WV’’ (76 Fed. Reg. 3126; January 19. 

10 2011), with no further review or analysis. 

11 (b) DEPARTMENT OF THE INTERIOR.—Not later 

12 than 30 days after the date of enactment of this Act, the 

13 Secretary of the Interior shall issue or reissue, with no 

14 further review or analysis, each lease for the production 

15 of oil or gas in the State of Utah was cancelled during 

16 any of calendar years 2009 through 2011. 

17 SEC. 308. CENTRAL VALLEY PROJECT. 

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

19 1012; 16 U.S.C. 695d et seq.) is amended by adding at 

20 the end the following: 

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

22 ‘‘Notwithstanding any other provision of law, in con23 nection with the Central Valley Project, the Bureau of 

24 Reclamation and an agency of the State of California op25 erating a water project in connection with the Project shall 

26 not restrict operations of an applicable project pursuant 


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1 to any biological opinion issued under the Endangered 

2 Species Act of 1973 (16 U.S.C. 1531 et seq.), if the re3 striction would result in a level of allocation of water that 

4 is less than the historical maximum level of allocation of 

5 water under the project.’’. 

6 SEC. 309. KEYSTONE XL PIPELINE. 

7 (a) IN GENERAL.—The Secretary of State (referred 

8 to in this section as the ‘‘Secretary’’) shall take such ac9 tions as are necessary to expedite the permit request for 

10 the Keystone XL pipeline that is pending on the date of 

11 enactment of this Act (referred to in this section as the 

12 ‘‘pipeline’’) in accordance with this section. 

13 (b) GREENHOUSE GAS IMPACTS.—The Secretary 

14 shall not consider greenhouse gas impacts during the per15 mit review process for the pipeline. 

16 (c) NEPA COMPLIANCE.—Effective beginning on the 

17 date that is 120 days after the date of enactment of this 

18 Act, the pipeline project shall be considered in compliance 

19 with the National Environmental Policy Act of 1969 (42 

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

21 (d) ADDITIONAL ROUTES.—In conducting the permit 

22 review process, the Secretary shall consider additional 

23 routes for the pipeline, including routes that are parallel 

24 to the United States portions of Keystone 1. 


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1 (e) PERMIT REVIEW.—Not later than 120 days after 

2 the date of enactment of this Act, the Secretary shall com3 plete the permit review for the pipeline 

4 (f) DECISION.—Not later than 125 days after the 

5 date of enactment of this Act, the Secretary shall issue 

6 a decision on the permit for the pipeline. 

7 SEC. 310. BEAUFORT SEA OIL DRILLING PROJECT. 

8 Not later than 30 days after the date of enactment 

9 of this Act, the Administrator of the Environmental Pro10 tection Agency shall issue a permit under the Clean Air 

11 Act (42 U.S.C. 7401 et seq.) to Shell Oil Company to per12 mit the Company to drill for oil in the Beaufort Sea, with 

13 no further review or analysis. 

14 SEC. 311. ENVIRONMENTAL LEGAL FEES. 

15 Section 504 of title 5, United States Code, is amend16 ed by adding at the end the following: 

17 ‘‘(g) ENVIRONMENTAL LEGAL FEES.—Notwith18 standing section 1304 of title 31, no award may be made 

19 under this section and no amounts may be obligated or 

20 expended from the Claims and Judgment Fund of the 

21 United States Treasury to pay any legal fees of an envi22 ronmental nongovernmental organization related to an ac23 tion that (with respect to the United States)— 

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

25 or the production of— 


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48 

•S 706 PCS

1 ‘‘(A) energy; 

2 ‘‘(B) a mineral resource; 

3 ‘‘(C) water by agricultural producers; 

4 ‘‘(D) a resource by commercial or rec5 reational fishermen; or 

6 ‘‘(E) grazing or timber production on Fed7 eral land; 

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

9 property owner; or 

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


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Calendar No. 23 

112TH CONGRESS 

1ST SESSION S. 706 

A BILL 

To stimulate the economy, produce domestic enposes. children will be responsible, and for other pur- ernments for which our children and grand- and without borrowing money from foreign gov- ergy, and create jobs at no cost to the taxpayers, 

APRIL 4, 2011 

Read the second time and placed on the calendar 


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