145 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(9) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
and 
(D) any other territory or possession of the 
United States. 
(b) STREAMLINING
OF
REFINERY
PERMITTING 
PROCESS.— 
(1) IN GENERAL.—At the request of the Gov-
ernor of a State or the governing body of an Indian 
tribe, the Administrator shall enter into a refinery 
permitting agreement with the State or Indian tribe 
under which the process for obtaining all permits 
necessary for the construction and operation of a re-
finery shall be streamlined using a systematic inter-
disciplinary multimedia approach as provided in this 
section. 
(2) AUTHORITY OF ADMINISTRATOR.—Under a 
refinery permitting agreement the Administrator 
shall have authority, as applicable and necessary, 
to— 
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(A) accept from a refiner a consolidated 
application for all permits that the refiner is re-
quired to obtain to construct and operate a re-
finery; 
(B) in consultation and cooperation with 
each Federal, State, or Indian tribal govern-
ment agency that is required to make any de-
termination to authorize the issuance of a per-
mit, establish a schedule under which each 
agency shall— 
(i) concurrently consider, to the max-
imum extent practicable, each determina-
tion to be made; and 
(ii) complete each step in the permit-
ting process; and 
(C) issue a consolidated permit that com-
bines all permits issued under the schedule es-
tablished under subparagraph (B). 
(3) AGREEMENT BY THE STATE.—Under a re-
finery permitting agreement, a State or governing 
body of an Indian tribe shall agree that— 
(A) the Administrator shall have each of 
the authorities described in paragraph (2); and 
(B) each State or Indian tribal government 
agency shall— 
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(i) in accordance with State law, make 
such structural and operational changes in 
the agencies as are necessary to enable the 
agencies to carry out consolidated project- 
wide permit reviews concurrently and in 
coordination with the Environmental Pro-
tection Agency and other Federal agencies; 
and 
(ii) comply, to the maximum extent 
practicable, with the applicable schedule 
established under paragraph (2)(B). 
(4) DEADLINES.— 
(A) NEW REFINERIES.—In the case of a 
consolidated permit for the construction of a 
new refinery, the Administrator and the State 
or governing body of an Indian tribe shall ap-
prove or disapprove the consolidated permit not 
later than— 
(i) 360 days after the date of the re-
ceipt of the administratively complete ap-
plication for the consolidated permit; or 
(ii) on agreement of the applicant, the 
Administrator, and the State or governing 
body of the Indian tribe, 90 days after the 
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148 
expiration of the deadline established 
under clause (i). 
(B) EXPANSION
OF
EXISTING
REFIN-
ERIES.—In the case of a consolidated permit 
for the expansion of an existing refinery, the 
Administrator and the State or governing body 
of an Indian tribe shall approve or disapprove 
the consolidated permit not later than— 
(i) 120 days after the date of the re-
ceipt of the administratively complete ap-
plication for the consolidated permit; or 
(ii) on agreement of the applicant, the 
Administrator, and the State or governing 
body of the Indian tribe, 30 days after the 
expiration of the deadline established 
under clause (i). 
(5) FEDERAL AGENCIES.—Each Federal agency 
that is required to make any determination to au-
thorize the issuance of a permit shall comply with 
the applicable schedule established under paragraph 
(2)(B). 
(6) JUDICIAL REVIEW.—Any civil action for re-
view of any permit determination under a refinery 
permitting agreement shall be brought exclusively in 
the United States district court for the district in 
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149 
which the refinery is located or proposed to be lo-
cated. 
(7) EFFICIENT PERMIT REVIEW.—In order to 
reduce the duplication of procedures, the Adminis-
trator shall use State permitting and monitoring 
procedures to satisfy substantially equivalent Fed-
eral requirements under this chapter. 
(8) SEVERABILITY.—If 1 or more permits that 
are required for the construction or operation of a 
refinery are not approved on or before any deadline 
established under paragraph (4), the Administrator 
may issue a consolidated permit that combines all 
other permits that the refiner is required to obtain 
other than any permits that are not approved. 
(9) SAVINGS.—Nothing in this subsection af-
fects the operation or implementation of otherwise 
applicable law regarding permits necessary for the 
construction and operation of a refinery. 
(10) CONSULTATION
WITH
LOCAL
GOVERN-
MENTS.—Congress encourages the Administrator, 
States, and tribal governments to consult, to the 
maximum extent practicable, with local governments 
in carrying out this subsection. 
(11) EFFECT ON LOCAL AUTHORITY.—Nothing 
in this subsection affects— 
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(A) the authority of a local government 
with respect to the issuance of permits; or 
(B) any requirement or ordinance of a 
local government (such as a zoning regulation). 
(c) FISCHER-TROPSCH FUELS.— 
(1) IN GENERAL.—In cooperation with the Sec-
retary of Energy, the Secretary of Defense, the Ad-
ministrator of the Federal Aviation Administration, 
Secretary of Health and Human Services, and 
Fischer-Tropsch industry representatives, the Ad-
ministrator shall— 
(A) conduct a research and demonstration 
program to evaluate the air quality benefits of 
ultra-clean Fischer-Tropsch transportation fuel, 
including diesel and jet fuel; 
(B) evaluate the use of ultra-clean Fischer- 
Tropsch transportation fuel as a mechanism for 
reducing engine exhaust emissions; and 
(C) submit recommendations to Congress 
on the most effective use and associated bene-
fits of these ultra-clean fuel for reducing public 
exposure to exhaust emissions. 
(2) GUIDANCE AND TECHNICAL SUPPORT.—The 
Administrator shall, to the extent necessary, issue 
any guidance or technical support documents that 
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would facilitate the effective use and associated ben-
efit of Fischer-Tropsch fuel and blends. 
(3) REQUIREMENTS.—The program described 
in paragraph (1) shall consider— 
(A) the use of neat (100 percent) Fischer- 
Tropsch fuel and blends with conventional 
crude oil-derived fuel for heavy-duty and light- 
duty diesel engines and the aviation sector; and 
(B) the production costs associated with 
domestic production of those ultra-clean fuel 
and prices for consumers. 
(4) REPORTS.—The Administrator shall submit 
to the Committee on Environment and Public Works 
and the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Energy 
and Commerce of the House of Representatives— 
(A) not later than 1 year after the date of 
enactment of this Act, an interim report on ac-
tions taken to carry out this subsection; and 
(B) not later than 2 years after the date 
of enactment of this Act, a final report on ac-
tions taken to carry out this subsection. 
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SEC. 382. EXISTING REFINERY PERMIT APPLICATION DEAD-
LINE. 
Notwithstanding any other provision of law, applica-
tions for a permit for existing refinery applications shall 
not be considered to be timely if submitted after 120 days 
after the date of enactment of this Act. 
Subtitle D—Extension of Certain 
Outer Continental Shelf Leases 
SEC. 391. EXTENSION OF CERTAIN OUTER CONTINENTAL 
SHELF LEASES. 
(a) DEFINITION OF COVERED LEASE.—In this sec-
tion, the term ‘‘covered lease’’ means each oil and gas 
lease for the Gulf of Mexico outer Continental Shelf region 
issued under section 8 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1337) that was— 
(1) not producing as of April 30, 2010; or 
(2) suspended from operations, permit proc-
essing, or consideration, in accordance with the mor-
atorium set forth in the Minerals Management Serv-
ice Notice to Lessees and Operators No. 2010–N04, 
dated May 30, 2010, or the decision memorandum 
of the Secretary of the Interior entitled ‘‘Decision 
memorandum regarding the suspension of certain 
offshore permitting and drilling activities on the 
Outer Continental Shelf’’ and dated July 12, 2010. 
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153 
(b) EXTENSION OF COVERED LEASES.—The Sec-
retary of the Interior shall extend the term of a covered 
lease by 1 year. 
(c) EFFECT ON SUSPENSIONS OF OPERATIONS OR 
PRODUCTION.—The extension of covered leases under this 
section is in addition to any suspension of operations or 
suspension of production granted by the Minerals Manage-
ment Service or Bureau of Ocean Energy Management, 
Regulation and Enforcement after May 1, 2010. 
Subtitle 
E—Expedited 
Consider-
ation and Approval of the Con-
struction and Operation of the 
Keystone XL Oil Pipeline 
SEC. 396. EXPEDITED CONSIDERATION AND APPROVAL OF 
THE CONSTRUCTION AND OPERATION OF 
THE KEYSTONE XL OIL PIPELINE. 
(a) FINDINGS.—Congress finds and declares the fol-
lowing: 
(1) The United States currently imports more 
than half of the oil it consumes, often from countries 
hostile to United States interests or with political 
and economic instability that compromises supply se-
curity. 
(2) While a significant portion of imports are 
derived from allies such as Canada and Mexico, the 
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United States remains vulnerable to substantial sup-
ply disruptions created by geopolitical tumult in 
major producing nations. 
(3) Strong increases in oil consumption in the 
developing world outpace growth in conventional oil 
supplies, bringing tight market conditions and high-
er oil prices in periods of global economic expansion 
or when supplies are threatened. 
(4) The development and delivery of oil and gas 
from Canada to the United States is in the national 
interest of the United States in order to secure oil 
supplies to fill needs that are projected to otherwise 
be filled by increases in other foreign supplies, nota-
bly from the Middle East. 
(5) Continued development of North American 
energy resources, including Canadian oil, increases 
domestic refiners’ access to stable and reliable 
sources of crude and improves certainty of fuel sup-
ply for the Department of Defense, the largest con-
sumer of petroleum in the United States. 
(6) Canada and the United States have the 
world’s largest two-way trading relationship. There-
fore, for every United States dollar spent on prod-
ucts from Canada, including oil, 90 cents is returned 
to the United States economy. When the same 
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metrics are applied to trading relationships with 
some other major sources of United States crude oil 
imports, returns are much lower. 
(7) The principal choice for Canadian oil ex-
porters is between moving increasing crude oil vol-
umes to the United States or Asia, led by China. In-
creased Canadian oil exports to China will result in 
increased United States crude oil imports from other 
foreign sources, especially the Middle East. 
(8) Increased Canadian crude oil imports into 
the United States correspondingly reduce the scale 
of ‘‘wealth transfers’’ to other more distant foreign 
sources resulting from the greater cost of importing 
crude oil from those sources. 
(9) Not only are United States companies 
major investors in Canadian oil sands, but many 
United States businesses throughout the country 
benefit from supplying goods and services required 
for ongoing Canadian oil sands operations and ex-
pansion. 
(10) There has been more than 2 years of con-
sideration and a coordinated review by more than a 
dozen Federal agencies of the technical aspects and 
of the environmental, social, and economic impacts 
of the proposed pipeline project known as the Key-
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stone XL from Hardisty, Alberta, to Steele City, Ne-
braska, and then on to the United States Gulf Coast 
through Cushing, Oklahoma. 
(11) Keystone XL represents a high capacity 
pipeline supply option that could meet early as well 
as long-term market demand for crude oil to United 
States refineries, and could also potentially bring 
over 100,000 barrels per day of United States 
Bakken crudes to market. 
(12) Completion of the Keystone XL pipeline 
would increase total Keystone pipeline capacity by 
700,000 barrels per day to 1,290,000 barrels per 
day. 
(13) The Keystone XL pipeline would provide 
short-term and long-term employment opportunities 
and related labor income benefits, as well as govern-
ment revenues associated with sales and payroll 
taxes. 
(14) The earliest possible construction of the 
Keystone XL pipeline will make the extensive proven 
and potential reserves of Canadian oil available for 
United States use and increase United States jobs 
and will therefore serve the national interest. 
(15) Analysis using the Environmental Protec-
tion Agency models shows that the Keystone XL 
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pipeline will result in no significant change in total 
United States or global greenhouse gas emissions. 
(16) The Keystone XL pipeline would be state- 
of-the-art and have a degree of safety higher than 
any other typically constructed domestic oil pipeline 
system. 
(17) Because of the extensive governmental 
studies already made with respect to the Keystone 
XL project and the national interest in early delivery 
of Canadian oil to United States markets, a decision 
with respect to a Presidential Permit for the Key-
stone XL pipeline should be promptly issued without 
further administrative delay or impediment. 
(b) EXPEDITED APPROVAL PROCESS.— 
(1) 
IN
GENERAL.—The 
President, 
acting 
through the Secretary of Energy, shall coordinate 
with each Federal agency responsible for coordi-
nating or considering an aspect of the President’s 
National Interest Determination and Presidential 
Permit decision regarding construction and oper-
ation of the Keystone XL pipeline, to ensure that all 
necessary actions with respect to such decision are 
taken on an expedited schedule. 
(2) AGENCY
COOPERATION
WITH
SECRETARY 
OF
ENERGY.—Each Federal agency described in 
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subsection (a) shall comply with any deadline estab-
lished by the Secretary of Energy pursuant to sub-
section (a). 
(3) FINAL
ORDER.—Not later than 30 days 
after the issuance of the final environmental impact 
statement, the President shall issue a final order 
granting or denying the Presidential Permit for the 
Keystone XL pipeline, but in no event shall such de-
cision be made later than the 30th day after the 
date of the enactment of this Act. 
(4) ENVIRONMENTAL REVIEW.—No action by 
the Secretary of Energy pursuant to this section 
shall affect any duty or responsibility to comply with 
any requirement to conduct environmental review. 
(5) SENSE OF CONGRESS.—It is the sense of 
Congress that the United States must decrease its 
dependence on oil from countries which are hostile 
to the interests of the United States. Canada has 
long been a strong trading partner, and increased 
access to their energy resources will create jobs in 
the United States. 
Æ 
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