[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 17 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 17

 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.


_______________________________________________________________________


                   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, 
 and Mr. Johanns) introduced the following bill; which was read twice 
     and referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 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.

    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 ``Energy Production 
and Project Delivery Act of 2013''.
    (b) 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.

                TITLE I--OUTER CONTINENTAL SHELF LEASING

SEC. 101. EXTENSION OF LEASING PROGRAM.

    (a) In General.--Subject to subsection (c), 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) shall be considered to be the final oil and gas 
leasing program under that section for the period of fiscal years 2013 
through 2018.
    (b) Final Environmental Impact Statement.--The Secretary is 
considered to have issued a final environmental impact statement for 
the program applicable to the period 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) Exceptions.--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.
    (d) Eastern Gulf of Mexico Not Included.--Nothing in this section 
affects restrictions on oil and gas leasing under the Gulf of Mexico 
Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432).

SEC. 102. LEASE SALES.

    (a) In General.--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, 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.
    (b) 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 section, not later than 2 years 
after the date of enactment of the determination and every 2 years 
thereafter, the Secretary shall--
            (1) 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
            (2) if the Secretary determines that there is a commercial 
        interest described in subsection (a), conduct a lease sale in 
        the planning area.
    (c) Exclusion From 5-Year Lease Program.--If a planning area for 
which there is a commercial interest described in subsection (a) was 
not included in a 5-year lease program, the Secretary shall include 
leasing in the planning area in the subsequent 5-year lease program.
    (d) Petitions.--If a person petitions the Secretary to conduct a 
lease sale for an outer Continental Shelf planning area in which the 
person has a commercial interest, the Secretary shall conduct a lease 
sale for the area in accordance with subsection (a).

SEC. 103. 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:
    ``(k) Applications for Permits To Drill.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall 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 the Secretary.
            ``(2) Disapproval.--If the Secretary disapproves an 
        application for a permit to drill submitted under paragraph 
        (1), the Secretary shall--
                    ``(A) provide to the applicant a description of the 
                reasons for the disapproval of the application;
                    ``(B) 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
                    ``(C) approve or disapprove any resubmitted 
                application not later than 10 days after the date the 
                application is submitted to the Secretary.''.

SEC. 104. LEASE SALES FOR CERTAIN AREAS.

    (a) In General.--As soon as practicable but not later than 1 year 
after the date of enactment of this Act, the Secretary of the Interior 
shall hold Lease Sale 220 for areas offshore of the State of Virginia.
    (b) Compliance With Other Laws.--For purposes of the Lease Sales 
described in subsection (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.).
    (c) Energy Projects in Gulf of Mexico.--
            (1) Jurisdiction.--The United States Court of Appeals for 
        the Fifth Circuit shall have exclusive jurisdiction over 
        challenges to offshore energy projects and permits to drill 
        carried out in the Gulf of Mexico.
            (2) Filing deadline.--Any civil action to challenge a 
        project or permit described in paragraph (1) shall be filed not 
        later than 60 days after the date of approval of the project or 
        the issuance of the permit.

SEC. 105. DISPOSITION OF REVENUES.

    (a) Definitions.--Section 102 of the Gulf of Mexico Energy Security 
Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended--
            (1) by redesignating paragraphs (5) through (11) as 
        paragraphs (6) through (12), respectively;
            (2) by inserting after paragraph (4) the following:
            ``(5) Coastal state.--The term `coastal State' means a 
        State with a coastal seaward boundary within 200 nautical miles 
        distance of the geographical center of a leased tract in--
                    ``(A) an outer Continental Shelf area in the Gulf 
                of Mexico OCS Region State Adjacent Zones and OCS 
                Planning Areas; and
                    ``(B) 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.'';
            (3) in paragraph (10) (as so redesignated), by striking 
        subparagraph (A) and inserting the following:
                    ``(A) In general.--The term `qualified outer 
                Continental Shelf revenues' means all rentals, 
                royalties, bonus bids, and other sums due and payable 
                to the United States from leases entered into on or 
                after--
                            ``(i) December 20, 2006, with respect to 
                        coastal States located in the Gulf of Mexico 
                        OCS Region; or
                            ``(ii) October 1, 2023, with respect to 
                        coastal States located in--
                                    ``(I) the Atlantic OCS Region;
                                    ``(II) the Pacific OCS Region; or
                                    ``(III) the Alaska OCS Region.''; 
                                and
            (4) in paragraph (11) (as so redesignated), by striking 
        ``Gulf producing State'' each place it appears and inserting 
        ``coastal State''.
    (b) Disposition of Revenues.--Section 105 of the Gulf of Mexico 
Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) 
is amended--
            (1) in the section heading, by striking ``from 181 area, 
        181 south area, and 2002-2007 planning areas of gulf of 
        mexico'';
            (2) by striking ``Gulf producing State'' each place it 
        appears (other than subsection (b)(1)) and inserting ``coastal 
        State'';
            (3) in subsection (a)(2), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) 25 percent--
                            ``(i) of the qualified outer Continental 
                        Shelf revenues described in section 
                        102(10)(A)(i)--
                                    ``(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
                                    ``(II) for any amounts in excess of 
                                the amount described in subclause (I), 
                                to the Highway Trust Fund (other than 
                                the Mass Transit Account); and
                            ``(ii) beginning in fiscal year 2024, of 
                        the qualified outer Continental Shelf revenues 
                        described in section 102(10)(A)(ii), to the 
                        Highway Trust Fund (other than the Mass Transit 
                        Account).'';
            (4) in subsection (b)--
                    (A) in the subsection heading, by striking ``Gulf 
                Producing States'' and inserting ``Coastal States''; 
                and
                    (B) in paragraph (2)--
                            (i) in the paragraph heading, by striking 
                        ``fiscal year 2017 and thereafter'' and 
                        inserting ``fiscal years 2017 through 2023''; 
                        and
                            (ii) in subparagraph (A), in the matter 
                        preceding clause (i), by striking ``fiscal year 
                        2017 and each fiscal year thereafter'' and 
                        inserting ``each of fiscal years 2017 through 
                        2023'';
                    (C) by redesignating paragraph (3) as paragraph 
                (4);
                    (D) by inserting after paragraph (2) the following:
            ``(3) Allocation among coastal states for fiscal year 2024 
        and thereafter.--
                    ``(A) In general.--Subject to subparagraph (B), 
                effective for fiscal years 2024 and each fiscal year 
                thereafter, the amount made available under subsection 
                (a)(2)(A) shall be allocated to each coastal State in 
                amounts (based on a formula established by the 
                Secretary by 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.
                    ``(B) Minimum allocation.--The amount allocated to 
                a coastal State each fiscal year under subparagraph (A) 
                shall be at least 10 percent of the amounts available 
                under subsection (a)(2)(A).''; and
                    (E) in paragraph (4) (as redesignated by 
                subparagraph (C)), by striking ``paragraphs (1) and 
                (2)'' and inserting ``paragraphs (1), (2), and (3)''; 
                and
            (5) in subsection (f), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--Subject to paragraph (2), the total 
        amount of qualified outer Continental Shelf revenues made 
        available under subsection (a)(2) shall not exceed--
                    ``(A) in the case of an outer Continental Shelf 
                area in the Gulf of Mexico OCS Region State Adjacent 
                Zones and OCS Planning Areas--
                            ``(i) $1,000,000,000 for each of fiscal 
                        years 2017 through 2024; and
                            ``(ii) $2,000,000,000 for each of fiscal 
                        years 2025 through 2055; and
                    ``(B) 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 
                in subparagraph (A), for each of fiscal years 2024 
                through 2055, $500,000,000 for each such area located 
                in--
                            ``(i) the Atlantic OCS Region;
                            ``(ii) the Pacific OCS Region; or
                            ``(iii) the Alaska OCS Region.''.
    (c) Effective Date.--The amendments made by this section take 
effect on October 1, 2013.

        TITLE II--LEASING PROGRAM FOR LAND WITHIN COASTAL PLAIN

SEC. 201. DEFINITIONS.

    In this title:
            (1) Coastal plain.--The term ``Coastal Plain'' means that 
        area described in appendix I to part 37 of title 50, Code of 
        Federal Regulations.
            (2) Peer reviewed.--The term ``peer reviewed'' means 
        reviewed--
                    (A) 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
                    (B) if individuals described in subparagraph (A) 
                are not available, by the top individuals in the 
                specified biological fields, as determined by the 
                National Academy of Sciences.
            (3) Secretary.--The term ``Secretary'', except as otherwise 
        provided, means the Secretary of the Interior or the 
        Secretary's designee.

SEC. 202. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.

    (a) In General.--The Secretary shall take such actions as are 
necessary--
            (1) to establish and implement, in accordance with this 
        title and acting through the Director of the Bureau of Land 
        Management in consultation with the Director 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
            (2) 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.
    (b) Repeal of Existing Restriction.--
            (1) Repeal.--Section 1003 of the Alaska National Interest 
        Lands Conservation Act (16 U.S.C. 3143) is repealed.
            (2) Conforming amendment.--The table of contents in section 
        1 of such Act is amended by striking the item relating to 
        section 1003.
    (c) Compliance With Requirements Under Certain Other Laws.--
            (1) Compatibility.--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.
            (2) Adequacy of the department of the interior's 
        legislative environmental impact statement.--The ``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. 
        3142) and 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 the National Environmental Policy Act of 
        1969 that apply with respect to prelease activities under this 
        title, including actions authorized to be taken by the 
        Secretary to develop and promulgate the regulations for the 
        establishment of a leasing program authorized by this title 
        before the conduct of the first lease sale.
            (3) Compliance with nepa for other actions.--Before 
        conducting the first lease sale under this title, the Secretary 
        shall prepare an environmental impact statement under the 
        National Environmental Policy Act of 1969 with respect to the 
        actions authorized by this title that are not referred to in 
        paragraph (2). Notwithstanding any other law, the Secretary is 
        not required to identify nonleasing alternative courses of 
        action or to analyze the environmental effects of such courses 
        of action. The Secretary shall 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. The Secretary shall only consider public 
        comments that specifically address the Secretary's preferred 
        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.
    (d) Relationship to State and Local Authority.--Nothing in this 
title shall be considered to expand or limit State and local regulatory 
authority.
    (e) Special Areas.--
            (1) In general.--The Secretary, 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 the Secretary determines 
        that the Special Area is of such unique character and interest 
        so as to require special management and regulatory protection. 
        The Secretary shall designate as such a Special Area the 
        Sadlerochit Spring area, comprising approximately 4,000 acres.
            (2) Management.--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.
            (3) Exclusion from leasing or surface occupancy.--The 
        Secretary may exclude any Special Area from leasing. If the 
        Secretary leases 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.
            (4) Directional drilling.--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.
    (f) Limitation on Closed Areas.--The Secretary's sole 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.
    (g) Regulations.--
            (1) In general.--The Secretary shall 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.
            (2) Revision of regulations.--The Secretary shall, through 
        a rule making conducted in accordance with section 553 of title 
        5, United States Code, periodically review and, if appropriate, 
        revise the regulations issued under subsection (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.

SEC. 203. LEASE SALES.

    (a) In General.--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.).
    (b) Procedures.--The Secretary shall, by regulation and no later 
than 180 days after the date of enactment of this Act, establish 
procedures for--
            (1) receipt and consideration of sealed nominations for any 
        area of the Coastal Plain for inclusion in, or exclusion (as 
        provided in subsection (c)) from, a lease sale;
            (2) the holding of lease sales after such nomination 
        process; and
            (3) public notice of and comment on designation of areas to 
        be included in, or excluded from, a lease sale.
    (c) Lease Sale Bids.--Lease sales under this title may be conducted 
through an Internet leasing program, if the Secretary determines 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.
    (d) Sale Acreages and Schedule.--
            (1) The Secretary shall offer for lease under this title 
        those tracts the Secretary considers to have the greatest 
        potential for the discovery of hydrocarbons, taking into 
        consideration nominations received pursuant to subsection 
        (b)(1).
            (2) The Secretary shall 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.
            (3) The Secretary shall offer for lease under this title no 
        less than an additional 50,000 acres at 6-, 12-, and 18-month 
        intervals following offering under paragraph (2).
            (4) The Secretary shall conduct four additional sales under 
        the same terms and schedule no later than two years after the 
        date of the last sale under paragraph (3), if sufficient 
        interest in leasing exists to warrant, in the Secretary's 
        judgment, the conduct of such sales.
            (5) The Secretary shall 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.

SEC. 204. GRANT OF LEASES BY THE SECRETARY.

    (a) In General.--The Secretary may grant to the highest responsible 
qualified bidder in a lease sale conducted under section 203 any lands 
to be leased on the Coastal Plain upon payment by the such bidder of 
such bonus as may be accepted by the Secretary.
    (b) Subsequent Transfers.--No lease issued under this title may be 
sold, exchanged, assigned, sublet, or otherwise transferred except with 
the approval of the Secretary. Prior to any such approval the Secretary 
shall consult with, and give due consideration to the views of, the 
Attorney General.

SEC. 205. LEASE TERMS AND CONDITIONS.

    (a) In General.--An oil or gas lease issued under this title 
shall--
            (1) provide for the payment of a royalty of not less than 
        12\1/2\ percent in amount or value of the production removed or 
        sold under the lease, as determined by the Secretary under the 
        regulations applicable to other Federal oil and gas leases;
            (2) provide that the Secretary may 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;
            (3) 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;
            (4) 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 the Secretary;
            (5) 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 the Secretary;
            (6) contain terms and conditions relating to protection of 
        fish and wildlife, their habitat, subsistence resources, and 
        the environment as required pursuant to section 202(a)(2);
            (7) 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;
            (8) prohibit the export of oil produced under the lease; 
        and
            (9) contain such other provisions as the Secretary 
        determines necessary to ensure compliance with this title and 
        the regulations issued under this title.
    (b) Negotiated Labor Agreements.--The Secretary, 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.

SEC. 206. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.

    (a) Congressional Intent.--It is the intent of the Congress that--
            (1) 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
            (2) Congress will 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.
    (b) Requirement.--The Secretary of the Interior shall 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.

SEC. 207. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

    (a) No Significant Adverse Effect Standard To Govern Authorized 
Coastal Plain Activities.--The Secretary shall, consistent with the 
requirements of section 202, administer this title through regulations, 
lease terms, conditions, restrictions, prohibitions, stipulations, and 
other provisions that--
            (1) 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;
            (2) 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
            (3) 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.
    (b) Site-Specific Assessment and Mitigation.--The Secretary shall 
also require, with respect to any proposed drilling and related 
activities, that--
            (1) 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;
            (2) a plan be implemented to avoid, minimize, and mitigate 
        (in that order and to the extent practicable) any significant 
        adverse effect identified under paragraph (1); and
            (3) the development of the plan shall occur after 
        consultation with the agency or agencies having jurisdiction 
        over matters mitigated by the plan.
    (c) Regulations To Protect Coastal Plain Fish and Wildlife 
Resources, Subsistence Users, and the Environment.--Before implementing 
the leasing program authorized by this title, the Secretary shall 
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.
    (d) 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:
            (1) 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 ``Final Legislative 
        Environmental Impact Statement'' (April 1987) on the Coastal 
        Plain.
            (2) 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.
            (3) 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 the 
        Secretary finds that such exploration will have no significant 
        adverse effect on the fish and wildlife, their habitat, and the 
        environment of the Coastal Plain.
            (4) Design safety and construction standards for all 
        pipelines and any access and service roads, that--
                    (A) minimize, to the maximum extent possible, 
                adverse effects upon the passage of migratory species 
                such as caribou; and
                    (B) minimize adverse effects upon the flow of 
                surface water by requiring the use of culverts, 
                bridges, and other structural devices.
            (5) Prohibitions on general public access and use on all 
        pipeline access and service roads.
            (6) 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 
        the Secretary determines would assist in the management of the 
        Arctic National Wildlife Refuge and that are donated to the 
        United States for that purpose.
            (7) Appropriate prohibitions or restrictions on access by 
        all modes of transportation.
            (8) Appropriate prohibitions or restrictions on sand and 
        gravel extraction.
            (9) Consolidation of facility siting.
            (10) Appropriate prohibitions or restrictions on use of 
        explosives.
            (11) 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.
            (12) Avoidance or minimization of air traffic-related 
        disturbance to fish and wildlife.
            (13) 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.
            (14) Fuel storage and oil spill contingency planning.
            (15) Research, monitoring, and reporting requirements.
            (16) Field crew environmental briefings.
            (17) Avoidance of significant adverse effects upon 
        subsistence hunting, fishing, and trapping by subsistence 
        users.
            (18) Compliance with applicable air and water quality 
        standards.
            (19) Appropriate seasonal and safety zone designations 
        around well sites, within which subsistence hunting and 
        trapping shall be limited.
            (20) Reasonable stipulations for protection of cultural and 
        archeological resources.
            (21) All other protective environmental stipulations, 
        restrictions, terms, and conditions deemed necessary by the 
        Secretary.
    (e) Considerations.--In preparing and promulgating regulations, 
lease terms, conditions, restrictions, prohibitions, and stipulations 
under this section, the Secretary shall consider the following:
            (1) 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.
            (2) 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.
            (3) 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.
    (f) Facility Consolidation Planning.--
            (1) In general.--The Secretary shall, 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.
            (2) Objectives.--The plan shall have the following 
        objectives:
                    (A) Avoiding unnecessary duplication of facilities 
                and activities.
                    (B) Encouraging consolidation of common facilities 
                and activities.
                    (C) Locating or confining facilities and activities 
                to areas that will minimize impact on fish and 
                wildlife, their habitat, and the environment.
                    (D) Utilizing existing facilities wherever 
                practicable.
                    (E) Enhancing compatibility between wildlife values 
                and development activities.
    (g) Access to Public Lands.--The Secretary shall--
            (1) 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
            (2) ensure that local residents shall have reasonable 
        access to public lands in the Coastal Plain for traditional 
        uses.

SEC. 208. EXPEDITED JUDICIAL REVIEW.

    (a) Filing of Complaint.--
            (1) Deadline.--Subject to paragraph (2), any complaint 
        seeking judicial review--
                    (A) of any provision of this title shall be filed 
                by not later than 1 year after the date of enactment of 
                this Act; or
                    (B) of any action of the Secretary under this title 
                shall be filed--
                            (i) except as provided in clause (ii), 
                        within the 90-day period beginning on the date 
                        of the action being challenged; or
                            (ii) 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.
            (2) Venue.--Any complaint seeking judicial review of any 
        provision of this title or any action of the Secretary under 
        this title may be filed only in the United States Court of 
        Appeals for the District of Columbia.
            (3) 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 the Secretary has complied with this title 
        and shall be based upon the administrative record of that 
        decision. The Secretary's identification 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.
    (b) Limitation on Other Review.--Actions of the Secretary with 
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.
    (c) 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).

SEC. 209. 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.

SEC. 210. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

    (a) In General.--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--
            (1) except as provided in paragraph (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
            (2) under title XI of the Alaska National Interest Lands 
        Conservation Act (30 U.S.C. 3161 et seq.), for access 
        authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
        3170 and 3171).
    (b) Terms and Conditions.--The Secretary shall include in any 
right-of-way or easement issued under subsection (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.
    (c) Regulations.--The Secretary shall include in regulations under 
section 202(g) provisions granting rights-of-way and easements 
described in subsection (a) of this section.

SEC. 211. CONVEYANCE.

    In order to maximize Federal revenues by removing clouds on title 
to lands and clarifying land ownership patterns within the Coastal 
Plain, the Secretary, notwithstanding section 1302(h)(2) of the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 
convey--
            (1) 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 under sections 12 and 14 of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance 
        with the terms and conditions of the Agreement between the 
        Department of the Interior, the United States Fish and Wildlife 
        Service, the Bureau of Land Management, and the Kaktovik 
        Inupiat Corporation dated January 22, 1993; and
            (2) 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.

                   TITLE III--REGULATORY STREAMLINING

SEC. 301. JURISDICTION OVER COVERED ENERGY PROJECTS.

    (a) Definition of Covered Energy Project.--In this section, the 
term ``covered energy project'' means any action or decision by a 
Federal official regarding--
            (1) 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
            (2) 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.
    (b) 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 the United States Court 
of Appeals for the Fifth Circuit.
    (c) Time for Filing Complaint.--
            (1) In general.--Each case or claim described in subsection 
        (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.
            (2) Prohibition.--Any cause or claim described in 
        subsection (b) that is not filed within the time period 
        described in paragraph (1) shall be barred.
    (d) District Court for District of Columbia Deadline.--
            (1) In general.--Each proceeding that is subject to 
        subsection (b) shall--
                    (A) be resolved as expeditiously as practicable and 
                in any event not more than 180 days after the cause or 
                claim is filed; and
                    (B) take precedence over all other pending matters 
                before the district court.
            (2) 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.
    (e) 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 the Supreme Court.

SEC. 302. ENVIRONMENTAL LEGAL FEES.

    Section 504 of title 5, United States Code, is amended by adding at 
the end the following:
    ``(g) Environmental Legal Fees.--Notwithstanding section 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)--
            ``(1) prevents, terminates, or reduces access to or the 
        production of--
                    ``(A) energy;
                    ``(B) a mineral resource;
                    ``(C) water by agricultural producers;
                    ``(D) a resource by commercial or recreational 
                fishermen; or
                    ``(E) grazing or timber production on Federal land;
            ``(2) diminishes the private property value of a property 
        owner; or
            ``(3) eliminates or prevents 1 or more jobs.''.

SEC. 303. MASTER LEASING PLANS.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of the Interior, acting through the Bureau of Land 
Management, shall not establish a master leasing plan as part of any 
guidance issued by the Secretary.
    (b) Existing Master Leasing Plans.--Instruction Memorandum No. 
2010-117 and any other master leasing plan described in subsection (a) 
issued on or before the date of enactment of this Act shall have no 
force or effect.

SEC. 304. NATIONAL MONUMENTS.

    Section 2 of the Act of June 8, 1906 (commonly known as the 
``Antiquities Act of 1906'') (16 U.S.C. 431), is amended in the first 
sentence by striking ``, in his discretion, to declare by public 
proclamation'' and inserting ``to declare, subject to approval by an 
Act of Congress,''.

SEC. 305. CARBON DIOXIDE AND OTHER GREENHOUSE GAS EMISSIONS REDUCTIONS 
              IN CHINA, INDIA, AND RUSSIA.

    (a) Definition of Administrator.--In this section, the term 
``Administrator'' means the Administrator of the Environmental 
Protection Agency.
    (b) Findings.--Congress finds that--
            (1) in 1997, the Senate adopted Senate Resolution 98, 105th 
        Congress, agreed to July 25, 1997, which expressed the sense of 
        the Senate that 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
            (2) the Administrator continues 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.
    (c) Carbon Dioxide or Greenhouse Gas Emissions Reductions.--
Notwithstanding any other provision of law, the Administrator or 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 the Administrator, the Administrator of the Energy Information 
Agency, and the Secretary of Commerce certify in writing that--
            (1) 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
            (2) the reductions described in paragraph (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.
    (d) Repeal.--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 under subsection (c) is made, that requires any 
carbon dioxide or other greenhouse gas emissions reduction shall have 
no force or effect.

SEC. 306. EMPLOYMENT EFFECTS OF ACTIONS UNDER CLEAN AIR ACT.

    Section 321(b) of the Clean Air Act (42 U.S.C. 7621(b)) is 
amended--
            (1) by designating the first through eighth sentences as 
        paragraphs (1) through (8), respectively; and
            (2) by adding at the end the following:
            ``(9) Economic analysis.--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 in paragraph (1), the Administrator 
        shall--
                    ``(A) conduct a full economic analysis of the 
                requirement; and
                    ``(B) make the data, methodologies, and results of 
                the analysis available to the public.
            ``(10) Economic review board.--
                    ``(A) In general.--Not later than 30 days after the 
                date on which the Administrator makes the results of an 
                economic analysis of a requirement available to the 
                public under paragraph (9)(B), the Secretary of 
                Commerce shall establish an economic review board 
                consisting of a representative from each Federal agency 
                with jurisdiction over affected industries to assess--
                            ``(i) the cumulative economic impact of the 
                        requirement, including the direct, indirect, 
                        quantifiable, and qualitative effects;
                            ``(ii) the cost of compliance with the 
                        requirement;
                            ``(iii) the effect of the requirement on 
                        the retirement or closure of domestic 
                        businesses;
                            ``(iv) energy sectors that could be 
                        expected to retire units as a result of the 
                        requirement;
                            ``(v) the impact of the requirement on the 
                        price of electricity, oil, gas, coal, and 
                        renewable resources;
                            ``(vi) the economic harm to consumers 
                        resulting from the requirement;
                            ``(vii) 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;
                            ``(viii) the regions of the United States 
                        that are forecasted to be--
                                    ``(I) 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
                                    ``(II) least affected from adverse 
                                impacts described in subclause (I) due 
                                to the creation of new jobs and 
                                economic growth that are expected to 
                                result directly and indirectly from 
                                energy construction projects;
                            ``(ix) the adverse impacts of the 
                        requirement on electric reliability that are 
                        expected to result from the retirement of 
                        electric generation;
                            ``(x) the geographical distribution of the 
                        projected adverse electric reliability impacts 
                        of the requirement;
                            ``(xi) 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;
                            ``(xii) the potential economic impacts as a 
                        result of outsourcing; and
                            ``(xiii) other direct and indirect impacts 
                        that are expected to result from the cumulative 
                        obligation to comply with the requirement.
                    ``(B) Report.--Not later than 30 days after the 
                date on which the economic review board completes the 
                assessment of a requirement under subparagraph (A), the 
                economic review board shall submit to Congress, the 
                President, and the Secretary a report that describes 
                the results of the assessment.
                    ``(C) Regulations.--The Administrator shall not 
                promulgate regulations to implement a requirement 
                described in paragraph (1) until at least 60 days after 
                the date of submission of the report on the requirement 
                under subparagraph (B).''.

SEC. 307. ENDANGERED SPECIES.

    (a) Emergencies.--Section 10 of the Endangered Species Act of 1973 
(16 U.S.C. 1539) is amended by adding at the end the following:
    ``(k) Emergencies.--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.''.
    (b) Prohibition of Consideration of Impact of Greenhouse Gases and 
Climate Change.--
            (1) In general.--The Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) is amended by adding at the end the 
        following:

``SEC. 19. PROHIBITION OF CONSIDERATION OF IMPACT OF GREENHOUSE GASES 
              AND CLIMATE CHANGE.

    ``(a) Definition of Greenhouse Gas.--In this section, the term 
`greenhouse gas' means any of--
            ``(1) carbon dioxide;
            ``(2) methane;
            ``(3) nitrous oxide;
            ``(4) sulfur hexafluoride;
            ``(5) a hydrofluorocarbon;
            ``(6) a perfluorocarbon; or
            ``(7) any other anthropogenic gas designated by the 
        Secretary for purposes of this section.
    ``(b) 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.''.
            (2) Conforming amendment.--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.''.

SEC. 308. CENTRAL VALLEY PROJECT.

    The Act of August 27, 1954 (68 Stat. 879, chapter 1012; 16 U.S.C. 
695d et seq.) is amended by adding at the end the following:

``SEC. 9. EFFECT OF BIOLOGICAL OPINIONS.

    ``Notwithstanding any other provision of law, in connection with 
the Central Valley Project, the Bureau of Reclamation and 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.''.

SEC. 309. KEYSTONE XL PERMIT APPROVAL.

    (a) In General.--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 the Department of State for the northern 
portion of the Keystone XL pipeline from the Canadian border to the 
border between the States of South Dakota and Nebraska.
    (b) Environmental Impact Statement.--The final environmental impact 
statement issued by the Secretary of State on August 26, 2011, 
regarding the pipeline referred to in subsection (a), shall be 
considered to satisfy all requirements of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (c) Intrastate Portion.--
            (1) In general.--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. Sec. 57-1503(1) and approved by the 
        Governor of the State shall be considered approved.
            (2) Environmental impact statements.--The Final Evaluation 
        Report described in paragraph (1) shall be considered to 
        satisfy all requirements of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.).
    (d) Critical Habitat.--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.
    (e) Permits.--Any Federal permit or authorization issued before the 
date of enactment of this Act for the pipeline and cross-border 
facilities described in subsections (a) and (b), and the related 
facilities in the United States, shall remain in effect.
    (f) Federal Judicial Review.--The pipeline and cross-border 
facilities described in subsections (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 the United States Court of Appeals 
for the District of Columbia Circuit.

SEC. 310. DRAKES BAY OYSTER COMPANY.

    Notwithstanding any other provision of law (including the 
memorandum of the Secretary of the Interior dated November 29, 2012, 
with the subject entitled ``Point Reyes National Seashore-Drakes Bay 
Oyster Company'')--
            (1) the Secretary of the Interior, acting through the 
        Director of the National Park Service, shall--
                    (A) 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
                    (B) 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
            (2) Drakes Estero in the State of California shall not be 
        converted to a designated wilderness.
                                 <all>