I 
113TH CONGRESS 
1ST SESSION 
H. R. 787 
To greatly enhance America’s path toward energy independence and economic 
and national security, to rebuild our Nation’s aging roads, bridges, locks, 
and dams, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2013 
Mr. MURPHY of Pennsylvania introduced the following bill; which was referred 
to the Committee on Natural Resources, and in addition to the Commit-
tees on the Judiciary, Energy and Commerce, Rules, the Budget, and 
Transportation and Infrastructure, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To greatly enhance America’s path toward energy independ-
ence and economic and national security, to rebuild our 
Nation’s aging roads, bridges, locks, and dams, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Infrastructure Jobs and Energy Independence Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—OFFSHORE LEASING AND OTHER ENERGY PROVISIONS 
Subtitle A—Offshore Leasing 
Sec. 101. Leasing program considered approved. 
Sec. 102. Lease sales. 
Sec. 103. Seaward boundaries of States. 
Sec. 104. Military operations. 
Sec. 105. Coordination with Adjacent States. 
Sec. 106. Gulf of Mexico oil and gas. 
Sec. 107. Sharing of revenues. 
Sec. 108. Inventory of offshore energy resources. 
Sec. 109. Prohibitions on surface occupancy and other appropriate environ-
mental safeguards. 
Subtitle B—Expedited Judicial Review 
Sec. 121. Definitions. 
Sec. 122. Exclusive jurisdiction over causes and claims relating to covered oil 
and natural gas activities. 
Sec. 123. Time for filing petition; standing. 
Sec. 124. Timetable. 
Sec. 125. Limitation on scope of review and relief. 
Sec. 126. Presidential waiver. 
Sec. 127. Legal fees. 
Sec. 128. Exclusion. 
Subtitle C—Other Energy Provisions 
Sec. 131. Policies regarding buying and building American. 
TITLE II—MODIFYING THE STRATEGIC PETROLEUM RESERVE 
AND FUNDING CONSERVATION AND ENERGY RESEARCH AND 
DEVELOPMENT 
Sec. 201. Findings. 
Sec. 202. Definitions. 
Sec. 203. Objectives. 
Sec. 204. Modification of the Strategic Petroleum Reserve. 
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TITLE 
I—OFFSHORE 
LEASING 
AND OTHER ENERGY PROVI-
SIONS 
Subtitle A—Offshore Leasing 
SEC. 101. LEASING PROGRAM CONSIDERED APPROVED. 
(a) IN GENERAL.—The Draft Proposed Outer Conti-
nental Shelf Oil and Gas Leasing Program 2010–2015 
issued by the Secretary of the Interior (referred to in this 
section as the ‘‘Secretary’’) under section 18 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1344) is consid-
ered to have been approved by the Secretary as a final 
oil and gas leasing program under that section, and is con-
sidered to be in full compliance with and in accordance 
with all requirements of the Outer Continental Shelf 
Lands Act. 
(b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 
The Secretary is considered to have issued a final environ-
mental impact statement for the program described in 
subsection (a) in accordance with all requirements under 
section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)). 
(c) CORRECTION OF DATES.—The Secretary of the 
Interior shall update the dates and deadlines proscribed 
in the program described in subsection (a) to reflect the 
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(B) if the Secretary determines that there 
is a commercial interest described in subpara-
graph (A), conduct a lease sale in the planning 
area. 
(b) RENEWABLE ENERGY AND MARICULTURE.—The 
Secretary may conduct commercial lease sales of resources 
owned by the United States— 
(1) to produce renewable energy (as defined in 
section 203(b) of the Energy Policy Act of 2005 (42 
U.S.C. 15852(b))); or 
(2) to cultivate marine organisms in the natural 
habitat of the organisms. 
SEC. 103. SEAWARD BOUNDARIES OF STATES. 
(a) SEAWARD BOUNDARIES.—Section 4 of the Sub-
merged Lands Act (43 U.S.C. 1312) is amended by strik-
ing ‘‘three geographical miles’’ each place it appears and 
inserting ‘‘9 nautical miles’’. 
(b) CONFORMING AMENDMENTS.—Section 2 of the 
Submerged Lands Act (43 U.S.C. 1301) is amended— 
(1) in subsection (a)(2), by striking ‘‘three geo-
graphical miles’’ and inserting ‘‘9 nautical miles’’; 
and 
(2) in subsection (b)— 
(A) by striking ‘‘three geographical miles’’ 
and inserting ‘‘9 nautical miles’’; and 
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(B) by striking ‘‘three marine leagues’’ and 
inserting ‘‘9 nautical miles’’. 
(c) EFFECT OF AMENDMENTS.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
through (4), the amendments made by this section 
shall not affect Federal oil and gas mineral rights 
and should not affect the States’ current authority 
within existing State boundaries. 
(2) EXISTING LEASES.—The amendments made 
by this section shall not affect any Federal oil and 
gas lease in effect on the date of enactment of this 
Act. 
(3) TAXATION.— 
(A) IN GENERAL.—A State may exercise 
all of the sovereign powers of taxation of the 
State within the entire extent of the seaward 
boundaries of the State (as extended by the 
amendments made by this section). 
(B) LIMITATION.—Nothing in this para-
graph affects the authority of a State to tax 
any Federal oil and gas lease in effect on the 
date of enactment of this Act. 
SEC. 104. MILITARY OPERATIONS. 
The Secretary shall consult with the Secretary of De-
fense regarding military operations needs in the Outer 
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Continental Shelf. The Secretary shall work with the Sec-
retary of Defense to resolve any conflicts that might arise 
between such operations and leasing under this section. 
If the Secretaries are unable to resolve all such conflicts, 
any unresolved issues shall be referred by the Secretaries 
to the President in a timely fashion for immediate resolu-
tion. 
SEC. 105. COORDINATION WITH ADJACENT STATES. 
Section 19 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1345) is amended— 
(1) in subsection (a) in the first sentence by in-
serting ‘‘, for any tract located within the Adjacent 
State’s Adjacent Zone,’’ after ‘‘government’’; and 
(2) by adding the following: 
‘‘(f)(1) Prior to issuing a permit or approval for the 
construction of a pipeline to transport crude oil, natural 
gas or associated liquids production withdrawn from oil 
and gas leases on the outer Continental Shelf, a Federal 
agency must seek the concurrence of the Adjacent State 
if the pipeline is to transit the Adjacent State’s Adjacent 
Zone between the outer Continental Shelf and landfall. No 
State may prohibit construction of such a pipeline within 
its Adjacent Zone or its State waters. However, an Adja-
cent State may require routing of such a pipeline to one 
of two alternate landfall locations in the Adjacent State, 
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designated by the Adjacent State, located within 60 miles 
on either side of a proposed landfall location. 
‘‘(2) In this subsection: 
‘‘(A) The term ‘Adjacent State’ means, with re-
spect to any program, plan, lease sale, leased tract 
or other activity, proposed, conducted, or approved 
pursuant to the provisions of this Act, any State the 
laws of which are declared, pursuant to section 
4(a)(2), to be the law of the United States for the 
portion of the outer Continental Shelf on which such 
program, plan, lease sale, leased tract, or activity 
appertains or is, or is proposed to be, conducted. 
For purposes of this subparagraph, the term ‘State’ 
includes the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, 
the Virgin Islands, American Samoa, Guam, and the 
other territories of the United States. 
‘‘(B) The term ‘Adjacent Zone’ means, with re-
spect to any program, plan, lease sale, leased tract, 
or other activity, proposed, conducted, or approved 
pursuant to the provisions of this Act, the portion 
of the outer Continental Shelf for which the laws of 
a particular Adjacent State are declared, pursuant 
to section 4(a)(2), to be the law of the United 
States.’’. 
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SEC. 106. GULF OF MEXICO OIL AND GAS. 
(a) REPEAL.—Section 104 of division C of the Tax 
Relief and Health Care Act of 2006 (Public Law 109– 
432; 120 Stat. 3003) is repealed. 
(b) LEASING PLAN FOR THE EASTERN GULF OF 
MEXICO.—Pursuant to sections 101 and 102 of this Act, 
the Secretary of the Interior shall issue a final leasing plan 
for the Eastern Gulf of Mexico within 180 days after the 
date of enactment of this Act for all areas where there 
exists commercial interest in purchasing Federal oil and 
gas leases for production. 
SEC. 107. SHARING OF REVENUES. 
(a) IN GENERAL.—Section 8(g) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1337(g)) is amended— 
(1) in paragraph (2) by striking ‘‘Notwith-
standing’’ and inserting ‘‘Except as provided in 
paragraph (6), and notwithstanding’’; 
(2) by redesignating paragraphs (6) and (7) as 
paragraphs (8) and (9); and 
(3) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) BONUS
BIDS
AND
ROYALTIES
UNDER 
QUALIFIED LEASES.— 
‘‘(A) NEW LEASES.—Of amounts received 
by the United States as bonus bids, royalties, 
rentals, and other sums collected under any new 
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qualified lease on submerged lands made avail-
able for leasing under this Act by the enact-
ment of the Infrastructure Jobs and Energy 
Independence Act— 
‘‘(i) 30 percent shall be paid to the 
States that are producing States with re-
spect to those submerged lands that are lo-
cated within the seaward boundaries of 
such a State established under section 
4(a)(2)(A); 
‘‘(ii) 10 percent shall be deposited in 
the general fund of the Treasury used sole-
ly for paying off the national debt; and 
‘‘(iii) 60 percent shall be deposited in 
the Infrastructure Renewal Reserve estab-
lished by paragraph (7). 
‘‘(B) LEASED
TRACT
THAT
LIES
PAR-
TIALLY WITHIN THE SEAWARD BOUNDARIES OF 
A STATE.—In the case of a leased tract that lies 
partially within the seaward boundaries of a 
State, the amounts of bonus bids and royalties 
from such tract that are subject to subpara-
graph (A)(ii) with respect to such State shall be 
a percentage of the total amounts of bonus bids 
and royalties from such tract that is equivalent 
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to the total percentage of surface acreage of the 
tract that lies within such seaward boundaries. 
‘‘(C) USE
OF
PAYMENTS
TO
STATES.— 
Amounts paid to a State under subparagraph 
(A)(ii) shall be used by the State for one or 
more of the following: 
‘‘(i) Education. 
‘‘(ii) Transportation. 
‘‘(iii) Coastal restoration, environ-
mental restoration, and beach replenish-
ment. 
‘‘(iv) Energy infrastructure. 
‘‘(v) Renewable energy development. 
‘‘(vi) Energy efficiency and conserva-
tion. 
‘‘(vii) Any other purpose determined 
by State law. 
‘‘(D) DEFINITIONS.—In this paragraph: 
‘‘(i) ADJACENT
STATE.—The term 
‘Adjacent State’ means, with respect to 
any program, plan, lease sale, leased tract 
or other activity, proposed, conducted, or 
approved pursuant to the provisions of this 
Act, any State the laws of which are de-
clared, pursuant to section 4(a)(2), to be 
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the law of the United States for the por-
tion of the outer Continental Shelf on 
which such program, plan, lease sale, 
leased tract, or activity appertains or is, or 
is proposed to be, conducted. 
‘‘(ii) ADJACENT
ZONE.—The term 
‘Adjacent Zone’ means, with respect to any 
program, plan, lease sale, leased tract, or 
other activity, proposed, conducted, or ap-
proved pursuant to the provisions of this 
Act, the portion of the outer Continental 
Shelf for which the laws of a particular 
Adjacent State are declared, pursuant to 
section 4(a)(2), to be the law of the United 
States. 
‘‘(iii) PRODUCING STATE.—The term 
‘producing State’ means an Adjacent State 
having an Adjacent Zone containing leased 
tracts from which are derived bonus bids 
and royalties under a lease under this Act. 
‘‘(iv) STATE.—The term ‘State’ in-
cludes Puerto Rico and the other terri-
tories of the United States. 
‘‘(v) QUALIFIED
LEASE.—The term 
‘qualified lease’ means a natural gas or oil 
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lease made available under this Act grant-
ed after the date of the enactment of the 
Infrastructure Jobs and Energy Independ-
ence Act, for an area that is available for 
leasing as a result of enactment of section 
101 of that Act. 
‘‘(E) APPLICATION.—This paragraph shall 
apply to bonus bids and royalties received by 
the United States under qualified leases after 
implementation of sections 105 and 106 of the 
Infrastructure Jobs and Energy Independence 
Act. 
‘‘(F) EXISTING REVENUES.—All revenues 
including revenues, including bonus bids, royal-
ties, rentals, and other sums, collected from 
leases issued under this Act prior to the enact-
ment Infrastructure Jobs and Energy Inde-
pendence Act, shall not be affected by the provi-
sions of that Act. 
‘‘(7) 
ESTABLISHMENT
OF
RESERVE
AC-
COUNTS.— 
‘‘(A) IN
GENERAL.—For budgetary pur-
poses, there is established as a separate account 
to receive deposits under paragraph (6)(A)— 
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‘‘(i) the Infrastructure Renewal Re-
serve which shall be applied to offset the 
costs of— 
‘‘(I) Federal-aid highway and 
highway safety construction programs 
carried out by the Secretary of Trans-
portation; 
‘‘(II) public transportation pro-
grams carried out by the Secretary of 
Transportation; 
‘‘(III) water resources develop-
ment construction projects carried out 
by the Secretary of the Army (acting 
through the Chief of Engineers); and 
‘‘(IV) legislation enacted after 
the date of the enactment of the In-
frastructure Jobs and Energy Inde-
pendence Act for purposes of invest-
ment in transportation infrastructure; 
and 
‘‘(ii) the Clean Water Reserve, to 
first, offset the cost of construction pro-
grams under the Clean Water Act or the 
1996 Amendments to the Safe Drinking 
Water Act that provide assistance, such as 
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grants, matching grants, and no- and low- 
interest loans, to State, county, and local 
governments to rebuild and modernize 
clean water and sewage infrastructure. 
‘‘(B) DEPOSIT OF BALANCE FROM SPR PE-
TROLEUM
ACCOUNT.—In addition to deposits 
under paragraph (6)(A), the Secretary shall 
transfer to the Infrastructure Renewal Reserve 
the balance of funds in the SPR Petroleum Ac-
count on the date of enactment of this Act in 
excess of $10,000,000. 
‘‘(C) PROCEDURE FOR ADJUSTMENTS.— 
‘‘(i) 
BUDGET
COMMITTEE
CHAIR-
MAN.—After the reporting of a bill or joint 
resolution, or the offering of an amend-
ment thereto or the submission of a con-
ference report thereon, providing funding 
for the purposes set forth in clause (i) or 
(ii) of subparagraph (A) in excess of the 
sum of amount of the deposits under para-
graph (6)(A) for those purposes for fiscal 
year 2013 and funds deposited under sub-
paragraph (B) of this paragraph, the 
chairman of the Committee on the Budget 
of the applicable House of Congress shall 
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make the adjustments set forth in clause 
(ii) for the amount of new budget author-
ity and outlays in that measure and the 
outlays flowing from that budget authority. 
‘‘(ii) MATTERS TO BE ADJUSTED.— 
The adjustments referred to in clause (i) 
are to be made to— 
‘‘(I) the discretionary spending 
limits, if any, set forth in the appro-
priate concurrent resolution on the 
budget; 
‘‘(II) the allocations made pursu-
ant to the appropriate concurrent res-
olution on the budget pursuant to sec-
tion 302(a) of the Congressional 
Budget Act of 1974; and 
‘‘(III) the budget aggregates con-
tained in the appropriate concurrent 
resolution on the budget as required 
by section 301(a) of the Congressional 
Budget Act of 1974. 
‘‘(iii) AMOUNTS OF ADJUSTMENTS.— 
The adjustments referred to in clauses (i) 
and (ii) shall not exceed the receipts esti-
mated by the Congressional Budget Office 
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