[Congressional Record Volume 161, Number 9 (Tuesday, January 20, 2015)]
[Senate]
[Page S296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 71. Mr. LEE submitted an amendment intended to be proposed by him
to the bill S. 1, to approve the Keystone XL Pipeline; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. APPLICATIONS FOR PERMITS TO DRILL REFORM AND
PROCESS.
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p))
is amended by striking paragraph (2) and inserting the
following:
``(2) Applications for permits to drill reform and
process.--
``(A) Timeline.--
``(i) In general.--The Secretary shall decide whether to
issue a permit to drill not later than 30 days after
receiving an application for the permit.
``(ii) Extension.--The Secretary may extend the period in
clause (i) for up to 2 periods of 15 days each, if the
Secretary has given written notice of the delay to the
applicant.
``(iii) Notice requirements.--Written notice under clause
(ii) shall--
``(I) be in the form of a letter from the Secretary or a
designee of the Secretary; and
``(II) include the names and titles of the persons
processing the application, the specific reasons for the
delay, and a specific date a final decision on the
application is expected.
``(B) Notice of reasons for denial.--If the application is
denied, the Secretary shall provide the applicant--
``(i) in writing, clear and comprehensive reasons why the
application was not accepted and detailed information
concerning any deficiencies; and
``(ii) an opportunity to remedy any deficiencies.
``(C) Application considered approved.--
``(i) In general.--If the Secretary has not made a decision
on the application by the end of the 60-day period beginning
on the date the application is received by the Secretary, the
application is considered approved, except in cases in which
existing reviews under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) or the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) are incomplete.
``(ii) Environmental reviews.--Existing reviews under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) shall be completed not later than 180 days after
receiving an application for the permit.
``(iii) Failure to complete.--If all existing reviews are
not completed during the 180-day period described in clause
(ii), the project subject to the application shall be
considered to have no significant impact in accordance with
section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) and section 7(a)(2) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) and
that classification shall be considered to be a final agency
action.
``(D) Denial of permit.--If the Secretary decides not to
issue a permit to drill in accordance with subparagraph (A),
the Secretary shall--
``(i) provide to the applicant a description of the reasons
for the denial of the permit;
``(ii) allow the applicant to resubmit an application for a
permit to drill during the 10-day period beginning on the
date the applicant receives the description of the denial
from the Secretary; and
``(iii) issue or deny any resubmitted application not later
than 10 days after the date the application is submitted to
the Secretary.
``(E) Judicial review.--Actions of the Secretary carried
out in accordance with this paragraph shall not be subject to
judicial review.''.
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