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H.R. 4348 (112th): MAP-21

The text of the bill below is as of Apr 16, 2012 (Introduced).


I

112th CONGRESS

2d Session

H. R. 4348

IN THE HOUSE OF REPRESENTATIVES

April 16, 2012

(for himself, Mr. Camp, and Mr. Terry) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Natural Resources, Science, Space, and Technology, and Energy and Commerce, 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 provide an extension of Federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a multiyear law reauthorizing such programs, and for other purposes.

1.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Table of contents.

Title I—Surface Transportation Extension

Sec. 101. Short title.

Subtitle A—Federal-Aid Highways

Sec. 111. Extension of Federal-aid highway programs.

Subtitle B—Extension of Highway Safety Programs

Sec. 121. Extension of National Highway Traffic Safety Administration highway safety programs.

Sec. 122. Extension of Federal Motor Carrier Safety Administration programs.

Sec. 123. Additional programs.

Subtitle C—Public Transportation Programs

Sec. 131. Allocation of funds for planning programs.

Sec. 132. Special rule for urbanized area formula grants.

Sec. 133. Allocating amounts for capital investment grants.

Sec. 134. Apportionment of formula grants for other than urbanized areas.

Sec. 135. Apportionment based on fixed guideway factors.

Sec. 136. Authorizations for public transportation.

Sec. 137. Amendments to SAFETEA–LU.

Subtitle D—Highway Trust Fund Extension

Sec. 141. Extension of highway-related taxes.

Sec. 142. Extension of trust fund expenditure authority.

Title II—Keystone XL pipeline

Sec. 201. Short title.

Sec. 202. Restriction.

Sec. 203. Permit.

Sec. 204. Relation to other law.

Title III—RESTORE Act

Sec. 301. Short title.

Sec. 302. Gulf Coast Restoration Trust Fund.

I

Surface Transportation Extension

101.

Short title

This title may be cited as the Surface Transportation Extension Act of 2012, Part II.

A

Federal-Aid Highways

111.

Extension of Federal-aid highway programs

(a)

In general

Section 111 of the Surface Transportation Extension Act of 2011, Part II (Public Law 112–30; 125 Stat. 343) is amended—

(1)

by striking the period beginning on October 1, 2011, and ending on June 30, 2012, each place it appears and inserting fiscal year 2012;

(2)

by striking 3/4 of each place it appears; and

(3)

in subsection (a) by striking June 30, 2012 and inserting September 30, 2012 .

(b)

Use of funds

Section 111(c) of the Surface Transportation Extension Act of 2011, Part II (125 Stat. 343) is amended—

(1)

in paragraph (3)—

(A)

in subparagraph (A) by striking , except that during such period and all that follows before the period at the end; and

(B)

in subparagraph (B)(ii) by striking $479,250,000 and inserting $639,000,000; and

(2)

by striking paragraph (4).

(c)

Extension of authorizations under title V of SAFETEA–LU

Section 111(e)(2) of the Surface Transportation Extension Act of 2011, Part II (125 Stat. 343) is amended by striking the period beginning on October 1, 2011, and ending on June 30, 2012. and inserting fiscal year 2012..

(d)

Administrative expenses

Section 112(a) of the Surface Transportation Extension Act of 2011, Part II (125 Stat. 346) is amended by striking $294,641,438 for the period beginning on October 1, 2011, and ending on June 30, 2012. and inserting $392,855,250 for fiscal year 2012..

B

Extension of Highway Safety Programs

121.

Extension of National Highway Traffic Safety Administration highway safety programs

(a)

Chapter 4 highway safety programs

Section 2001(a)(1) of SAFETEA–LU (119 Stat. 1519) is amended by striking $235,000,000 for each of fiscal years 2009 through 2011 and all that follows through the period at the end and inserting and $235,000,000 for each of fiscal years 2009 through 2012..

(b)

Highway safety research and development

Section 2001(a)(2) of SAFETEA–LU (119 Stat. 1519) is amended by striking and $81,183,000 for the period beginning on October 1, 2011, and ending on June 30, 2012. and inserting and $105,500,000 for fiscal year 2012..

(c)

Occupant protection incentive grants

Section 2001(a)(3) of SAFETEA–LU (119 Stat. 1519) is amended by striking , $25,000,000 for each of fiscal years 2006 through 2011 and all that follows through the period at the end and inserting and $25,000,000 for each of fiscal years 2006 through 2012..

(d)

Safety belt performance grants

Section 2001(a)(4) of SAFETEA–LU (119 Stat. 1519) is amended by striking and $36,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012. and inserting and $48,500,000 for fiscal year 2012..

(e)

State traffic safety information system improvements

Section 2001(a)(5) of SAFETEA–LU (119 Stat. 1519) is amended by striking for each of fiscal years 2006 through 2011 and all that follows through the period at the end and inserting for each of fiscal years 2006 through 2012..

(f)

Alcohol-Impaired driving countermeasures incentive grant program

Section 2001(a)(6) of SAFETEA–LU (119 Stat. 1519) is amended by striking $139,000,000 for each of fiscal years fiscal years 2009 through 2011 and all that follows through the period at the end and inserting and $139,000,000 for each of fiscal years 2009 through 2012..

(g)

National driver register

Section 2001(a)(7) of SAFETEA–LU (119 Stat. 1520) is amended by striking and $3,087,000 for the period beginning on October 1, 2011, and ending on June 30, 2012. and inserting and $4,000,000 for fiscal year 2012..

(h)

High visibility enforcement program

Section 2001(a)(8) of SAFETEA–LU (119 Stat. 1520) is amended by striking for each of fiscal years 2006 through 2011 and all that follows through the period at the end and inserting for each of fiscal years 2006 through 2012..

(i)

Motorcyclist safety

Section 2001(a)(9) of SAFETEA–LU (119 Stat. 1520) is amended by striking $7,000,000 for each of fiscal years 2009 through 2011 and all that follows through the period at the end and inserting and $7,000,000 for each of fiscal years 2009 through 2012..

(j)

Child safety and child booster seat safety incentive grants

Section 2001(a)(10) of SAFETEA–LU (119 Stat. 1520) is amended by striking $7,000,000 for each of fiscal years 2009 through 2011 and all that follows through the period at the end and inserting and $7,000,000 for each of fiscal years 2009 through 2012..

(k)

Administrative expenses

Section 2001(a)(11) of SAFETEA–LU (119 Stat. 1520) is amended by striking $25,328,000 for fiscal year 2011 and all that follows through the period at the end and inserting and $25,328,000 for each of fiscal years 2011 and 2012..

122.

Extension of Federal Motor Carrier Safety Administration programs

(a)

Motor carrier safety grants

Section 31104(a)(8) of title 49, United States Code, is amended to read as follows:

(8)

$212,000,000 for fiscal year 2012.

.

(b)

Administrative expenses

(1)

In general

Section 31104(i)(1)(H) of title 49, United States Code, is amended to read as follows:

(H)

$244,144,000 for fiscal year 2012.

.

(2)

Technical correction

Section 31104(i)(1)(F) of title 49, United States Code, is amended to read as follows:

(F)

$239,828,000 for fiscal year 2010;

.

(c)

Grant programs

Section 4101(c) of SAFETEA–LU (119 Stat. 1715) is amended—

(1)

in paragraph (1) by striking and $22,500,000 for the period beginning on October 1, 2011, and ending on June 30, 2012. and inserting and $30,000,000 for fiscal year 2012.;

(2)

in paragraph (2) by striking 2011 and $24,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012. and inserting 2012.;

(3)

in paragraph (3) by striking 2011 and $3,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012. and inserting 2012.;

(4)

in paragraph (4) by striking 2011 and $18,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012. and inserting 2012.; and

(5)

in paragraph (5) by striking 2011 and $2,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012. and inserting 2012..

(d)

High-Priority activities

Section 31104(k)(2) of title 49, United States Code, is amended by striking 2011 and $11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting 2012.

(e)

New entrant audits

Section 31144(g)(5)(B) of title 49, United States Code, is amended by striking and up to $21,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,.

(f)

Outreach and education

Section 4127(e) of SAFETEA–LU (119 Stat. 1741) is amended by striking and 2011 (and $750,000 to the Federal Motor Carrier Safety Administration, and $2,250,000 to the National Highway Traffic Safety Administration, for the period beginning on October 1, 2011, and ending on June 30, 2012) and inserting 2011, and 2012.

(g)

Grant program for commercial motor vehicle operators

Section 4134(c) of SAFETEA–LU (119 Stat. 1744) is amended by striking 2011 and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting 2012.

(h)

Motor carrier safety advisory committee

Section 4144(d) of SAFETEA–LU (119 Stat. 1748) is amended by striking June 30, 2012 and inserting September 30, 2012.

(i)

Working group for development of practices and procedures To enhance Federal-State relations

Section 4213(d) of SAFETEA–LU (49 U.S.C. 14710 note; 119 Stat. 1759) is amended by striking June 30, 2012 and inserting September 30, 2012.

123.

Additional programs

(a)

Hazardous Materials Research Projects

Section 7131(c) of SAFETEA–LU (119 Stat. 1910) is amended by striking and $870,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting and $1,160,000 for fiscal year 2012.

(b)

Dingell-Johnson Sport Fish Restoration Act

Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended—

(1)

in subsection (a) by striking 2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting 2012,; and

(2)

in the first sentence of subsection (b)(1)(A) by striking 2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting 2012,.

C

Public Transportation Programs

131.

Allocation of funds for planning programs

Section 5305(g) of title 49, United States Code, is amended by striking 2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012 and inserting 2012 .

132.

Special rule for urbanized area formula grants

Section 5307(b)(2) of title 49, United States Code, is amended—

(1)

by striking the paragraph heading and inserting Special rule for fiscal years 2005 through 2012.—;

(2)

in subparagraph (A) by striking 2011 and the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting 2012,; and

(3)

in subparagraph (E)—

(A)

by striking the subparagraph heading and inserting Maximum amounts in fiscal years 2008 through 2012.—; and

(B)

in the matter preceding clause (i) by striking 2011 and during the period beginning on October 1, 2011, and ending on June 30, 2012 and inserting 2012.

133.

Allocating amounts for capital investment grants

Section 5309(m) of title 49, United States Code, is amended—

(1)

in paragraph (2)—

(A)

by striking the paragraph heading and inserting Fiscal years 2006 through 2012.—;

(B)

in the matter preceding subparagraph (A) by striking 2011 and the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting 2012; and

(C)

in subparagraph (A)(i) by striking 2011 and $150,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting 2012;

(2)

in paragraph (6)—

(A)

in subparagraph (B) by striking 2011 and $11,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting 2012; and

(B)

in subparagraph (C) by striking though 2011 and $3,750,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting through 2012; and

(3)

in paragraph (7)—

(A)

in subparagraph (A)—

(i)

in the matter preceding clause (i)—

(I)

in the first sentence by striking 2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting 2012; and

(II)

in the second sentence by inserting each fiscal year before the colon;

(ii)

in clause (i) by striking for each fiscal year and $1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,;

(iii)

in clause (ii) by striking for each fiscal year and $1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,;

(iv)

in clause (iii) by striking for each fiscal year and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,;

(v)

in clause (iv) by striking for each fiscal year and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,;

(vi)

in clause (v) by striking for each fiscal year and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,;

(vii)

in clause (vi) by striking for each fiscal year and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,;

(viii)

in clause (vii) by striking for each fiscal year and $487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,; and

(ix)

in clause (viii) by striking for each fiscal year and $262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,;

(B)

in subparagraph (B) by striking clause (vii) and inserting the following:

(vii)

$13,500,000 for fiscal year 2012.

;

(C)

in subparagraph (C) by striking and during the period beginning on October 1, 2011, and ending on June 30, 2012,;

(D)

in subparagraph (D) by striking and not less than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,; and

(E)

in subparagraph (E) by striking and $2,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,.

134.

Apportionment of formula grants for other than urbanized areas

Section 5311(c)(1)(G) of title 49, United States Code, is amended to read as follows:

(G)

$15,000,000 for fiscal year 2012.

.

135.

Apportionment based on fixed guideway factors

Section 5337 of title 49, United States Code, is amended by striking subsection (g).

136.

Authorizations for public transportation

(a)

Formula and bus grants

Section 5338(b) of title 49, United States Code, is amended—

(1)

in paragraph (1) by striking subparagraph (G) and inserting the following:

(G)

$8,360,565,000 for fiscal year 2012.

; and

(2)

in paragraph (2)—

(A)

in subparagraph (A) by striking $113,500,000 for each of fiscal years 2009 through 2011, and $85,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting and $113,500,000 for each of fiscal years 2009 through 2012;

(B)

in subparagraph (B) by striking $4,160,365,000 for each of fiscal years 2009 through 2011, and $3,120,273,750 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting and $4,160,365,000 for each of fiscal years 2009 through 2012;

(C)

in subparagraph (C) by striking $51,500,000 for each of fiscal years 2009 through 2011, and $38,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting and $51,500,000 for each of fiscal years 2009 through 2012;

(D)

in subparagraph (D) by striking $1,666,500,000 for each of fiscal years 2009 through 2011, and $1,249,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting and $1,666,500,000 for each of fiscal years 2009 through 2012;

(E)

in subparagraph (E) by striking $984,000,000 for each of fiscal years 2009 through 2011, and $738,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting and $984,000,000 for each of fiscal years 2009 through 2012;

(F)

in subparagraph (F) by striking $133,500,000 for each of fiscal years 2009 through 2011, and $100,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting and $133,500,000 for each of fiscal years 2009 through 2012;

(G)

in subparagraph (G) by striking $465,000,000 for each of fiscal years 2009 through 2011, and $348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting and $465,000,000 for each of fiscal years 2009 through 2012;

(H)

in subparagraph (H) by striking $164,500,000 for each of fiscal years 2009 through 2011, and $123,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting and $164,500,000 for each of fiscal years 2009 through 2012;

(I)

in subparagraph (I) by striking $92,500,000 for each of fiscal years 2009 through 2011, and $69,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting and $92,500,000 for each of fiscal years 2009 through 2012;

(J)

in subparagraph (J) by striking $26,900,000 for each of fiscal years 2009 through 2011, and $20,175,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting and $26,900,000 for each of fiscal years 2009 through 2012;

(K)

in subparagraph (K) by striking for each of fiscal years 2006 through 2011 and $2,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting for each of fiscal years 2006 through 2012;

(L)

in subparagraph (L) by striking for each of fiscal years 2006 through 2011 and $18,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting for each of fiscal years 2006 through 2012;

(M)

in subparagraph (M) by striking $465,000,000 for each of fiscal years 2009 through 2011, and $348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting and $465,000,000 for each of fiscal years 2009 through 2012; and

(N)

in subparagraph (N) by striking $8,800,000 for each of fiscal years 2009 through 2011, and $6,600,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting and $8,800,000 for each of fiscal years 2009 through 2012.

(b)

Capital investment grants

Section 5338(c)(7) of title 49, United States Code, is amended to read as follows:

(7)

$1,955,000,000 for fiscal year 2012.

.

(c)

Research and university research centers

Section 5338(d) of title 49, United States Code, is amended—

(1)

in paragraph (1), in the matter preceding subparagraph (A), by striking through 2011, and $33,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting through 2011, and $44,000,000 for fiscal year 2012,; and

(2)

by striking paragraph (3) and inserting the following:

(3)

Additional authorizations

(A)

Research

Of amounts authorized to be appropriated under paragraph (1) for fiscal year 2012, the Secretary shall allocate for each of the activities and projects described in subparagraphs (A) through (F) of paragraph (1) an amount equal to 63 percent of the amount allocated for fiscal year 2009 under each such subparagraph.

(B)

University centers program

(i)

Fiscal year 2012

Of the amounts allocated under subparagraph (A)(i) for the university centers program under section 5506 for fiscal year 2012, the Secretary shall allocate for each program described in clauses (i) through (iii) and (v) through (viii) of paragraph (2)(A) an amount equal to 63 percent of the amount allocated for fiscal year 2009 under each such clause.

(ii)

Funding

If the Secretary determines that a project or activity described in paragraph (2) received sufficient funds in fiscal year 2011, or a previous fiscal year, to carry out the purpose for which the project or activity was authorized, the Secretary may not allocate any amounts under clause (i) for the project or activity for fiscal year 2012 or any subsequent fiscal year.

.

(d)

Administration

Section 5338(e)(7) of title 49, United States Code, is amended to read as follows:

(7)

$98,713,000 for fiscal year 2012.

.

137.

Amendments to SAFETEA–LU

(a)

Contracted paratransit pilot

Section 3009(i)(1) of SAFETEA–LU (119 Stat. 1572) is amended by striking 2011 and the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting 2012,.

(b)

Public-Private partnership pilot program

Section 3011 of SAFETEA–LU (49 U.S.C. 5309 note; 119 Stat. 1588) is amended—

(1)

in subsection (c)(5) by striking 2011 and the period beginning on October 1, 2011, and ending on June 30, 2012 and inserting 2012; and

(2)

in the second sentence of subsection (d) by striking 2011 and the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting 2012.

(c)

Elderly individuals and individuals with disabilities pilot program

Section 3012(b)(8) of SAFETEA–LU (49 U.S.C. 5310 note; 119 Stat. 1593) is amended by striking June 30, 2012 and inserting September 30, 2012.

(d)

Obligation ceiling

Section 3040(8) of SAFETEA–LU (119 Stat. 1639) is amended to read as follows:

(8)

$10,458,278,000 for fiscal year 2012, of which not more than $8,360,565,000 shall be from the Mass Transit Account.

.

(e)

Project authorizations for new fixed guideway capital projects

Section 3043 of SAFETEA–LU (119 Stat. 1640) is amended—

(1)

in subsection (b), in the matter preceding paragraph (1), by striking 2011 and the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting 2012; and

(2)

in subsection (c), in the matter preceding paragraph (1), by striking 2011 and the period beginning on October 1, 2011, and ending on June 30, 2012, and inserting 2012.

(f)

Allocations for national research and technology programs

Section 3046 of SAFETEA–LU (49 U.S.C. 5338 note; 119 Stat. 1706) is amended—

(1)

in subsection (b) by striking fiscal year or period and inserting fiscal year; and

(2)

by striking subsection (c)(2) and inserting the following:

(2)

for fiscal year 2012, in amounts equal to 63 percent of the amounts allocated for fiscal year 2009 under each of paragraphs (2), (3), (5), and (8) through (25) of subsection (a).

.

D

Highway Trust Fund Extension

141.

Extension of highway-related taxes

(a)

In general

(1)

Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking June 30, 2012 and inserting September 30, 2012:

(A)

Section 4041(a)(1)(C)(iii)(I).

(B)

Section 4041(m)(1)(B).

(C)

Section 4081(d)(1).

(2)

Each of the following provisions of such Code is amended by striking July 1, 2012 and inserting October 1, 2012:

(A)

Section 4041(m)(1)(A).

(B)

Section 4051(c).

(C)

Section 4071(d).

(D)

Section 4081(d)(3).

(b)

Floor stocks refunds

Section 6412(a)(1) of such Code is amended—

(1)

by striking July 1, 2012 each place it appears and inserting October 1, 2012;

(2)

by striking December 31, 2012 each place it appears and inserting March 31, 2013; and

(3)

by striking October 1, 2012 and inserting January 1, 2013.

(c)

Extension of certain exemptions

Sections 4221(a) and 4483(i) of such Code are each amended by striking July 1, 2012 and inserting October 1, 2012.

(d)

Extension of transfers of certain taxes

(1)

In general

Section 9503 of such Code is amended—

(A)

in subsection (b)—

(i)

by striking July 1, 2012 each place it appears in paragraphs (1) and (2) and inserting October 1, 2012;

(ii)

by striking July 1, 2012 in the heading of paragraph (2) and inserting October 1, 2012;

(iii)

by striking June 30, 2012 in paragraph (2) and inserting September 30, 2012; and

(iv)

by striking April 1, 2013 in paragraph (2) and inserting July 1, 2013; and

(B)

in subsection (c)(2), by striking April 1, 2013 and inserting July 1, 2013.

(2)

Motorboat and small-engine fuel tax transfers

(A)

In general

Paragraphs (3)(A)(i) and (4)(A) of section 9503(c) of such Code are each amended by striking July 1, 2012 and inserting October 1, 2012.

(B)

Conforming amendments to land and water conservation fund

Section 201(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–11(b)) is amended—

(i)

by striking July 1, 2013 each place it appears and inserting October 1, 2013; and

(ii)

by striking July 1, 2012 and inserting October 1, 2012.

(e)

Technical correction

Paragraph (4) of section 4482(c) of such Code is amended to read as follows:

(4)

Taxable period

The term taxable period means any year beginning before July 1, 2013, and the period which begins on July 1, 2013, and ends at the close of September 30, 2013.

.

(f)

Effective date

(1)

In general

Except as provided in paragraph (2), the amendments made by this section shall take effect on July 1, 2012.

(2)

Technical correction

The amendment made by subsection (e) shall take effect as if included in section 402 of the Surface Transportation Extension Act of 2012.

142.

Extension of trust fund expenditure authority

(a)

Highway Trust Fund

Section 9503 of the Internal Revenue Code of 1986 is amended—

(1)

by striking July 1, 2012 in subsections (b)(6)(B), (c)(1), and (e)(3) and inserting October 1, 2012; and

(2)

by striking Surface Transportation Extension Act of 2012 in subsections (c)(1) and (e)(3) and inserting Surface Transportation Extension Act of 2012, Part II.

(b)

Sport Fish Restoration and Boating Trust Fund

Section 9504 of such Code is amended—

(1)

by striking Surface Transportation Extension Act of 2012 each place it appears in subsection (b)(2) and inserting Surface Transportation Extension Act of 2012, Part II; and

(2)

by striking July 1, 2012 in subsection (d)(2) and inserting October 1, 2012.

(c)

Leaking Underground Storage Tank Trust Fund

Paragraph (2) of section 9508(e) of such Code is amended by striking July 1, 2012 and inserting October 1, 2012.

(d)

Effective date

The amendments made by this section shall take effect on July 1, 2012.

II

Keystone XL pipeline

201.

Short title

This title may be cited as the North American Energy Access Act.

202.

Restriction

(a)

In general

No person may construct, operate, or maintain the oil pipeline and related facilities described in subsection (b) except in accordance with a permit issued under this title.

(b)

Pipeline

The pipeline and related facilities referred to in subsection (a) are those described in the Final Environmental Impact Statement for the Keystone XL Pipeline Project issued by the Department of State on August 26, 2011, including any modified version of that pipeline and related facilities.

203.

Permit

(a)

Issuance

(1)

By FERC

The Federal Energy Regulatory Commission shall, not later than 30 days after receipt of an application therefor, issue a permit without additional conditions for the construction, operation, and maintenance of the oil pipeline and related facilities described in section 202(b), to be implemented in accordance with the terms of the Final Environmental Impact Statement described in section 202(b). The Commission shall not be required to prepare a Record of Decision under section 1505.2 of title 40 of the Code of Federal Regulations with respect to issuance of the permit provided for in this section.

(2)

Issuance in absence of FERC action

If the Federal Energy Regulatory Commission has not acted on an application for a permit described in paragraph (1) within 30 days after receiving such application, the permit shall be deemed to have been issued under this title upon the expiration of such 30-day period.

(b)

Modification

(1)

In general

The applicant for or holder of a permit described in subsection (a) may make a substantial modification to the pipeline route or any other term of the Final Environmental Impact Statement described in section 202(b) only with the approval of the Federal Energy Regulatory Commission. The Commission shall expedite consideration of any such modification proposal.

(2)

Nebraska modification

Within 30 days after the date of enactment of this Act, the Federal Energy Regulatory Commission shall enter into a memorandum of understanding with the State of Nebraska for an effective and timely review under the National Environmental Policy Act of 1969 of any modification to the proposed pipeline route in Nebraska as proposed by the applicant for the permit described in subsection (a). Not later than 30 days after receiving approval of such proposed modification from the Governor of Nebraska, the Commission shall complete consideration of and approve such modification.

(3)

Issuance in absence of FERC action

If the Federal Energy Regulatory Commission has not acted on an application for approval of a modification described in paragraph (2) within 30 days after receiving such application, such modification shall be deemed to have been issued under this title upon expiration of the 30-day period.

(4)

Construction during consideration of Nebraska modification

While any modification of the proposed pipeline route in Nebraska is under consideration pursuant to paragraph (2), the holder of the permit issued under subsection (a) may commence or continue with construction of any portion of the pipeline and related facilities described in section 202(b) that is not within the State of Nebraska.

(c)

National Environmental Policy Act of 1969

Except for actions taken under subsection (b)(1), the actions taken pursuant to this title shall be taken without further action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

204.

Relation to other law

(a)

General rule

Notwithstanding Executive Order 13337 (3 U.S.C. 301 note), Executive Order 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 permits shall be required for the construction, operation, and maintenance of the pipeline and related facilities described in section 202(b) of this Act.

(b)

Applicability

Nothing in this title shall affect the application to the pipeline and related facilities described in section 202(b) of—

(1)

chapter 601 of title 49, United States Code; or

(2)

the authority of the Federal Energy Regulatory Commission to regulate oil pipeline rates and services.

(c)

Final environmental impact statement

The final environmental impact statement issued by the Secretary of State on August 26, 2011, shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

III

RESTORE Act

301.

Short title

This title may be cited as the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012.

302.

Gulf Coast Restoration Trust Fund

(a)

Establishment

There is established in the Treasury of the United States a trust fund to be known as the Gulf Coast Restoration Trust Fund (referred to in this section as the Trust Fund), consisting of such amounts as are deposited in the Trust Fund under this section or any other provision of law.

(b)

Transfers

The Secretary of the Treasury shall deposit in the Trust Fund an amount equal to 80 percent of all administrative and civil penalties paid by responsible parties after the date of enactment of this title in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon pursuant to a court order, negotiated settlement, or other instrument in accordance with section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321).

(c)

Expenditures

Amounts in the Trust Fund, including interest earned on advances to the Trust Fund and proceeds from investment under subsection (d), shall be available, pursuant to a future Act of Congress enacted after the date of enactment of this Act—

(1)

for expenditure to restore the Gulf Coast region from the Deepwater Horizon oil spill for undertaking projects and programs in the Gulf Coast region that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast region; and

(2)

solely to Gulf Coast States and coastal political subdivisions to restore the ecosystems and economy of the Gulf Coast region.

(d)

Investment

Amounts in the Trust Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be available for expenditure in accordance with this section.

(e)

Definitions

In this section:

(1)

Coastal political subdivision

The term coastal political subdivision means any local political jurisdiction that is immediately below the State level of government, including a county, parish, or borough, with a coastline that is contiguous with any portion of the United States Gulf of Mexico.

(2)

Deepwater Horizon oil spill

The term Deepwater Horizon oil spill means the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment.

(3)

Gulf Coast region

The term Gulf Coast region means—

(A)

in the Gulf Coast States, the coastal zones (as that term is defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) that border the Gulf of Mexico;

(B)

any adjacent land, water, and watersheds, that are within 25 miles of those coastal zones of the Gulf Coast States; and

(C)

all Federal waters in the Gulf of Mexico.

(4)

Gulf Coast State

The term Gulf Coast State means any of the States of Alabama, Florida, Louisiana, Mississippi, and Texas.