(3) by adding at the end the following: 
‘‘(3) EXCLUSIONS.—The term ‘air pollutant’ 
does not include carbon dioxide, methane from agri-
culture 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 emis-
sions 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 sen-
tences 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 nec-
essary with respect to a requirement described in 
paragraph (1), the Administrator shall— 
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‘‘(A) conduct a full economic analysis of 
the requirement; and 
‘‘(B) make the results of the analysis avail-
able 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 para-
graph (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, in-
direct, 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 busi-
nesses; 
‘‘(iv) the direct and indirect adverse 
impacts on the economies of local commu-
nities that are projected to result from the 
requirement; 
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‘‘(v) energy sectors that could be ex-
pected to retire units as a result of the re-
quirement; 
‘‘(vi) the impact of the requirement on 
the price of electricity, oil, gas, coal, and 
renewable resources; 
‘‘(vii) the economic harm to con-
sumers resulting from the requirement; 
‘‘(viii) the impact of the requirement 
on the ability of industries and businesses 
in the United States to compete with in-
dustries and businesses in other countries, 
with respect to competitiveness in both do-
mestic and foreign markets; 
‘‘(ix) the regions of the United States 
that are forecasted to be— 
‘‘(I) most affected from the di-
rect 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 
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to the creation of new jobs and eco-
nomic growth that are expected to re-
sult directly and indirectly from en-
ergy construction projects; 
‘‘(x) the adverse impacts of the re-
quirement on electric reliability that are 
expected to result from the retirement of 
electric generation; 
‘‘(xi) the geographical distribution of 
the projected adverse electric reliability im-
pacts of the requirement; 
‘‘(xii) Federal, State, and local poli-
cies that have been or will be implemented 
to support energy infrastructure in the 
United States, including policies that pro-
mote fuel diversity, affordable and reliable 
electricity, and energy security; and 
‘‘(xiii) other direct and indirect im-
pacts 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 require-
ment under subparagraph (A), the economic re-
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view board shall submit to Congress, the Presi-
dent, 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 subpara-
graph (B).’’. 
SEC. 306. ENDANGERED SPECIES. 
(a) EMERGENCIES.—Section 10 of the Endangered 
Species Act of 1973 (16 U.S.C. 1539) is amended by add-
ing at the end the following: 
‘‘(k) EMERGENCIES.—On the declaration of an emer-
gency 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 amelio-
rate 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.— 
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(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 implementa-
tion of this Act.’’. 
(2) CONFORMING AMENDMENT.—The table of 
contents in the first section of the Endangered Spe-
cies 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.’’. 
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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 con-
nection with the Central Valley Project, the Bureau of 
Reclamation and an agency of the State of California op-
erating a water project in connection with the Project shall 
not restrict operations of an applicable project pursuant 
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to any biological opinion issued under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), if the re-
striction 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 ac-
tions 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 per-
mit 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. 
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(e) PERMIT REVIEW.—Not later than 120 days after 
the date of enactment of this Act, the Secretary shall com-
plete 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 Pro-
tection Agency shall issue a permit under the Clean Air 
Act (42 U.S.C. 7401 et seq.) to Shell Oil Company to per-
mit 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 amend-
ed by adding at the end the following: 
‘‘(g) ENVIRONMENTAL
LEGAL
FEES.—Notwith-
standing 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 envi-
ronmental nongovernmental organization related to an ac-
tion that (with respect to the United States)— 
‘‘(1) prevents, terminates, or reduces access to 
or the production of— 
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‘‘(A) energy; 
‘‘(B) a mineral resource; 
‘‘(C) water by agricultural producers; 
‘‘(D) a resource by commercial or rec-
reational fishermen; or 
‘‘(E) grazing or timber production on Fed-
eral land; 
‘‘(2) diminishes the private property value of a 
property owner; or 
‘‘(3) eliminates or prevents 1 or more jobs.’’. 
Æ 
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