IN THE SENATE OF THE UNITED STATES
February 27, 2013
Mr. Vitter(for himself,Mr. Barrasso,Mr. Blunt,Mr. Chambliss,Mr. Coats,Mr. Cochran,Mr. Cornyn,Mr. Crapo,Mr. Cruz,Mr. Enzi,Mr. Heller,Mr. Hoeven,Mr. Inhofe,Mr. Isakson,Mr. Johnson of Wisconsin,Mr. Risch,Mr. Shelby,Mr. Toomey,Mr. Wicker,Mr. Sessions,Mr. Lee, andMr. Johanns) introduced the following bill; which was read twice and referred to theCommittee on Energy and Natural Resources
To stimulate the economy, produce domestic energy, and create jobs at no cost to the taxpayers, and without borrowing money from foreign governments for which our children and grandchildren will be responsible, and for other purposes.
Short title; table of contents
This Act may be cited as the
Energy Production and Project Delivery
Act of 2013
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—Outer Continental Shelf leasing
Sec. 101. Extension of leasing program.
Sec. 102. Lease sales.
Sec. 103. Applications for permits to drill.
Sec. 104. Lease sales for certain areas.
Sec. 105. Disposition of revenues.
TITLE II—Leasing program for land within Coastal Plain
Sec. 201. Definitions.
Sec. 202. Leasing program for lands within the Coastal Plain.
Sec. 203. Lease sales.
Sec. 204. Grant of leases by the Secretary.
Sec. 205. Lease terms and conditions.
Sec. 206. Policies regarding buying, building, and working for America.
Sec. 207. Coastal Plain environmental protection.
Sec. 208. Expedited judicial review.
Sec. 209. Treatment of revenues.
Sec. 210. Rights-of-way across the Coastal Plain.
Sec. 211. Conveyance.
TITLE III—Regulatory streamlining
Sec. 301. Jurisdiction over covered energy projects.
Sec. 302. Environmental legal fees.
Sec. 303. Master leasing plans.
Sec. 304. National monuments.
Sec. 305. Carbon dioxide and other greenhouse gas emissions reductions in China, India, and Russia.
Sec. 306. Employment effects of actions under Clean Air Act.
Sec. 307. Endangered species.
Sec. 308. Central Valley Project.
Sec. 309. Keystone XL permit approval.
Sec. 310. Drakes Bay Oyster Company.
Outer Continental Shelf leasing
Extension of leasing program
Subject tosubsection (c), the Draft
Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015 issued
by theSecretary of the Interior(referred to in this section as the
section 18 of the Outer Continental Shelf Lands
Act(43 U.S.C. 1344)shall be considered to be the final oil and gas leasing
program under that section for the period of fiscal years 2013 through
Final environmental impact statement
TheSecretaryis considered to have issued a final environmental impact statement for the program applicable to the period described insubsection (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)).
Lease Sales 214, 232, and 239 shall not be included in the final oil and gas leasing program for the period of fiscal years 2013 through 2018.
Eastern Gulf of Mexico not included
Except as otherwise provided in this
section, not later than 180 days after the date of enactment of this Act and
every 270 days thereafter, theSecretary of the Interior(referred to in this
section as the
Secretary) shall conduct a lease sale in each
outer Continental Shelf planning area for which theSecretarydetermines that
there is a commercial interest in purchasing Federal oil and gas leases for
production on the outer Continental Shelf.
Subsequent determinations and sales
If theSecretarydetermines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this section, not later than 2 years after the date of enactment of the determination and every 2 years thereafter, theSecretaryshall—
determine whether there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; and
if theSecretarydetermines that there is a commercial interest described insubsection (a), conduct a lease sale in the planning area.
Exclusion from 5-Year lease program
If a planning area for which there is a commercial interest described insubsection (a)was not included in a 5-year lease program, theSecretaryshall include leasing in the planning area in the subsequent 5-year lease program.
If a person petitions theSecretaryto conduct a lease sale for an outer Continental Shelf planning area in which the person has a commercial interest, theSecretaryshall conduct a lease sale for the area in accordance withsubsection (a).
Applications for permits to drill
Section 5 of the Outer Continental Shelf Lands Act(43 U.S.C. 1334)is amended by adding at the end the following:
Applications for permits To drill
Subject toparagraph (2), theSecretaryshall approve or disapprove an application for a permit to drill submitted under this Act not later than 20 days after the date the application is submitted to theSecretary.
If theSecretarydisapproves an application for a permit to drill submitted underparagraph (1), theSecretaryshall—
provide to the applicant a description of the reasons for the disapproval of the application;
allow the applicant to resubmit an application during the 10-day period beginning on the date of the receipt of the description by the applicant; and
approve or disapprove any resubmitted application not later than 10 days after the date the application is submitted to theSecretary.
Lease sales for certain areas
As soon as practicable but not later than 1 year after the date of enactment of this Act, theSecretary of the Interiorshall hold Lease Sale 220 for areas offshore of the State of Virginia.
Compliance with other laws
For purposes of the Lease Sales described insubsection (a), the Environmental Impact Statement for the 2010-2015-Year OCS Plan and the applicable Multi-Sale Environmental Impact Statement shall be considered to satisfy the National Environmental Policy Act of 1969(42 U.S.C. 4321 et seq.).
Energy projects in Gulf of Mexico
TheUnited States Court of Appeals for the Fifth Circuitshall have exclusive jurisdiction over challenges to offshore energy projects and permits to drill carried out in the Gulf of Mexico.
Any civil action to challenge a project or permit described inparagraph (1)shall be filed not later than 60 days after the date of approval of the project or the issuance of the permit.
Disposition of revenues
by redesignatingparagraphs (5) through (11)asparagraphs (6) through (12), respectively;
by inserting afterparagraph (4)the following:
The termcoastal Statemeans a State with a coastal seaward boundary within 200 nautical miles distance of the geographical center of a leased tract in—
an outer Continental Shelf area in the Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas; and
effective for fiscal year 2024 and each fiscal year thereafter, an outer Continental Shelf area in any OCS Region State Adjacent Zones and OCS Planning Areas.
inparagraph (10)(as so redesignated), by strikingsubparagraph (A)and inserting the following:
The termqualified outer Continental Shelf revenuesmeans all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after—
December 20, 2006, with respect to coastal States located in the Gulf of Mexico OCS Region; or
October 1, 2023, with respect to coastal States located in—
the Atlantic OCS Region;
the Pacific OCS Region; or
the Alaska OCS Region.
inparagraph (11)(as so redesignated), by striking
Gulf producing Stateeach
place it appears and inserting
Disposition of revenues
in the section
heading, by striking
181 Area, 181 South Area, and 2002-2007 planning areas of gulf of
Gulf producing Stateeach place it appears (other thansubsection (b)(1)) and inserting
insubsection (a)(2), by strikingsubparagraph (B)and inserting the following:
of the qualified outer Continental Shelf revenues described insection 102(10)(A)(i)—
to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965(16 U.S.C. 460l–8), which shall be considered to be income to the Land and Water Conservation Fund for purposes of section 2 of that Act(16 U.S.C. 460l–5), to a maximum amount of $125,000,000; and
for any amounts in excess of the amount described insubclause (I), to the Highway Trust Fund (other than the Mass Transit Account); and
beginning in fiscal year 2024, of the qualified outer Continental Shelf revenues described insection 102(10)(A)(ii), to the Highway Trust Fund (other than the Mass Transit Account).
in the subsection
heading, by striking
the paragraph heading, by striking
fiscal year 2017 and thereafter
2017 through 2023
insubparagraph (A), in the matter preceding clause (i), by striking
year 2017 and each fiscal year thereafterand inserting
fiscal years 2017 through 2023;
by redesignatingparagraph (3)asparagraph (4);
by inserting afterparagraph (2)the following:
Allocation among coastal States for fiscal year 2024 and thereafter
Subject tosubparagraph (B), effective for fiscal years 2024 and each fiscal year thereafter, the amount made available undersubsection (a)(2)(A)shall be allocated to each coastal State in amounts (based on a formula established by theSecretaryby regulation) that are inversely proportional to the respective distances between the point on the coastline of each coastal State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract.
The amount allocated to a coastal State each fiscal year undersubparagraph (A)shall be at least 10 percent of the amounts available undersubsection (a)(2)(A).
inparagraph (4)(as redesignated bysubparagraph (C)), by striking
paragraphs (1) and
paragraphs (1), (2), and (3);
insubsection (f), by strikingparagraph (1)and inserting the following:
Subject toparagraph (2), the total amount of qualified outer Continental Shelf revenues made available undersubsection (a)(2)shall not exceed—
in the case of an outer Continental Shelf area in the Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas—
$1,000,000,000 for each of fiscal years 2017 through 2024; and
$2,000,000,000 for each of fiscal years 2025 through 2055; and
in the case of an outer Continental Shelf area in OCS Region State Adjacent Zones and OCS Planning Areas other than the Zones and Areas described insubparagraph (A), for each of fiscal years 2024 through 2055, $500,000,000 for each such area located in—
the Atlantic OCS Region;
the Pacific OCS Region; or
the Alaska OCS Region.
The amendments made by this section take effect on October 1, 2013.
Leasing program for land within Coastal Plain
In this title:
Coastal Plainmeans that area
described in appendix I to part 37 of title 50, Code of Federal
by individuals chosen by the National Academy of Sciences with no contractual relationship with, or those who have no application for a grant or other funding pending with, the Federal agency with leasing jurisdiction; or
if individuals described insubparagraph (A)are not available, by the top individuals in the specified biological fields, as determined by the National Academy of Sciences.
The termSecretary, except as otherwise provided, means theSecretary of the Interioror the Secretary’s designee.
Leasing program for lands within the Coastal Plain
TheSecretaryshall take such actions as are necessary—
to establish and implement, in accordance with this title and acting through theDirector of the Bureau of Land Managementin consultation with theDirector of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in the exploration, development, and production of the oil and gas resources of the Coastal Plain; and
to administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this title in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.
Repeal of existing restriction
Section 1003 of the Alaska National Interest Lands Conservation Act(16 U.S.C. 3143)is repealed.
The table of contents insection 1 of such Actis amended by striking the item relating tosection 1003.
Compliance with requirements under certain other laws
For purposes of the National Wildlife Refuge System Administration Act of 1966(16 U.S.C. 668dd et seq.), the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination.
Adequacy of the Department of the Interior’s legislative environmental impact statement
Final Legislative Environmental Impact
Statement(April 1987) on the Coastal Plain prepared pursuant to
section 1002 of the Alaska National Interest Lands Conservation Act(16 U.S.C.
section 102(2)(C) of the National Environmental Policy Act of 1969(42 U.S.C. 4332(2)(C))is deemed to satisfy the requirements under theNational
Environmental Policy Act of 1969that apply with respect to prelease activities
under this title, including actions authorized to be taken by theSecretaryto
develop and promulgate the regulations for the establishment of a leasing
program authorized by this title before the conduct of the first lease
Compliance with NEPA for other actions
Before conducting the first lease sale under this title, theSecretaryshall prepare an environmental impact statement under theNational Environmental Policy Act of 1969with respect to the actions authorized by this title that are not referred to inparagraph (2). Notwithstanding any other law, theSecretaryis not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. TheSecretaryshall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this title shall be completed within 18 months after the date of enactment of this Act. TheSecretaryshall only consider public comments that specifically address theSecretary’spreferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title.
Relationship to State and local authority
Nothing in this title shall be considered to expand or limit State and local regulatory authority.
TheSecretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if theSecretarydetermines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. TheSecretaryshall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres.
Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values.
Exclusion from leasing or surface occupancy
TheSecretarymay exclude any Special Area from leasing. If theSecretaryleases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area.
Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases tracts located outside the Special Area.
Limitation on closed areas
TheSecretary’ssole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this title.
TheSecretaryshall prescribe such regulations as may be necessary to carry out this title, including regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this Act.
Revision of regulations
TheSecretaryshall, through a rule making conducted in accordance withsection 553 of title 5, United States Code, periodically review and, if appropriate, revise the regulations issued undersubsection (a)to reflect a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures.
Lands may be leased under this title to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act(30 U.S.C. 181 et seq.).
The Secretary shall, by regulation and no later than 180 days after the date of enactment of this Act, establish procedures for—
receipt and consideration of sealed nominations for any area of the Coastal Plain for inclusion in, or exclusion (as provided insubsection (c)) from, a lease sale;
the holding of lease sales after such nomination process; and
public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.
Lease sale bids
Lease sales under this title may be conducted through an Internet leasing program, if theSecretarydetermines that such a system will result in savings to the taxpayer, an increase in the number of bidders participating, and higher returns than oral bidding or a sealed bidding system.
Sale acreages and schedule
TheSecretaryshall offer for lease under this title those tracts theSecretaryconsiders to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant tosubsection (b)(1).
TheSecretaryshall offer for lease under this title no less than 50,000 acres for lease within 22 months after the date of the enactment of this Act.
TheSecretaryshall offer for lease under this title no less than an additional 50,000 acres at 6-, 12-, and 18-month intervals following offering underparagraph (2).
TheSecretaryshall conduct four additional sales under the same terms and schedule no later than two years after the date of the last sale underparagraph (3), if sufficient interest in leasing exists to warrant, in theSecretary’sjudgment, the conduct of such sales.
TheSecretaryshall evaluate the bids in each sale and issue leases resulting from such sales, within 90 days after the date of the completion of such sale.
Grant of leases by the Secretary
TheSecretarymay grant to the highest responsible qualified bidder in a lease sale conducted undersection 203any lands to be leased on the Coastal Plain upon payment by the such bidder of such bonus as may be accepted by theSecretary.
No lease issued under this title may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of theSecretary. Prior to any such approval theSecretaryshall consult with, and give due consideration to the views of, theAttorney General.
Lease terms and conditions
An oil or gas lease issued under this title shall—
provide for the payment of a royalty of not less than 12½percent in amount or value of the production removed or sold under the lease, as determined by theSecretaryunder the regulations applicable to other Federal oil and gas leases;
provide that theSecretarymay close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures;
require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee;
provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of theSecretary;
provide that the standard of reclamation for lands required to be reclaimed under this title shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as certified by theSecretary;
contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant tosection 202(a)(2);
provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native corporations from throughout the State;
prohibit the export of oil produced under the lease; and
contain such other provisions as theSecretarydetermines necessary to ensure compliance with this title and the regulations issued under this title.
Negotiated labor agreements
TheSecretary, as a term and condition of each lease under this title, shall require that the lessee and its agents and contractors negotiate to obtain an agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease.
Policies regarding buying, building, and working for America
It is the intent of theCongressthat—
this title will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources; and
Congresswill monitor the deployment of personnel and material onshore and offshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this title through good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources.
TheSecretary of the Interiorshall when possible, and practicable, encourage the use of United States workers and equipment manufactured in the United States in all construction related to mineral development on the Coastal Plain.
Coastal Plain environmental protection
No significant adverse effect standard To govern authorized Coastal Plain activities
TheSecretaryshall, consistent with the requirements ofsection 202, administer this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that—
ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment;
require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and
ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 10,000 acres on the Coastal Plain for each 100,000 acres of area leased.
Site-Specific assessment and mitigation
TheSecretaryshall also require, with respect to any proposed drilling and related activities, that—
a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment;
a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified underparagraph (1); and
the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan.
Regulations To protect Coastal Plain fish and wildlife resources, subsistence users, and the environment
Before implementing the leasing program authorized by this title, theSecretaryshall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title.
Compliance with Federal and State environmental laws and other requirements
The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this title shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following:
Standards at least
as effective as the safety and environmental mitigation measures set forth in
items 1 through 29 at pages 167 through 169 of the
Environmental Impact Statement(April 1987) on the Coastal
Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures.
That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if theSecretaryfinds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain.
Design safety and construction standards for all pipelines and any access and service roads, that—
minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and
minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices.
Prohibitions on general public access and use on all pipeline access and service roads.
Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this title, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that theSecretarydetermines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose.
Appropriate prohibitions or restrictions on access by all modes of transportation.
Appropriate prohibitions or restrictions on sand and gravel extraction.
Consolidation of facility siting.
Appropriate prohibitions or restrictions on use of explosives.
Avoidance, to the extent practicable, of springs, streams, and river systems; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling.
Avoidance or minimization of air traffic-related disturbance to fish and wildlife.
Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law.
Fuel storage and oil spill contingency planning.
Research, monitoring, and reporting requirements.
Field crew environmental briefings.
Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users.
Compliance with applicable air and water quality standards.
Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited.
Reasonable stipulations for protection of cultural and archeological resources.
All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by theSecretary.
In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, theSecretaryshall consider the following:
The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement.
The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations.
The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States.
Facility consolidation planning
TheSecretaryshall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources.
The plan shall have the following objectives:
Avoiding unnecessary duplication of facilities and activities.
Encouraging consolidation of common facilities and activities.
Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment.
Utilizing existing facilities wherever practicable.
Enhancing compatibility between wildlife values and development activities.
Access to public lands
The Secretary shall—
manage public lands in the Coastal Plain subject to section 811 of the Alaska National Interest Lands Conservation Act(16 U.S.C. 3121); and
ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses.
Expedited judicial review
Filing of complaint
Subject toparagraph (2), any complaint seeking judicial review—
of any provision of this title shall be filed by not later than 1 year after the date of enactment of this Act; or
of any action of theSecretaryunder this title shall be filed—
except as provided inclause (ii), within the 90-day period beginning on the date of the action being challenged; or
in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint.
Any complaint seeking judicial review of any provision of this title or any action of theSecretaryunder this title may be filed only in theUnited States Court of Appeals for the District of Columbia.
Limitation on scope of certain review
Judicial review of a Secretarial decision to conduct a lease sale under this title, including the environmental analysis thereof, shall be limited to whether theSecretaryhas complied with this title and shall be based upon the administrative record of that decision. TheSecretary’sidentification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary.
Limitation on other review
Actions of theSecretarywith respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.
Limitation on attorneys’ fees and court costs
No person seeking judicial review of any action under this title shall receive payment from the Federal Government for their attorneys’ fees and other court costs, including under any provision of law enacted by the Equal Access to Justice Act(5 U.S.C. 504 note).
Treatment of revenues
Notwithstanding any other provision of law, 90 percent of the amount of bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this title shall be deposited in the Treasury.
Rights-of-way across the Coastal Plain
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—
except as provided inparagraph (2), under section 28 of the Mineral Leasing Act(30 U.S.C. 185), without regard to title XI of the Alaska National Interest Lands Conservation Act(16 U.S.C. 3161 et seq.); and
Terms and conditions
TheSecretaryshall include in any right-of-way or easement issued undersubsection (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, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines.
TheSecretaryshall include in regulations undersection 202(g)provisions granting rights-of-way and easements described insubsection (a) of this section.
In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, theSecretary, notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act(16 U.S.C. 3192(h)(2)), shall convey—
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 undersections 12and14 of the Alaska Native Claims Settlement Act(43 U.S.C. 1611and1613) in accordance with the terms and conditions of the Agreement between theDepartment of the Interior, theUnited States Fish and Wildlife Service, theBureau of Land Management, and the Kaktovik Inupiat Corporation dated January 22, 1993; and
to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America.
Jurisdiction over covered energy projects
Definition of covered energy project
In this section, the termcovered energy projectmeans any action or decision by a Federal official regarding—
the leasing of Federal land (including submerged land) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, including actions and decisions regarding the selection or offering of Federal land for such leasing; or
any action under such a lease, except that this section and Act shall not apply to a dispute between 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.
Exclusive jurisdiction over causes and claims relating to covered energy projects
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 theUnited States Court of Appeals for the Fifth Circuit.
Time for filing complaint
Each case or claim described insubsection (b)shall be filed not later than the end of the 60-day period beginning on the date of the action or decision by a Federal official that constitutes the covered energy project concerned.
Any cause or claim described insubsection (b)that is not filed within the time period described inparagraph (1)shall be barred.
District court for District of Columbia deadline
Each proceeding that is subject tosubsection (b)shall—
be resolved as expeditiously as practicable and in any event not more than 180 days after the cause or claim is filed; and
take precedence over all other pending matters before the district court.
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.
Ability To seek appellate review
An interlocutory or final judgment, decree, or order of the district court under this section may be reviewed by no other court except theSupreme Court.
Environmental legal fees
Section 504 of title 5, United States Code, is amended by adding at the end the following:
Environmental legal fees
Notwithstandingsection 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 environmental nongovernmental organization related to an action that (with respect to the United States)—
prevents, terminates, or reduces access to or the production of—
a mineral resource;
water by agricultural producers;
a resource by commercial or recreational fishermen; or
grazing or timber production on Federal land;
diminishes the private property value of a property owner; or
eliminates or prevents 1 or more jobs.
Master leasing plans
Notwithstanding any other provision of law, theSecretary of the Interior, acting through theBureau of Land Management, shall not establish a master leasing plan as part of any guidance issued by theSecretary.
Existing master leasing plans
Instruction Memorandum No. 2010–117 and any other master leasing plan described insubsection (a)issued on or before the date of enactment of this Act shall have no force or effect.
Section 2 of the Act
of June 8, 1906(commonly known as the
Antiquities Act of
) (16 U.S.C. 431), is amended in the first sentence by
, in his discretion, to declare by public proclamationand inserting
to declare, subject to approval by an Act of
Carbon dioxide and other greenhouse gas emissions reductions in China, India, and Russia
Definition of Administrator
In this section, the termAdministratormeans the Administrator of the Environmental Protection Agency.
in 1997, the Senate adopted Senate Resolution 98, 105th Congress, agreed to July 25, 1997, which expressed the sense of theSenatethat the United States should not accept any agreement that would mandate new commitments to limit or reduce greenhouse gas emissions by developed countries unless the agreement also mandated new specific scheduled commitments to limit or reduce greenhouse gas emissions by developing countries within the same compliance period; and
theAdministratorcontinues to move forward with the regulation of carbon dioxide emissions, however, the People’s Republic of China, India, and the Russian Federation do not impose similar regulations on carbon dioxide emissions.
Carbon dioxide or greenhouse gas emissions reductions
Notwithstanding any other provision of law, theAdministratoror the head of any other Federal agency or department shall not regulate or continue to implement or enforce any regulations, proposals, or actions establishing any carbon dioxide or greenhouse gas emissions reductions until theAdministrator, theAdministrator of the Energy Information Agency, and theSecretary of Commercecertify in writing that—
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
the reductions described inparagraph (1)are substantially similar to the carbon dioxide and other greenhouse gas emission reductions proposed by the Administrator or the head of any other Federal agency or department for the United States.
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 undersubsection (c)is made, that requires any carbon dioxide or other greenhouse gas emissions reduction shall have no force or effect.
Employment effects of actions under Clean Air Act
Section 321(b) of the Clean Air Act(42 U.S.C. 7621(b))is amended—
by designating the first through eighth sentences asparagraphs (1) through (8), respectively; and
by adding at the end the following:
Not later than 30 days before conducting a public hearing or providing notice of a determination that a hearing is not necessary with respect to a requirement described inparagraph (1), theAdministratorshall—
conduct a full economic analysis of the requirement; and
make the data, methodologies, and results of the analysis available to the public.
Economic review board
Not later than 30 days after the date on which theAdministratormakes the results of an economic analysis of a requirement available to the public underparagraph (9)(B), theSecretary of Commerceshall establish an economic review board consisting of a representative from each Federal agency with jurisdiction over affected industries to assess—
the cumulative economic impact of the requirement, including the direct, indirect, quantifiable, and qualitative effects;
the cost of compliance with the requirement;
the effect of the requirement on the retirement or closure of domestic businesses;
energy sectors that could be expected to retire units as a result of the requirement;
the impact of the requirement on the price of electricity, oil, gas, coal, and renewable resources;
the economic harm to consumers resulting from the requirement;
the impact of the requirement on the ability of industries and businesses in the United States to compete with industries and businesses in other countries, with respect to competitiveness in both domestic and foreign markets;
the regions of the United States that are forecasted to be—
most affected from the direct 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
least affected from adverse impacts described insubclause (I)due to the creation of new jobs and economic growth that are expected to result directly and indirectly from energy construction projects;
the adverse impacts of the requirement on electric reliability that are expected to result from the retirement of electric generation;
the geographical distribution of the projected adverse electric reliability impacts of the requirement;
Federal, State, and local policies that have been or will be implemented to support energy infrastructure in the United States, including policies that promote fuel diversity, affordable and reliable electricity, and energy security;
the potential economic impacts as a result of outsourcing; and
other direct and indirect impacts that are expected to result from the cumulative obligation to comply with the requirement.
Not later than 30 days after the date on which the economic review board completes the assessment of a requirement undersubparagraph (A), the economic review board shall submit toCongress, thePresident, and theSecretarya report that describes the results of the assessment.
TheAdministratorshall not promulgate regulations to implement a requirement described inparagraph (1)until at least 60 days after the date of submission of the report on the requirement undersubparagraph (B).
Section 10 of the Endangered Species Act of 1973(16 U.S.C. 1539)is amended by adding at the end the following:
On the declaration of an emergency 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 ameliorate the impact of the emergency, including fighting or preventing forest fires and the building, rebuilding, or operation of any water supply or flood control project by a Federal agency.
Prohibition of consideration of impact of greenhouse gases and climate change
The Endangered Species Act of 1973(16 U.S.C. 1531 et seq.)is amended by adding at the end the following:
Prohibition of consideration of impact of greenhouse gases and climate change
Definition of greenhouse gas
In this section, the termgreenhouse gasmeans any of—
a perfluorocarbon; or
any other anthropogenic gas designated by the Secretary for purposes of this section.
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.
The table of contents in the first section of the Endangered Species 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 climate change.
Central Valley Project
Effect of biological opinions
Notwithstanding any other provision of law, in connection with the Central Valley Project, theBureau of Reclamationand an agency of the State of California operating 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 restriction would result in a level of allocation of water that is less than the historical maximum level of allocation of water under the project.
Keystone XL permit approval
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 theDepartment of Statefor the northern portion of the Keystone XL pipeline from the Canadian border to the border between the States of South Dakota and Nebraska.
Environmental impact statement
The final environmental impact statement issued by theSecretary of Stateon August 26, 2011, regarding the pipeline referred to insubsection (a), shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969(42 U.S.C. 4321 et seq.).
Notwithstanding any other provision of law, the route of the Keystone XL pipeline through the State of Nebraska reviewed in the Final Evaluation Report conducted pursuant to Neb. Rev. Stat. § 57–1503(1) and approved by the Governor of the State shall be considered approved.
Environmental impact statements
The Final Evaluation Report described inparagraph (1)shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969(42 U.S.C. 4321 et seq.).
No area necessary to construct or maintain the Keystone XL pipeline shall be considered critical habitat under the Endangered Species Act of 1973(16 U.S.C. 1531 et seq.)or any other provision of law.
Any Federal permit or authorization issued before the date of enactment of this Act for the pipeline and cross-border facilities described insubsections (a)and(b), and the related facilities in the United States, shall remain in effect.
Federal judicial review
The pipeline and cross-border facilities described insubsections (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 theUnited States Court of Appeals for the District of Columbia Circuit.
Drakes Bay Oyster Company
any other provision of law (including the memorandum of theSecretary of the
Interiordated November 29, 2012, with the subject entitled
National Seashore–Drakes Bay Oyster Company)—
the Secretary of the Interior, acting through the Director of the National Park Service, shall—
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 Seashore in the State of California held by Drakes Bay Oyster Company, which expired on November 30, 2012, subject to the terms and conditions contained in those permits, as in effect on November 29, 2012; and
on receipt of a request from Drakes Bay Oyster Company (or a successor in interest), renew those reinstated permits for an additional 10-year period; and
Drakes Estero in the State of California shall not be converted to a designated wilderness.