Title III — S. 17 (Introduced in Senate)

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:

“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. 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:

“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. § 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.

Title III — Regulatory streamlining

III Regulatory streamlining