I 
112TH CONGRESS 
2D SESSION 
H. R. 4211 
To prohibit the drawdown of petroleum from the Strategic Petroleum Reserve 
unless the President has taken certain actions. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 19, 2012 
Mr. POE of Texas (for himself and Mr. BURTON of Indiana) introduced the 
following bill; which was referred to the Committee on Natural Resources, 
and in addition to the Committees on Energy and Commerce and Trans-
portation and Infrastructure, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To prohibit the drawdown of petroleum from the Strategic 
Petroleum Reserve unless the President has taken certain 
actions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Energy First 
Act’’. 
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SEC. 2. FEDERAL GOVERNMENT ACTION REQUIRED AS 
CONDITION FOR DRAWDOWN FROM STRA-
TEGIC PETROLEUM RESERVE. 
No petroleum product may be drawn down and sold 
or exchanged from the Strategic Petroleum Reserve unless 
the President has taken all of the actions required by sec-
tions 3 through 8 of this Act. 
SEC. 3. EFFECTIVENESS OF OIL SHALE REGULATIONS, 
AMENDMENTS TO RESOURCE MANAGEMENT 
PLANS, AND RECORD OF DECISION. 
(a) REGULATIONS.—The President shall direct the 
Secretary of the Interior and the heads of all other rel-
evant Federal agencies to treat the final regulations re-
garding oil shale management published by the Bureau 
of Land Management on November 18, 2008 (73 Fed. 
Reg. 69,414), as satisfying all legal and procedural re-
quirements under any law, including the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), and the Energy Policy Act 
of 2005 (Public Law 109–58), and the Secretary of the 
Interior shall implement those regulations, including the 
oil shale leasing program authorized by the regulations, 
without any other administrative action necessary. 
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(b) AMENDMENTS
TO
RESOURCE
MANAGEMENT 
PLANS
AND RECORD
OF DECISION.—Notwithstanding 
any other law or regulation to the contrary, the President 
shall direct the Secretary of the Interior and the heads 
of all other relevant Federal agencies to treat the Novem-
ber 17, 2008, U.S. Bureau of Land Management Ap-
proved Resource Management Plan Amendments/Record 
of Decision for Oil Shale and Tar Sands Resources to Ad-
dress Land Use Allocations in Colorado, Utah, and Wyo-
ming and Final Programmatic Environmental Impact 
Statement as satisfying all legal and procedural require-
ments under any law, including the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.), 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), and the Energy Policy Act of 2005 
(Public Law 109–58), and the Secretary of the Interior 
shall implement the oil shale leasing program authorized 
by the regulations referred to in subsection (a) in those 
areas covered by the resource management plans amended 
by such amendments, and covered by such record of deci-
sion, without any other administrative action necessary. 
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SEC. 4. REQUIREMENT TO CONDUCT PROPOSED OIL AND 
GAS LEASE SALE 216 IN THE CENTRAL GULF 
OF MEXICO. 
(a) IN GENERAL.—The President shall direct the 
Secretary of the Interior to conduct offshore oil and gas 
Lease Sale 216 under section 8 of the Outer Continental 
Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, 
but not later than 4 months after the date of enactment 
of this Act. 
(b) ENVIRONMENTAL REVIEW.—For the purposes of 
that lease sale, the Environmental Impact Statement for 
the 2007–2012 5-Year OCS Plan and the Multi-Sale Envi-
ronmental Impact Statement are deemed to satisfy the re-
quirements of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
SEC. 5. REQUIREMENT TO CONDUCT PROPOSED OIL AND 
GAS LEASE SALE 218 IN THE WESTERN GULF 
OF MEXICO. 
(a) IN GENERAL.—The President shall direct the 
Secretary of the Interior to conduct offshore oil and gas 
Lease Sale 218 under section 8 of the Outer Continental 
Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, 
but not later than 8 months after the date of enactment 
of this Act. 
(b) ENVIRONMENTAL REVIEW.—For the purposes of 
that lease sale, the Environmental Impact Statement for 
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the 2007–2012 5-Year OCS Plan and the Multi-Sale Envi-
ronmental Impact Statement are deemed to satisfy the re-
quirements of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
SEC. 6. REQUIREMENT TO CONDUCT PROPOSED OIL AND 
GAS LEASE SALE 222 IN THE CENTRAL GULF 
OF MEXICO. 
(a) IN GENERAL.—The President shall direct the 
Secretary of the Interior to conduct offshore oil and gas 
Lease Sale 222 under section 8 of the Outer Continental 
Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, 
but not later than June 1, 2012. 
(b) ENVIRONMENTAL REVIEW.—For the purposes of 
that lease sale, the Environmental Impact Statement for 
the 2007–2012 5-Year OCS Plan and the Multi-Sale Envi-
ronmental Impact Statement are deemed to satisfy the re-
quirements of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
SEC. 7. KEYSTONE XL PIPELINE PERMIT APPROVAL. 
(a) PERMIT APPROVAL.—The President shall direct 
the Secretary of State to approve the permit described in 
subsection (b). 
(b) DESCRIPTION OF PERMIT.—The permit approved 
under subsection (a) is the permit with respect to certain 
energy-related facilities and land transportation crossings 
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on the international boundaries of the United States for 
the Keystone XL pipeline project, an application for which 
was filed on September 19, 2008 (including amendments). 
(c) REQUIREMENTS.—The permit granted under sub-
section (a) shall require the following: 
(1) The permittee shall comply with all applica-
ble Federal and State laws (including regulations) 
and all applicable industrial codes regarding the con-
struction, connection, operation, and maintenance of 
the United States facilities. 
(2) The permittee shall take all appropriate 
measures to prevent or mitigate any adverse envi-
ronmental impact or disruption of historic properties 
in connection with the construction, operation, and 
maintenance of the United States facilities. 
(3) For the purpose of the permit approved 
under subsection (a) (regardless of any modifications 
under subsection (d))— 
(A) the final environmental impact state-
ment issued by the Secretary of State on Au-
gust 26, 2011, satisfies all requirements of the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and section 106 of the Na-
tional Historic Preservation Act (16 U.S.C. 
470f); 
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(C) if the modified route submitted by the 
Governor 
of 
Nebraska 
under 
subsection 
(d)(3)(B) crosses the Sand Hills region, the 
measures agreed to by the permittee for the 
Sand Hills region found in appendix H of the 
final environmental impact statement described 
in subparagraph (A); and 
(D) the stipulations identified in appendix 
S of the final environmental impact statement 
described in subparagraph (A). 
(5) Other requirements that are standard in-
dustry practice or commonly included in Federal 
permits that are similar to a permit approved under 
subsection (a). 
(d) MODIFICATION.—The permit approved under 
subsection (a) shall require— 
(1) the reconsideration of routing of the Key-
stone XL pipeline within the State of Nebraska; 
(2) a review period during which routing within 
the State of Nebraska may be reconsidered and the 
route of the Keystone XL pipeline through the State 
altered with any accompanying modification to the 
Plan described in subsection (c)(4)(A); and 
(3) the President— 
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(A) to coordinate review with the State of 
Nebraska and provide any necessary data and 
reasonable technical assistance material to the 
review process required under this subsection; 
and 
(B) to approve the route within the State 
of Nebraska that has been submitted to the 
Secretary of State by the Governor of Ne-
braska. 
(e) EFFECT OF NO APPROVAL.—If the President 
does not approve the route within the State of Nebraska 
submitted by the Governor of Nebraska under subsection 
(d)(3)(B) not later than 10 days after the date of submis-
sion, the route submitted by the Governor of Nebraska 
under subsection (d)(3)(B) shall be considered approved, 
pursuant to the terms of the permit approved under sub-
section (a) that meets the requirements of subsection (c) 
and this subsection, by operation of law. 
(f) PRIVATE PROPERTY SAVINGS CLAUSE.—Nothing 
in this section alters the Federal, State, or local processes 
or conditions in effect on the date of enactment of this 
Act that are necessary to secure access from private prop-
erty owners to construct the Keystone XL pipeline. 
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SEC. 8. REQUIREMENT TO EXPEDITE PERMITTING FOR EX-
ISTING OIL AND GAS LEASES. 
The President shall direct the Secretary of the Inte-
rior to expedite permitting of activities under oil and gas 
leases for Federal onshore lands and Federal submerged 
lands in the Gulf of Mexico. 
Æ 
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