I 112th CONGRESS 2d Session H. R. 4211 IN THE HOUSE OF REPRESENTATIVES March 19, 2012 Mr. Poe of Texas (for himself and Mr. Burton of Indiana) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce and Transportation and Infrastructure, 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 prohibit the drawdown of petroleum from the Strategic Petroleum Reserve unless the President has taken certain actions.

1.

Short title

This Act may be cited as the American Energy First Act.

2.

Federal Government action required as condition for drawdown from Strategic Petroleum Reserve

No petroleum product may be drawn down and sold or exchanged from the Strategic Petroleum Reserve unless the President has taken all of the actions required by sections 3 through 8 of this Act.

3.

Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision

(a)

Regulations

The President shall direct the Secretary of the Interior and the heads of all other relevant Federal agencies to treat the final regulations regarding oil shale management published by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69,414), as satisfying all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Energy Policy Act of 2005 (Public Law 109–58), and the Secretary of the Interior shall implement those regulations, including the oil shale leasing program authorized by the regulations, without any other administrative action necessary. (b)

Amendments to resource management plans and record of decision

Notwithstanding any other law or regulation to the contrary, the President shall direct the Secretary of the Interior and the heads of all other relevant Federal agencies to treat the November 17, 2008, U.S. Bureau of Land Management Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and Final Programmatic Environmental Impact Statement as satisfying all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Energy Policy Act of 2005 (Public Law 109–58), and the Secretary of the Interior shall implement the oil shale leasing program authorized by the regulations referred to in subsection (a) in those areas covered by the resource management plans amended by such amendments, and covered by such record of decision, without any other administrative action necessary.

4.

Requirement to conduct proposed oil and gas Lease Sale 216 in the Central Gulf of Mexico

(a)

In general

The President shall direct the Secretary of the Interior to conduct offshore oil and gas Lease Sale 216 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than 4 months after the date of enactment of this Act. (b)

Environmental review

For the purposes of that lease sale, the Environmental Impact Statement for the 2007–2012 5-Year OCS Plan and the Multi-Sale Environmental Impact Statement are deemed to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

5.

Requirement to conduct proposed oil and gas Lease Sale 218 in the Western Gulf of Mexico

(a)

In general

The President shall direct the Secretary of the Interior to conduct offshore oil and gas Lease Sale 218 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than 8 months after the date of enactment of this Act. (b)

Environmental review

For the purposes of that lease sale, the Environmental Impact Statement for the 2007–2012 5-Year OCS Plan and the Multi-Sale Environmental Impact Statement are deemed to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

6.

Requirement to conduct proposed oil and gas Lease Sale 222 in the Central Gulf of Mexico

(a)

In general

The President shall direct the Secretary of the Interior to conduct offshore oil and gas Lease Sale 222 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than June 1, 2012. (b)

Environmental Review

For the purposes of that lease sale, the Environmental Impact Statement for the 2007–2012 5-Year OCS Plan and the Multi-Sale Environmental Impact Statement are deemed to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

7.

Keystone XL pipeline permit approval

(a)

Permit approval

The President shall direct the Secretary of State to approve the permit described in subsection (b). (b)

Description of permit

The permit approved under subsection (a) is the permit with respect to certain energy-related facilities and land transportation crossings on the international boundaries of the United States for the Keystone XL pipeline project, an application for which was filed on September 19, 2008 (including amendments). (c)

Requirements

The permit granted under subsection (a) shall require the following: (1)The permittee shall comply with all applicable Federal and State laws (including regulations) and all applicable industrial codes regarding the construction, connection, operation, and maintenance of the United States facilities. (2)The permittee shall take all appropriate measures to prevent or mitigate any adverse environmental impact or disruption of historic properties in connection with the construction, operation, and maintenance of the United States facilities. (3)For the purpose of the permit approved under subsection (a) (regardless of any modifications under subsection (d))— (A)the final environmental impact statement issued by the Secretary of State on August 26, 2011, satisfies all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of the National Historic Preservation Act (16 U.S.C. 470f); (B)any modification required by the Secretary of State to the Plan described in paragraph (4)(A) shall not require supplementation of the final environmental impact statement described in that paragraph; and (C)no further Federal environmental review shall be required. (4)The construction, operation, and maintenance of the facilities shall be in all material respects similar to that described in the application described in subsection (b) and in accordance with— (A)the construction, mitigation, and reclamation measures agreed to by the permittee in the Construction Mitigation and Reclamation Plan found in appendix B of the final environmental impact statement issued by the Secretary of State on August 26, 2011, subject to the modification described in subsection (d); (B)the special conditions agreed to between the permittee and the Administrator of the Pipeline Hazardous Materials Safety Administration of the Department of Transportation found in appendix U of the final environmental impact statement described in subparagraph (A); (C)if the modified route submitted by the Governor of Nebraska under subsection (d)(3)(B) crosses the Sand Hills region, the measures agreed to by the permittee for the Sand Hills region found in appendix H of the final environmental impact statement described in subparagraph (A); and (D)the stipulations identified in appendix S of the final environmental impact statement described in subparagraph (A). (5)Other requirements that are standard industry practice or commonly included in Federal permits that are similar to a permit approved under subsection (a). (d)

Modification

The permit approved under subsection (a) shall require— (1)the reconsideration of routing of the Keystone XL pipeline within the State of Nebraska; (2)a review period during which routing within the State of Nebraska may be reconsidered and the route of the Keystone XL pipeline through the State altered with any accompanying modification to the Plan described in subsection (c)(4)(A); and (3)the President— (A)to coordinate review with the State of Nebraska and provide any necessary data and reasonable technical assistance material to the review process required under this subsection; and (B)to approve the route within the State of Nebraska that has been submitted to the Secretary of State by the Governor of Nebraska. (e)

Effect of no approval

If the President does not approve the route within the State of Nebraska submitted by the Governor of Nebraska under subsection (d)(3)(B) not later than 10 days after the date of submission, the route submitted by the Governor of Nebraska under subsection (d)(3)(B) shall be considered approved, pursuant to the terms of the permit approved under subsection (a) that meets the requirements of subsection (c) and this subsection, by operation of law. (f)

Private property savings clause

Nothing in this section alters the Federal, State, or local processes or conditions in effect on the date of enactment of this Act that are necessary to secure access from private property owners to construct the Keystone XL pipeline.

8.

Requirement to expedite permitting for existing oil and gas leases

The President shall direct the Secretary of the Interior to expedite permitting of activities under oil and gas leases for Federal onshore lands and Federal submerged lands in the Gulf of Mexico.