[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 787 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 787

   To greatly enhance America's path toward energy independence and 
 economic and national security, to rebuild our Nation's aging roads, 
           bridges, locks, and dams, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2013

  Mr. Murphy of Pennsylvania introduced the following bill; which was 
referred to the Committee on Natural Resources, and in addition to the 
 Committees on the Judiciary, Energy and Commerce, Rules, the Budget, 
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 greatly enhance America's path toward energy independence and 
 economic and national security, to rebuild our Nation's aging roads, 
           bridges, locks, and dams, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Infrastructure 
Jobs and Energy Independence Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--OFFSHORE LEASING AND OTHER ENERGY PROVISIONS

                      Subtitle A--Offshore Leasing

Sec. 101. Leasing program considered approved.
Sec. 102. Lease sales.
Sec. 103. Seaward boundaries of States.
Sec. 104. Military operations.
Sec. 105. Coordination with Adjacent States.
Sec. 106. Gulf of Mexico oil and gas.
Sec. 107. Sharing of revenues.
Sec. 108. Inventory of offshore energy resources.
Sec. 109. Prohibitions on surface occupancy and other appropriate 
                            environmental safeguards.
                 Subtitle B--Expedited Judicial Review

Sec. 121. Definitions.
Sec. 122. Exclusive jurisdiction over causes and claims relating to 
                            covered oil and natural gas activities.
Sec. 123. Time for filing petition; standing.
Sec. 124. Timetable.
Sec. 125. Limitation on scope of review and relief.
Sec. 126. Presidential waiver.
Sec. 127. Legal fees.
Sec. 128. Exclusion.
                  Subtitle C--Other Energy Provisions

Sec. 131. Policies regarding buying and building American.
    TITLE II--MODIFYING THE STRATEGIC PETROLEUM RESERVE AND FUNDING 
            CONSERVATION AND ENERGY RESEARCH AND DEVELOPMENT

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Objectives.
Sec. 204. Modification of the Strategic Petroleum Reserve.

         TITLE I--OFFSHORE LEASING AND OTHER ENERGY PROVISIONS

                      Subtitle A--Offshore Leasing

SEC. 101. LEASING PROGRAM CONSIDERED APPROVED.

    (a) In General.--The Draft Proposed Outer Continental Shelf Oil and 
Gas Leasing Program 2010-2015 issued by the Secretary of the Interior 
(referred to in this section as the ``Secretary'') under section 18 of 
the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is considered to 
have been approved by the Secretary as a final oil and gas leasing 
program under that section, and is considered to be in full compliance 
with and in accordance with all requirements of the Outer Continental 
Shelf Lands Act.
    (b) Final Environmental Impact Statement.--The Secretary is 
considered to have issued a final environmental impact statement for 
the program described in subsection (a) in accordance with all 
requirements under section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
    (c) Correction of Dates.--The Secretary of the Interior shall 
update the dates and deadlines proscribed in the program described in 
subsection (a) to reflect the time that has passed between the date the 
program was issued and the date of enactment of this Act.

SEC. 102. LEASE SALES.

    (a) Outer Continental Shelf.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 30 days after the date of enactment of this Act and 
        every 270 days thereafter, the Secretary 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 the Secretary determines that there is a 
        commercial interest in purchasing Federal oil and gas leases 
        for production on the outer Continental Shelf.
            (2) Subsequent determinations and sales.--If the Secretary 
        determines 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 
        subsection, not later than 2 years after the date of enactment 
        of the determination and every 2 years thereafter, the 
        Secretary shall--
                    (A) 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
                    (B) if the Secretary determines that there is a 
                commercial interest described in subparagraph (A), 
                conduct a lease sale in the planning area.
    (b) Renewable Energy and Mariculture.--The Secretary may conduct 
commercial lease sales of resources owned by the United States--
            (1) to produce renewable energy (as defined in section 
        203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b))); 
        or
            (2) to cultivate marine organisms in the natural habitat of 
        the organisms.

SEC. 103. SEAWARD BOUNDARIES OF STATES.

    (a) Seaward Boundaries.--Section 4 of the Submerged Lands Act (43 
U.S.C. 1312) is amended by striking ``three geographical miles'' each 
place it appears and inserting ``9 nautical miles''.
    (b) Conforming Amendments.--Section 2 of the Submerged Lands Act 
(43 U.S.C. 1301) is amended--
            (1) in subsection (a)(2), by striking ``three geographical 
        miles'' and inserting ``9 nautical miles''; and
            (2) in subsection (b)--
                    (A) by striking ``three geographical miles'' and 
                inserting ``9 nautical miles''; and
                    (B) by striking ``three marine leagues'' and 
                inserting ``9 nautical miles''.
    (c) Effect of Amendments.--
            (1) In general.--Subject to paragraphs (2) through (4), the 
        amendments made by this section shall not affect Federal oil 
        and gas mineral rights and should not affect the States' 
        current authority within existing State boundaries.
            (2) Existing leases.--The amendments made by this section 
        shall not affect any Federal oil and gas lease in effect on the 
        date of enactment of this Act.
            (3) Taxation.--
                    (A) In general.--A State may exercise all of the 
                sovereign powers of taxation of the State within the 
                entire extent of the seaward boundaries of the State 
                (as extended by the amendments made by this section).
                    (B) Limitation.--Nothing in this paragraph affects 
                the authority of a State to tax any Federal oil and gas 
                lease in effect on the date of enactment of this Act.

SEC. 104. MILITARY OPERATIONS.

    The Secretary shall consult with the Secretary of Defense regarding 
military operations needs in the Outer Continental Shelf. The Secretary 
shall work with the Secretary of Defense to resolve any conflicts that 
might arise between such operations and leasing under this section. If 
the Secretaries are unable to resolve all such conflicts, any 
unresolved issues shall be referred by the Secretaries to the President 
in a timely fashion for immediate resolution.

SEC. 105. COORDINATION WITH ADJACENT STATES.

    Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1345) is amended--
            (1) in subsection (a) in the first sentence by inserting 
        ``, for any tract located within the Adjacent State's Adjacent 
        Zone,'' after ``government''; and
            (2) by adding the following:
    ``(f)(1) Prior to issuing a permit or approval for the construction 
of a pipeline to transport crude oil, natural gas or associated liquids 
production withdrawn from oil and gas leases on the outer Continental 
Shelf, a Federal agency must seek the concurrence of the Adjacent State 
if the pipeline is to transit the Adjacent State's Adjacent Zone 
between the outer Continental Shelf and landfall. No State may prohibit 
construction of such a pipeline within its Adjacent Zone or its State 
waters. However, an Adjacent State may require routing of such a 
pipeline to one of two alternate landfall locations in the Adjacent 
State, designated by the Adjacent State, located within 60 miles on 
either side of a proposed landfall location.
    ``(2) In this subsection:
            ``(A) The term `Adjacent State' means, with respect to any 
        program, plan, lease sale, leased tract or other activity, 
        proposed, conducted, or approved pursuant to the provisions of 
        this Act, any State the laws of which are declared, pursuant to 
        section 4(a)(2), to be the law of the United States for the 
        portion of the outer Continental Shelf on which such program, 
        plan, lease sale, leased tract, or activity appertains or is, 
        or is proposed to be, conducted. For purposes of this 
        subparagraph, the term `State' includes the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        the Virgin Islands, American Samoa, Guam, and the other 
        territories of the United States.
            ``(B) The term `Adjacent Zone' means, with respect to any 
        program, plan, lease sale, leased tract, or other activity, 
        proposed, conducted, or approved pursuant to the provisions of 
        this Act, the portion of the outer Continental Shelf for which 
        the laws of a particular Adjacent State are declared, pursuant 
        to section 4(a)(2), to be the law of the United States.''.

SEC. 106. GULF OF MEXICO OIL AND GAS.

    (a) Repeal.--Section 104 of division C of the Tax Relief and Health 
Care Act of 2006 (Public Law 109-432; 120 Stat. 3003) is repealed.
    (b) Leasing Plan for the Eastern Gulf of Mexico.--Pursuant to 
sections 101 and 102 of this Act, the Secretary of the Interior shall 
issue a final leasing plan for the Eastern Gulf of Mexico within 180 
days after the date of enactment of this Act for all areas where there 
exists commercial interest in purchasing Federal oil and gas leases for 
production.

SEC. 107. SHARING OF REVENUES.

    (a) In General.--Section 8(g) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1337(g)) is amended--
            (1) in paragraph (2) by striking ``Notwithstanding'' and 
        inserting ``Except as provided in paragraph (6), and 
        notwithstanding'';
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (8) and (9); and
            (3) by inserting after paragraph (5) the following:
            ``(6) Bonus bids and royalties under qualified leases.--
                    ``(A) New leases.--Of amounts received by the 
                United States as bonus bids, royalties, rentals, and 
                other sums collected under any new qualified lease on 
                submerged lands made available for leasing under this 
                Act by the enactment of the Infrastructure Jobs and 
                Energy Independence Act--
                            ``(i) 30 percent shall be paid to the 
                        States that are producing States with respect 
                        to those submerged lands that are located 
                        within the seaward boundaries of such a State 
                        established under section 4(a)(2)(A);
                            ``(ii) 10 percent shall be deposited in the 
                        general fund of the Treasury used solely for 
                        paying off the national debt; and
                            ``(iii) 60 percent shall be deposited in 
                        the Infrastructure Renewal Reserve established 
                        by paragraph (7).
                    ``(B) Leased tract that lies partially within the 
                seaward boundaries of a state.--In the case of a leased 
                tract that lies partially within the seaward boundaries 
                of a State, the amounts of bonus bids and royalties 
                from such tract that are subject to subparagraph 
                (A)(ii) with respect to such State shall be a 
                percentage of the total amounts of bonus bids and 
                royalties from such tract that is equivalent to the 
                total percentage of surface acreage of the tract that 
                lies within such seaward boundaries.
                    ``(C) Use of payments to states.--Amounts paid to a 
                State under subparagraph (A)(ii) shall be used by the 
                State for one or more of the following:
                            ``(i) Education.
                            ``(ii) Transportation.
                            ``(iii) Coastal restoration, environmental 
                        restoration, and beach replenishment.
                            ``(iv) Energy infrastructure.
                            ``(v) Renewable energy development.
                            ``(vi) Energy efficiency and conservation.
                            ``(vii) Any other purpose determined by 
                        State law.
                    ``(D) Definitions.--In this paragraph:
                            ``(i) Adjacent state.--The term `Adjacent 
                        State' means, with respect to any program, 
                        plan, lease sale, leased tract or other 
                        activity, proposed, conducted, or approved 
                        pursuant to the provisions of this Act, any 
                        State the laws of which are declared, pursuant 
                        to section 4(a)(2), to be the law of the United 
                        States for the portion of the outer Continental 
                        Shelf on which such program, plan, lease sale, 
                        leased tract, or activity appertains or is, or 
                        is proposed to be, conducted.
                            ``(ii) Adjacent zone.--The term `Adjacent 
                        Zone' means, with respect to any program, plan, 
                        lease sale, leased tract, or other activity, 
                        proposed, conducted, or approved pursuant to 
                        the provisions of this Act, the portion of the 
                        outer Continental Shelf for which the laws of a 
                        particular Adjacent State are declared, 
                        pursuant to section 4(a)(2), to be the law of 
                        the United States.
                            ``(iii) Producing state.--The term 
                        `producing State' means an Adjacent State 
                        having an Adjacent Zone containing leased 
                        tracts from which are derived bonus bids and 
                        royalties under a lease under this Act.
                            ``(iv) State.--The term `State' includes 
                        Puerto Rico and the other territories of the 
                        United States.
                            ``(v) Qualified lease.--The term `qualified 
                        lease' means a natural gas or oil lease made 
                        available under this Act granted after the date 
                        of the enactment of the Infrastructure Jobs and 
                        Energy Independence Act, for an area that is 
                        available for leasing as a result of enactment 
                        of section 101 of that Act.
                    ``(E) Application.--This paragraph shall apply to 
                bonus bids and royalties received by the United States 
                under qualified leases after implementation of sections 
                105 and 106 of the Infrastructure Jobs and Energy 
                Independence Act.
                    ``(F) Existing revenues.--All revenues including 
                revenues, including bonus bids, royalties, rentals, and 
                other sums, collected from leases issued under this Act 
                prior to the enactment Infrastructure Jobs and Energy 
                Independence Act, shall not be affected by the 
                provisions of that Act.
            ``(7) Establishment of reserve accounts.--
                    ``(A) In general.--For budgetary purposes, there is 
                established as a separate account to receive deposits 
                under paragraph (6)(A)--
                            ``(i) the Infrastructure Renewal Reserve 
                        which shall be applied to offset the costs of--
                                    ``(I) Federal-aid highway and 
                                highway safety construction programs 
                                carried out by the Secretary of 
                                Transportation;
                                    ``(II) public transportation 
                                programs carried out by the Secretary 
                                of Transportation;
                                    ``(III) water resources development 
                                construction projects carried out by 
                                the Secretary of the Army (acting 
                                through the Chief of Engineers); and
                                    ``(IV) legislation enacted after 
                                the date of the enactment of the 
                                Infrastructure Jobs and Energy 
                                Independence Act for purposes of 
                                investment in transportation 
                                infrastructure; and
                            ``(ii) the Clean Water Reserve, to first, 
                        offset the cost of construction programs under 
                        the Clean Water Act or the 1996 Amendments to 
                        the Safe Drinking Water Act that provide 
                        assistance, such as grants, matching grants, 
                        and no- and low-interest loans, to State, 
                        county, and local governments to rebuild and 
                        modernize clean water and sewage 
                        infrastructure.
                    ``(B) Deposit of balance from spr petroleum 
                account.--In addition to deposits under paragraph 
                (6)(A), the Secretary shall transfer to the 
                Infrastructure Renewal Reserve the balance of funds in 
                the SPR Petroleum Account on the date of enactment of 
                this Act in excess of $10,000,000.
                    ``(C) Procedure for adjustments.--
                            ``(i) Budget committee chairman.--After the 
                        reporting of a bill or joint resolution, or the 
                        offering of an amendment thereto or the 
                        submission of a conference report thereon, 
                        providing funding for the purposes set forth in 
                        clause (i) or (ii) of subparagraph (A) in 
                        excess of the sum of amount of the deposits 
                        under paragraph (6)(A) for those purposes for 
                        fiscal year 2013 and funds deposited under 
                        subparagraph (B) of this paragraph, the 
                        chairman of the Committee on the Budget of the 
                        applicable House of Congress shall make the 
                        adjustments set forth in clause (ii) for the 
                        amount of new budget authority and outlays in 
                        that measure and the outlays flowing from that 
                        budget authority.
                            ``(ii) Matters to be adjusted.--The 
                        adjustments referred to in clause (i) are to be 
                        made to--
                                    ``(I) the discretionary spending 
                                limits, if any, set forth in the 
                                appropriate concurrent resolution on 
                                the budget;
                                    ``(II) the allocations made 
                                pursuant to the appropriate concurrent 
                                resolution on the budget pursuant to 
                                section 302(a) of the Congressional 
                                Budget Act of 1974; and
                                    ``(III) the budget aggregates 
                                contained in the appropriate concurrent 
                                resolution on the budget as required by 
                                section 301(a) of the Congressional 
                                Budget Act of 1974.
                            ``(iii) Amounts of adjustments.--The 
                        adjustments referred to in clauses (i) and (ii) 
                        shall not exceed the receipts estimated by the 
                        Congressional Budget Office that are 
                        attributable to this Act for the fiscal year in 
                        which the adjustments are made.
            ``(8) Maintenance of effort by states.--The Secretary of 
        the Interior, the Secretary of Health and Human Services, the 
        Secretary of Energy, and any other Federal official with 
        authority to implement legislation referred to in paragraph 
        (6)(A) shall ensure that financial assistance provided to a 
        State under that legislation for any purpose with amounts made 
        available under this subsection or in any legislation with 
        respect to which paragraph (7) applies supplement, and do not 
        replace, the amounts expended by the State for that purpose 
        before the date of the enactment of the Infrastructure Jobs and 
        Energy Independence Act.
            ``(9) Distributions for federal-aid highway or highway 
        safety construction program.--To the extent practicable, 
        amounts made available for a Federal-aid highway or highway 
        safety construction program, the costs of which are offset by 
        application of the Infrastructure Renewal Reserve, shall be 
        distributed using the apportionment formula that applies to 
        that program.''.
    (b) Establishment of State Seaward Boundaries.--Section 4(a)(2)(A) 
of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is 
amended in the first sentence by striking ``, and the President'' and 
all that follows through the end of the sentence and inserting the 
following: ``. Such extended lines are deemed to be as indicated on the 
maps for each Outer Continental Shelf region entitled `Alaska OCS 
Region State Adjacent Zone and OCS Planning Areas', `Pacific OCS Region 
State Adjacent Zones and OCS Planning Areas', `Gulf of Mexico OCS 
Region State Adjacent Zones and OCS Planning Areas', and `Atlantic OCS 
Region State Adjacent Zones and OCS Planning Areas', all of which are 
dated September 2005 and on file in the Office of the Director, 
Minerals Management Service. The preceding sentence shall not apply 
with respect to the treatment under section 105 of the Gulf of Mexico 
Energy Security Act of 2006 (title I of division C of Public Law 109-
432) of qualified outer Continental Shelf revenues deposited and 
disbursed under subsection (a)(2) of that section.''.

SEC. 108. INVENTORY OF OFFSHORE ENERGY RESOURCES.

    (a) In General.--The Secretary of the Interior (in this section 
referred to as the ``Secretary'') shall promptly prepare an inventory 
of offshore energy resources of the United States, including through 
conduct of geological and geophysical explorations by private industry 
in all of the United States outer Continental Shelf areas of the 
Atlantic Ocean and the Pacific Ocean under part 251 of title 30, Code 
of Federal Regulations (or successor regulations).
    (b) Environmental Studies.--Not later than 180 days after the date 
of enactment of this Act, the Secretary shall complete any 
environmental studies necessary to gather information essential to an 
accurate inventory, including geological and geophysical explorations 
under part 251 of title 30, Code of Federal Regulations (or successor 
regulations).
    (c) Effect on Oil and Gas Leasing.--No inventory that is conducted 
under this section or any other Federal law (including regulations) 
shall restrict, limit, delay, or otherwise adversely affect--
            (1) the development of any Outer Continental Shelf leasing 
        program under section 18 of the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1344); or
            (2) any leasing, exploration, development, or production of 
        any Federal offshore oil and gas leases.
    (d) Funding.--
            (1) In general.--The Secretary of the Treasury shall make a 
        one-time transfer to the Secretary, without further 
        appropriation and from royalties collected by the United States 
        in conjunction with the production of oil and gas, of such sums 
        as are necessary for the Secretary to carry out this section.
            (2) Limitation.--The amount transferred under paragraph (1) 
        shall not exceed $50,000,000.

SEC. 109. PROHIBITIONS ON SURFACE OCCUPANCY AND OTHER APPROPRIATE 
              ENVIRONMENTAL SAFEGUARDS.

    (a) Regulations.--
            (1) In general.--
                    (A) Environmental safeguards.--The Secretary of the 
                Interior shall promulgate regulations that establish 
                appropriate environmental safeguards for the 
                exploration and production of oil and natural gas on 
                the outer Continental Shelf.
                    (B) Safety protocols.--All operations, including 
                under any permit issued pursuant to an application for 
                a permit to drill or an application for a permit to 
                sidetrack, that has been approved by the Minerals 
                Management Service or the Bureau of Ocean Energy 
                Management, Regulation and Enforcement, for purposes of 
                outer Continental Shelf energy exploration or 
                development and production, shall be carried out in 
                accordance with the safety protocols contained in part 
                250 of title 30, Code of Federal Regulations.
            (2) Requirements.--The regulations shall include provisions 
        ensuring that--
                    (A) no surface facility shall be installed for the 
                purpose of production of oil or gas resources in any 
                area that is within 10 miles from the shore of any 
                coastal State, in any area of the outer Continental 
                Shelf that has not previously been made available for 
                oil and gas leasing;
                    (B) only temporary surface facilities are installed 
                for areas that are located--
                            (i) beyond 10 miles from the shore from the 
                        shore of any coastal State, in any area of the 
                        Outer Continental Shelf that has not previously 
                        been made available for oil and gas leasing; 
                        and
                            (ii) not more than 20 miles from the shore;
                    (C) the impact of offshore production facilities on 
                coastal vistas is otherwise mitigated; and
                    (D) onshore facilities that are able to draw upon 
                the resources of the outer Continental Shelf within 10 
                miles of shore are allowed.
    (b) Conforming Amendment.--Section 105 of the Department of the 
Interior, Environment, and Related Agencies Appropriations Act, 2006 
(Public Law 109-54; 119 Stat. 521) (as amended by section 103(d) of the 
Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public 
Law 109-432)) is amended by inserting ``and any other area that the 
Secretary of the Interior may offer for leasing, preleasing, or any 
related activity under section 104 of that Act'' after ``2006)''.

                 Subtitle B--Expedited Judicial Review

SEC. 121. DEFINITIONS.

    In this subtitle:
            (1) Authorizing leasing statute.--The term ``authorizing 
        leasing statute'' means the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1331 et seq.), the Mineral Leasing Act (30 U.S.C. 
        181 et seq.), the Mineral Leasing Act for Acquired Lands (30 
        U.S.C. 351 et seq.), and any other law of the United States 
        directing or authorizing the leasing of Federal lands for oil 
        and gas production or transmission.
            (2) Covered oil and natural gas activity.--The term 
        ``covered oil and natural gas activity'' means--
                    (A) the leasing of any lands pursuant to an 
                authorizing leasing statute for the exploration, 
                development, production, processing, or transmission of 
                oil, natural gas, or associated hydrocarbons, including 
                actions or decisions relating to the selection of which 
                lands may or shall be made available for such leasing; 
                and
                    (B) any activity taken or proposed to be taken 
                pursuant or in relation to such leases, including their 
                suspension, and any environmental analyses relating to 
                such activity.

SEC. 122. EXCLUSIVE JURISDICTION OVER CAUSES AND CLAIMS RELATING TO 
              COVERED OIL AND NATURAL GAS ACTIVITIES.

    Notwithstanding any other provision of law, any Federal action 
approving any covered oil and natural gas activity shall be subject to 
judicial review only--
            (1) in the United States Court of Appeals for the District 
        of Columbia Circuit; and
            (2) after the person filing a petition seeking such 
        judicial review has exhausted all available administrative 
        remedies with respect to such Federal action.

SEC. 123. TIME FOR FILING PETITION; STANDING.

    (a) In General.--All petitions referred to in section 122 must be 
filed within 30 days after the latter of the challenged Federal action 
or the exhaustion of all available administrative remedies with respect 
to such Federal action. A claim or challenge shall be barred unless it 
is filed within the time specified.
    (b) Standing.--No person whose legal rights will not be directly 
and adversely affected by the challenged action, and who is not within 
the zone of interest protected by each Act under which the challenge is 
brought, shall have standing to file any petition referred to in 
section 122.

SEC. 124. TIMETABLE.

    The United States Court of Appeals for the District of Columbia 
Circuit shall complete all judicial review, including rendering a 
judgment, before the end of the 120-day period beginning on the date on 
which a petition referred to in section 122 is filed, unless all 
parties to such proceeding agree to an extension of such period.

SEC. 125. LIMITATION ON SCOPE OF REVIEW AND RELIEF.

    (a) Administrative Findings and Conclusions.--In any judicial 
review referred to in section 122, any administrative findings and 
conclusions relating to the challenged Federal action shall be presumed 
to be correct unless shown otherwise by clear and convincing evidence 
contained in the administrative record.
    (b) Limitation on Prospective Relief.--In any judicial review 
referred to in section 122, the Court shall not grant or approve any 
prospective relief unless the court finds that such relief is narrowly 
drawn, extends no further than necessary to correct the violation of a 
Federal law requirement, and is the least intrusive means necessary to 
correct the violation concerned.

SEC. 126. PRESIDENTIAL WAIVER.

    Notwithstanding any other provision of law, the President may waive 
any legal requirement relating to the approval of any covered oil and 
natural gas activity if the President determines in the President's 
sole discretion that such activity is important to the national 
interest and outweighs such legal requirement.

SEC. 127. LEGAL FEES.

    Any person filing a petition referred to in section 122 who is not 
a prevailing party shall pay to the prevailing parties (including 
intervening parties), other than the United States, fees and other 
expenses incurred by that party in connection with the judicial review, 
unless the Court finds that the position of the person was 
substantially justified or that special circumstances make an award 
unjust.

SEC. 128. EXCLUSION.

    Section 122 shall not apply to disputes between the parties to a 
lease issued pursuant to an authorizing leasing statute regarding the 
obligations of such lease or the alleged breach thereof.

                  Subtitle C--Other Energy Provisions

SEC. 131. POLICIES REGARDING BUYING AND BUILDING AMERICAN.

    (a) Intent of Congress.--It is the intent of the Congress that this 
Act, among other things, result in a healthy and growing American 
industrial, manufacturing, transportation, and service sector employing 
the vast talents of America's workforce to assist in the development of 
energy from domestic sources. Moreover, the Congress intends to 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 Act by good jobs and 
careers, as well as the establishment of important industrial 
facilities to support expanded access to American resources.
    (b) Safeguard for Extraordinary Ability.--Section 30(a) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the 
matter preceding paragraph (1) by striking ``regulations which'' and 
inserting ``regulations that shall be supplemental and complimentary 
with and under no circumstances a substitution for the provisions of 
the Constitution and laws of the United States extended to the subsoil 
and seabed of the outer Continental Shelf pursuant to section 4 of this 
Act, except insofar as such laws would otherwise apply to individuals 
who have extraordinary ability in the sciences, arts, education, or 
business, which has been demonstrated by sustained national or 
international acclaim, and that''.
    (c) Work Standards.--All construction, repair, or alteration of 
public buildings and public works of the Government and buildings or 
works financed or otherwise assisted in whole or in part under this Act 
by a loan, loan guarantee, grant, annual contribution, credit 
enhancement, or any other form of Federal assistance authorized under 
this Act shall be performed in accordance with the standards applicable 
to comparable activity under any other provision of law, without regard 
to the form or type of Federal assistance provided thereunder.

    TITLE II--MODIFYING THE STRATEGIC PETROLEUM RESERVE AND FUNDING 
            CONSERVATION AND ENERGY RESEARCH AND DEVELOPMENT

SEC. 201. FINDINGS.

    Congress finds the following:
            (1) The Strategic Petroleum Reserve (SPR) was created by 
        Congress in 1975, to protect the Nation from any future oil 
        supply disruptions. When the program was established, United 
        States refiners were capable of handling light crude and medium 
        crude and the makeup of the SPR matched this capacity. This is 
        not the case today.
            (2) A GAO analysis found that nearly half of the refineries 
        considered vulnerable to supply disruptions are not compatible 
        with the types of oil currently stored in the SPR and would be 
        unable to maintain normal refining capacity if forced to rely 
        on SPR oil as currently constituted, thereby reducing the 
        effectiveness of the SPR in the event of a supply disruption. 
        GAO concluded that the SPR should be comprised of at least 10 
        percent heavy crude.
            (3) This Act implements the GAO recommendation and 
        dedicates funds received from the transactions to existing 
        energy conservation, research, and assistance programs.

SEC. 202. DEFINITIONS.

    In this title--
            (1) the term ``light grade petroleum'' means crude oil with 
        an API gravity of 35 degrees or higher;
            (2) the term ``heavy grade petroleum'' means crude oil with 
        an API gravity of 26 degrees or lower; and
            (3) the term ``Secretary'' means the Secretary of Energy.

SEC. 203. OBJECTIVES.

    The objectives of this title are as follows:
            (1) To modernize the composition of the Strategic Petroleum 
        Reserve to reflect the current processing capabilities of 
        refineries in the United States.
            (2) To provide increased funding to accelerate 
        conservation, energy research and development, and assistance 
        through existing programs.

SEC. 204. MODIFICATION OF THE STRATEGIC PETROLEUM RESERVE.

    Notwithstanding section 161 of the Energy Policy and Conservation 
Act (42 U.S.C. 6241), the Secretary shall publish a plan not later than 
30 days after the date of enactment of this Act to--
            (1) exchange as soon as possible light grade petroleum from 
        the Strategic Petroleum Reserve, in an amount equal to 10 
        percent of the total number of barrels of crude oil in the 
        Reserve as of the date of enactment of this Act, for an 
        equivalent volume of heavy grade petroleum plus any additional 
        cash bonus bids received that reflect the difference in the 
        market value between light grade petroleum and heavy grade 
        petroleum and the timing of deliveries of the heavy grade 
        petroleum;
            (2) from the gross proceeds of the cash bonus bids, deposit 
        the amount necessary to pay for the direct administrative and 
        operational costs of the exchange into the SPR Petroleum 
        Account established under section 167 of the Energy Policy and 
        Conservation Act (42 U.S.C. 6247); and
            (3) deposit 90 percent of the remaining net proceeds from 
        the exchange into the Infrastructure Renewal Reserve 
        established in section 107.
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