(D) onshore facilities that are able to draw 
upon the resources of the outer Continental 
Shelf within 10 miles of shore are allowed. 
(b) CONFORMING AMENDMENT.—Section 105 of the 
Department of the Interior, Environment, and Related 
Agencies Appropriations Act, 2006 (Public Law 109–54; 
119 Stat. 521) (as amended by section 103(d) of the Gulf 
of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 
note; Public Law 109–432)) is amended by inserting ‘‘and 
any other area that the Secretary of the Interior may offer 
for leasing, preleasing, or any related activity under sec-
tion 104 of that Act’’ after ‘‘2006)’’. 
Subtitle B—Expedited Judicial 
Review 
SEC. 121. DEFINITIONS. 
In this subtitle: 
(1) AUTHORIZING
LEASING
STATUTE.—The 
term ‘‘authorizing leasing statute’’ means the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et 
seq.), the Mineral Leasing Act (30 U.S.C. 181 et 
seq.), the Mineral Leasing Act for Acquired Lands 
(30 U.S.C. 351 et seq.), and any other law of the 
United States directing or authorizing the leasing of 
Federal lands for oil and gas production or trans-
mission. 
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(2) COVERED OIL AND NATURAL GAS ACTIV-
ITY.—The term ‘‘covered oil and natural gas activ-
ity’’ means— 
(A) the leasing of any lands pursuant to 
an authorizing leasing statute for the explo-
ration, development, production, processing, or 
transmission of oil, natural gas, or associated 
hydrocarbons, including actions or decisions re-
lating to the selection of which lands may or 
shall be made available for such leasing; and 
(B) any activity taken or proposed to be 
taken pursuant or in relation to such leases, in-
cluding their suspension, and any environ-
mental analyses relating to such activity. 
SEC. 122. EXCLUSIVE JURISDICTION OVER CAUSES AND 
CLAIMS RELATING TO COVERED OIL AND 
NATURAL GAS ACTIVITIES. 
Notwithstanding any other provision of law, any Fed-
eral action approving any covered oil and natural gas ac-
tivity shall be subject to judicial review only— 
(1) in the United States Court of Appeals for 
the District of Columbia Circuit; and 
(2) after the person filing a petition seeking 
such judicial review has exhausted all available ad-
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ministrative remedies with respect to such Federal 
action. 
SEC. 123. TIME FOR FILING PETITION; STANDING. 
(a) IN GENERAL.—All petitions referred to in section 
122 must be filed within 30 days after the latter of the 
challenged Federal action or the exhaustion of all available 
administrative remedies with respect to such Federal ac-
tion. A claim or challenge shall be barred unless it is filed 
within the time specified. 
(b) STANDING.—No person whose legal rights will 
not be directly and adversely affected by the challenged 
action, and who is not within the zone of interest protected 
by each Act under which the challenge is brought, shall 
have standing to file any petition referred to in section 
122. 
SEC. 124. TIMETABLE. 
The United States Court of Appeals for the District 
of Columbia Circuit shall complete all judicial review, in-
cluding rendering a judgment, before the end of the 120- 
day period beginning on the date on which a petition re-
ferred to in section 122 is filed, unless all parties to such 
proceeding agree to an extension of such period. 
SEC. 125. LIMITATION ON SCOPE OF REVIEW AND RELIEF. 
(a) ADMINISTRATIVE
FINDINGS
AND
CONCLU-
SIONS.—In any judicial review referred to in section 122, 
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any administrative findings and conclusions relating to the 
challenged Federal action shall be presumed to be correct 
unless shown otherwise by clear and convincing evidence 
contained in the administrative record. 
(b) LIMITATION ON PROSPECTIVE RELIEF.—In any 
judicial review referred to in section 122, the Court shall 
not grant or approve any prospective relief unless the 
court finds that such relief is narrowly drawn, extends no 
further than necessary to correct the violation of a Federal 
law requirement, and is the least intrusive means nec-
essary to correct the violation concerned. 
SEC. 126. PRESIDENTIAL WAIVER. 
Notwithstanding any other provision of law, the 
President may waive any legal requirement relating to the 
approval of any covered oil and natural gas activity if the 
President determines in the President’s sole discretion 
that such activity is important to the national interest and 
outweighs such legal requirement. 
SEC. 127. LEGAL FEES. 
Any person filing a petition referred to in section 122 
who is not a prevailing party shall pay to the prevailing 
parties (including intervening parties), other than the 
United States, fees and other expenses incurred by that 
party in connection with the judicial review, unless the 
Court finds that the position of the person was substan-
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tially justified or that special circumstances make an 
award unjust. 
SEC. 128. EXCLUSION. 
Section 122 shall not apply to disputes between the 
parties to a lease issued pursuant to an authorizing leas-
ing statute regarding the obligations of such lease or the 
alleged breach thereof. 
Subtitle C—Other Energy 
Provisions 
SEC. 131. POLICIES REGARDING BUYING AND BUILDING 
AMERICAN. 
(a) INTENT OF CONGRESS.—It is the intent of the 
Congress that this Act, among other things, result in a 
healthy and growing American industrial, manufacturing, 
transportation, and service sector employing the vast tal-
ents of America’s workforce to assist in the development 
of energy from domestic sources. Moreover, the Congress 
intends to monitor the deployment of personnel and mate-
rial onshore and offshore to encourage the development 
of American technology and manufacturing to enable 
United States workers to benefit from this Act by good 
jobs and careers, as well as the establishment of important 
industrial facilities to support expanded access to Amer-
ican resources. 
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(b) SAFEGUARD FOR EXTRAORDINARY ABILITY.— 
Section 30(a) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1356(a)) is amended in the matter preceding 
paragraph (1) by striking ‘‘regulations which’’ and insert-
ing ‘‘regulations that shall be supplemental and com-
plimentary with and under no circumstances a substi-
tution for the provisions of the Constitution and laws of 
the United States extended to the subsoil and seabed of 
the outer Continental Shelf pursuant to section 4 of this 
Act, except insofar as such laws would otherwise apply to 
individuals who have extraordinary ability in the sciences, 
arts, education, or business, which has been demonstrated 
by sustained national or international acclaim, and that’’. 
(c) WORK STANDARDS.—All construction, repair, or 
alteration of public buildings and public works of the Gov-
ernment and buildings or works financed or otherwise as-
sisted in whole or in part under this Act by a loan, loan 
guarantee, grant, annual contribution, credit enhance-
ment, or any other form of Federal assistance authorized 
under this Act shall be performed in accordance with the 
standards applicable to comparable activity under any 
other provision of law, without regard to the form or type 
of Federal assistance provided thereunder. 
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TITLE II—MODIFYING THE STRA-
TEGIC PETROLEUM RESERVE 
AND 
FUNDING 
CONSERVA-
TION 
AND 
ENERGY 
RE-
SEARCH AND DEVELOPMENT 
SEC. 201. FINDINGS. 
Congress finds the following: 
(1) The Strategic Petroleum Reserve (SPR) 
was created by Congress in 1975, to protect the Na-
tion from any future oil supply disruptions. When 
the program was established, United States refiners 
were capable of handling light crude and medium 
crude and the makeup of the SPR matched this ca-
pacity. This is not the case today. 
(2) A GAO analysis found that nearly half of 
the refineries considered vulnerable to supply disrup-
tions are not compatible with the types of oil cur-
rently stored in the SPR and would be unable to 
maintain normal refining capacity if forced to rely 
on SPR oil as currently constituted, thereby reduc-
ing the effectiveness of the SPR in the event of a 
supply disruption. GAO concluded that the SPR 
should be comprised of at least 10 percent heavy 
crude. 
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(3) This Act implements the GAO recommenda-
tion and dedicates funds received from the trans-
actions to existing energy conservation, research, 
and assistance programs. 
SEC. 202. DEFINITIONS. 
In this title— 
(1) the term ‘‘light grade petroleum’’ means 
crude oil with an API gravity of 35 degrees or high-
er; 
(2) the term ‘‘heavy grade petroleum’’ means 
crude oil with an API gravity of 26 degrees or lower; 
and 
(3) the term ‘‘Secretary’’ means the Secretary 
of Energy. 
SEC. 203. OBJECTIVES. 
The objectives of this title are as follows: 
(1) To modernize the composition of the Stra-
tegic Petroleum Reserve to reflect the current proc-
essing capabilities of refineries in the United States. 
(2) To provide increased funding to accelerate 
conservation, energy research and development, and 
assistance through existing programs. 
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SEC. 204. MODIFICATION OF THE STRATEGIC PETROLEUM 
RESERVE. 
Notwithstanding section 161 of the Energy Policy 
and Conservation Act (42 U.S.C. 6241), the Secretary 
shall publish a plan not later than 30 days after the date 
of enactment of this Act to— 
(1) exchange as soon as possible light grade pe-
troleum from the Strategic Petroleum Reserve, in an 
amount equal to 10 percent of the total number of 
barrels of crude oil in the Reserve as of the date of 
enactment of this Act, for an equivalent volume of 
heavy grade petroleum plus any additional cash 
bonus bids received that reflect the difference in the 
market value between light grade petroleum and 
heavy grade petroleum and the timing of deliveries 
of the heavy grade petroleum; 
(2) from the gross proceeds of the cash bonus 
bids, deposit the amount necessary to pay for the di-
rect administrative and operational costs of the ex-
change into the SPR Petroleum Account established 
under section 167 of the Energy Policy and Con-
servation Act (42 U.S.C. 6247); and 
(3) deposit 90 percent of the remaining net pro-
ceeds from the exchange into the Infrastructure Re-
newal Reserve established in section 107. 
Æ 
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