SEC. 209. TREATMENT OF REVENUES. 
Notwithstanding any other provision of law, 90 per-
cent of the amount of bonus, rental, and royalty revenues 
from Federal oil and gas leasing and operations author-
ized under this title shall be deposited in the Treasury. 
SEC. 210. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 
(a) IN GENERAL.—The Secretary shall issue rights- 
of-way and easements across the Coastal Plain for the 
transportation of oil and gas produced under leases under 
this title— 
(1) except as provided in paragraph (2), under 
section 28 of the Mineral Leasing Act (30 U.S.C. 
185), without regard to title XI of the Alaska Na-
tional Interest Lands Conservation Act (16 U.S.C. 
3161 et seq.); and 
(2) under title XI of the Alaska National Inter-
est Lands Conservation Act (30 U.S.C. 3161 et 
seq.), for access authorized by sections 1110 and 
1111 of that Act (16 U.S.C. 3170 and 3171). 
(b) TERMS AND CONDITIONS.—The Secretary shall 
include in any right-of-way or easement issued under sub-
section (a) such terms and conditions as may be necessary 
to ensure that transportation of oil and gas does not result 
in a significant adverse effect on the fish and wildlife, sub-
sistence resources, their habitat, and the environment of 
the Coastal Plain, including requirements that facilities be 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
sited or designed so as to avoid unnecessary duplication 
of roads and pipelines. 
(c) REGULATIONS.—The Secretary shall include in 
regulations under section 202(g) provisions granting 
rights-of-way and easements described in subsection (a) 
of this section. 
SEC. 211. CONVEYANCE. 
In order to maximize Federal revenues by removing 
clouds on title to lands and clarifying land ownership pat-
terns within the Coastal Plain, the Secretary, notwith-
standing section 1302(h)(2) of the Alaska National Inter-
est Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 
convey— 
(1) to the Kaktovik Inupiat Corporation the 
surface estate of the lands described in paragraph 1 
of Public Land Order 6959, to the extent necessary 
to fulfill the Corporation’s entitlement under sec-
tions 12 and 14 of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1611 and 1613) in accordance 
with the terms and conditions of the Agreement be-
tween the Department of the Interior, the United 
States Fish and Wildlife Service, the Bureau of 
Land Management, and the Kaktovik Inupiat Cor-
poration dated January 22, 1993; and 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
(2) to the Arctic Slope Regional Corporation 
the remaining subsurface estate to which it is enti-
tled pursuant to the August 9, 1983, agreement be-
tween the Arctic Slope Regional Corporation and the 
United States of America. 
TITLE III—REGULATORY 
STREAMLINING 
SEC. 
301. 
JURISDICTION 
OVER 
COVERED 
ENERGY 
PROJECTS. 
(a) DEFINITION OF COVERED ENERGY PROJECT.— 
In this section, the term ‘‘covered energy project’’ means 
any action or decision by a Federal official regarding— 
(1) the leasing of Federal land (including sub-
merged land) for the exploration, development, pro-
duction, processing, or transmission of oil, natural 
gas, or any other source or form of energy, including 
actions and decisions regarding the selection or of-
fering of Federal land for such leasing; or 
(2) any action under such a lease, except that 
this section and Act shall not apply to a dispute be-
tween the parties to a lease entered into a provision 
of law authorizing the lease regarding obligations 
under the lease or the alleged breach of the lease. 
(b) EXCLUSIVE JURISDICTION OVER CAUSES AND 
CLAIMS RELATING TO COVERED ENERGY PROJECTS.— 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
Notwithstanding any other provision of law, the United 
States District Court for the District of Columbia shall 
have exclusive jurisdiction to hear all causes and claims 
under this section or any other Act that arise from any 
covered energy project, except for any such cause or claim 
arising in the United States Court of Appeals for the Fifth 
Circuit. 
(c) TIME FOR FILING COMPLAINT.— 
(1) IN GENERAL.—Each case or claim described 
in subsection (b) shall be filed not later than the end 
of the 60-day period beginning on the date of the ac-
tion or decision by a Federal official that constitutes 
the covered energy project concerned. 
(2) PROHIBITION.—Any cause or claim de-
scribed in subsection (b) that is not filed within the 
time period described in paragraph (1) shall be 
barred. 
(d) DISTRICT COURT FOR DISTRICT OF COLUMBIA 
DEADLINE.— 
(1) IN GENERAL.—Each proceeding that is sub-
ject to subsection (b) shall— 
(A) be resolved as expeditiously as prac-
ticable and in any event not more than 180 
days after the cause or claim is filed; and 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
(B) take precedence over all other pending 
matters before the district court. 
(2) FAILURE TO COMPLY WITH DEADLINE.—If 
an interlocutory or final judgment, decree, or order 
has not been issued by the district court by the 
deadline required under this section, the cause or 
claim shall be dismissed with prejudice and all rights 
relating to the cause or claim shall be terminated. 
(e) ABILITY TO SEEK APPELLATE REVIEW.—An in-
terlocutory or final judgment, decree, or order of the dis-
trict court under this section may be reviewed by no other 
court except the Supreme Court. 
SEC. 302. 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— 
‘‘(A) energy; 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(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 one or more jobs.’’. 
SEC. 303. MASTER LEASING PLANS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of the Interior, acting through 
the Bureau of Land Management, shall not establish a 
master leasing plan as part of any guidance issued by the 
Secretary. 
(b) EXISTING MASTER LEASING PLANS.—Instruc-
tion Memorandum No. 2010–117 and any other master 
leasing plan described in subsection (a) issued on or before 
the date of enactment of this Act shall have no force or 
effect. 
SEC. 304. NATIONAL MONUMENTS. 
Section 2 of the Act of June 8, 1906 (commonly 
known as the ‘‘Antiquities Act of 1906’’) (16 U.S.C. 431), 
is amended in the first sentence by striking ‘‘, in his dis-
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
cretion, to declare by public proclamation’’ and inserting 
‘‘to declare, subject to approval by an Act of Congress,’’. 
SEC. 305. CARBON DIOXIDE AND OTHER GREENHOUSE GAS 
EMISSIONS REDUCTIONS IN CHINA, INDIA, 
AND RUSSIA. 
(a) DEFINITION OF ADMINISTRATOR.—In this sec-
tion, the term ‘‘Administrator’’ means the Administrator 
of the Environmental Protection Agency. 
(b) FINDINGS.—Congress finds that— 
(1) in 1997, the Senate adopted Senate Resolu-
tion 98, 105th Congress, agreed to July 25, 1997, 
which expressed the sense of the Senate that the 
United States should not accept any agreement that 
would mandate new commitments to limit or reduce 
greenhouse gas emissions by developed countries un-
less the agreement also mandated new specific 
scheduled commitments to limit or reduce green-
house gas emissions by developing countries within 
the same compliance period; and 
(2) the Administrator continues to move for-
ward with the regulation of carbon dioxide emis-
sions, however, the People’s Republic of China, 
India, and the Russian Federation do not impose 
similar regulations on carbon dioxide emissions. 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
(c) CARBON DIOXIDE OR GREENHOUSE GAS EMIS-
SIONS REDUCTIONS.—Notwithstanding any other provi-
sion of law, the Administrator or the head of any other 
Federal agency or department shall not regulate or con-
tinue to implement or enforce any regulations, proposals, 
or actions establishing any carbon dioxide or greenhouse 
gas emissions reductions until the Administrator, the Ad-
ministrator of the Energy Information Agency, and the 
Secretary of Commerce certify in writing that— 
(1) the People’s Republic of China, India, and 
the Russian Federation have proposed, implemented, 
and enforced measures requiring carbon dioxide and 
other greenhouse gas emissions reductions; and 
(2) the reductions described in paragraph (1) 
are substantially similar to the carbon dioxide and 
other greenhouse gas emission reductions proposed 
by the Administrator or the head of any other Fed-
eral agency or department for the United States. 
(d) REPEAL.—Any regulation, proposal, or action in 
effect before, on, or after the date of enactment of this 
Act, but before the date on which the certification under 
subsection (c) is made, that requires any carbon dioxide 
or other greenhouse gas emissions reduction shall have no 
force or effect. 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
SEC. 306. 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— 
‘‘(A) conduct a full economic analysis of 
the requirement; and 
‘‘(B) make the data, methodologies, and 
results of the analysis available 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— 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(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) energy sectors that could be ex-
pected to retire units as a result of the re-
quirement; 
‘‘(v) the impact of the requirement on 
the price of electricity, oil, gas, coal, and 
renewable resources; 
‘‘(vi) the economic harm to consumers 
resulting from the requirement; 
‘‘(vii) 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; 
‘‘(viii) the regions of the United 
States that are forecasted to be— 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(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 
to the creation of new jobs and eco-
nomic growth that are expected to re-
sult directly and indirectly from en-
ergy construction projects; 
‘‘(ix) the adverse impacts of the re-
quirement on electric reliability that are 
expected to result from the retirement of 
electric generation; 
‘‘(x) the geographical distribution of 
the projected adverse electric reliability im-
pacts of the requirement; 
‘‘(xi) Federal, State, and local policies 
that have been or will be implemented to 
support 
energy 
infrastructure 
in 
the 
United States, including policies that pro-
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
mote fuel diversity, affordable and reliable 
electricity, and energy security; 
‘‘(xii) the potential economic impacts 
as a result of outsourcing; 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-
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. 307. 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: 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(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 fighting or 
preventing forest fires and the building, rebuilding, or op-
eration of any water supply or flood control project by a 
Federal agency.’’. 
(b) PROHIBITION OF CONSIDERATION OF IMPACT OF 
GREENHOUSE GASES AND CLIMATE CHANGE.— 
(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 GASES AND CLIMATE CHANGE. 
‘‘(a) DEFINITION OF GREENHOUSE GAS.—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 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(7) any other anthropogenic gas designated by 
the Secretary for purposes of this section. 
‘‘(b) IMPACT OF GREENHOUSE GASES AND CLIMATE 
CHANGE.—The impact of any greenhouse gas or climate 
change on any species of fish or wildlife or plant shall not 
be considered for any purpose in the implementation 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 gases and cli-
mate change.’’. 
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 
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 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
is less than the historical maximum level of allocation of 
water under the project.’’. 
SEC. 309. KEYSTONE XL PERMIT APPROVAL. 
(a) IN GENERAL.—Notwithstanding Executive Order 
No. 13337 (3 U.S.C. 301 note), Executive Order No. 
11423 (3 U.S.C. 301 note), section 301 of title 3, United 
States Code, and any other Executive order or provision 
of law, no presidential permit shall be required for the 
pipeline described in the application filed on May 4, 2012, 
by TransCanada Corporation to the Department of State 
for the northern portion of the Keystone XL pipeline from 
the Canadian border to the border between the States of 
South Dakota and Nebraska. 
(b) ENVIRONMENTAL
IMPACT
STATEMENT.—The 
final environmental impact statement issued by the Sec-
retary of State on August 26, 2011, regarding the pipeline 
referred to in subsection (a), shall be considered to satisfy 
all requirements of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
(c) INTRASTATE PORTION.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the route of the Keystone XL pipe-
line through the State of Nebraska reviewed in the 
Final Evaluation Report conducted pursuant to Neb. 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
Rev. Stat. §57–1503(1) and approved by the Gov-
ernor of the State shall be considered approved. 
(2) ENVIRONMENTAL IMPACT STATEMENTS.— 
The Final Evaluation Report described in paragraph 
(1) shall be considered to satisfy all requirements of 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(d) CRITICAL HABITAT.—No area necessary to con-
struct or maintain the Keystone XL pipeline shall be con-
sidered critical habitat under the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.) or any other provision 
of law. 
(e) PERMITS.—Any Federal permit or authorization 
issued before the date of enactment of this Act for the 
pipeline and cross-border facilities described in subsections 
(a) and (b), and the related facilities in the United States, 
shall remain in effect. 
(f) FEDERAL JUDICIAL REVIEW.—The pipeline and 
cross-border facilities described in subsections (a) and (b), 
and the related facilities in the United States, that are 
approved by this section, and any permit, right-of-way, or 
other action taken to construct or complete the project 
pursuant to Federal law, shall only be subject to judicial 
review on direct appeal to the United States Court of Ap-
peals for the District of Columbia Circuit. 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS
SEC. 310. DRAKES BAY OYSTER COMPANY. 
Notwithstanding any other provision of law (includ-
ing the memorandum of the Secretary of the Interior 
dated November 29, 2012, with the subject entitled ‘‘Point 
Reyes National Seashore–Drakes Bay Oyster Com-
pany’’)— 
(1) the Secretary of the Interior, acting through 
the Director of the National Park Service, shall— 
(A) reinstate, for a period of not less than 
10 years, the reservation of use and occupancy 
and special use permits to conduct commercial 
operations within Point Reyes National Sea-
shore in the State of California held by Drakes 
Bay Oyster Company, which expired on Novem-
ber 30, 2012, subject to the terms and condi-
tions contained in those permits, as in effect on 
November 29, 2012; and 
(B) on receipt of a request from Drakes 
Bay Oyster Company (or a successor in inter-
est), renew those reinstated permits for an ad-
ditional 10-year period; and 
(2) Drakes Estero in the State of California 
shall not be converted to a designated wilderness. 
Æ 
VerDate Mar 15 2010 
23:34 May 10, 2013
Jkt 029200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6301
E:\BILLS\H1881.IH
H1881
smartinez on DSK6TPTVN1PROD with BILLS