,,ii #aacth ,,congress #ast ,session ,s4 #ag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bg1 #bjac ,mr4 ,vitter 7for himself1 ,mr4 ,barrasso1 ,mr4 ,blunt1 ,mr4 ,chambliss1 ,mr4 ,coats1 ,mr4 ,cochran1 ,mr4 ,cornyn1 ,mr4 ,crapo1 ,mr4 ,cruz1 ,mr4 ,enzi1 ,mr4 ,heller1 ,mr4 ,hoeven1 ,mr4 ,inhofe1 ,mr4 ,isakson1 ,mr4 ,johnson of ,wisconsin1 ,mr4 ,risch1 ,mr4 ,shelby1 ,mr4 ,toomey1 ,mr4 ,wicker1 ,mr4 ,sessions1 ,mr4 ,lee1 and ,mr4 ,johanns7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to stimulate the economy1 produce domestic energy1 and create jobs at no cost to the taxpayers1 and without borrowing money from foreign governments for which our children and grandchildren will be responsible1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,energy ,production and ,project ,delivery ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,outer ,continental ,shelf leasing ,sec4 #aja4 ,extension of leasing program4 ,sec4 #ajb4 ,lease sales4 ,sec4 #ajc4 ,applications for permits to drill4 ,sec4 #ajd4 ,lease sales for certain areas4 ,sec4 #aje4 ,disposition of revenues4 ,,title ,,ii--,leasing program for land within ,coastal ,plain ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,leasing program for lands within the ,coastal ,plain4 ,sec4 #bjc4 ,lease sales4 ,sec4 #bjd4 ,grant of leases by the ,secretary4 ,sec4 #bje4 ,lease terms and conditions4 ,sec4 #bjf4 ,policies regarding buying1 building1 and working for ,america4 ,sec4 #bjg4 ,coastal ,plain environmental protection4 ,sec4 #bjh4 ,expedited judicial review4 ,sec4 #bji4 ,treatment of revenues4 ,sec4 #baj4 ,rights-of-way across the ,coastal ,plain4 ,sec4 #baa4 ,conveyance4 ,,title ,,iii--,regulatory streamlining ,sec4 #cja4 ,jurisdiction over covered energy projects4 ,sec4 #cjb4 ,environmental legal fees4 ,sec4 #cjc4 ,master leasing plans4 ,sec4 #cjd4 ,national monuments4 ,sec4 #cje4 ,carbon dioxide and other greenhouse gas emissions reductions in ,china1 ,india1 and ,russia4 ,sec4 #cjf4 ,employment effects of actions under ,clean ,air ,act4 ,sec4 #cjg4 ,endangered species4 ,sec4 #cjh4 ,central ,valley ,project4 ,sec4 #cji4 ,keystone ,,xl permit approval4 ,sec4 #caj4 ,drakes ,bay ,oyster ,company4 ,i ,outer ,continental ,shelf leasing #aja4 ,extension of leasing program 7a7 ,in general ,subject to subsection 7c71 the ,draft ,proposed ,outer ,continental ,shelf ,oil and ,gas ,leasing ,program #bjaj-bjae issued by the ,secretary of the ,interior 7referred to in this section as the ,secretary7 under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7 shall be considered to be the final oil and gas leasing program under that section for the period of fiscal years #bjac through #bjah4 7b7 ,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 7a7 in accordance with all requirements under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7c7 ,exceptions ,lease ,sales #bad1 #bcb1 and #bci shall not be included in the final oil and gas leasing program for the period of fiscal years #bjac through #bjah4 7d7 ,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 #bjjf 7#dc ,u4,s4,c4 #acca note2 ,public ,law #aji-dcb74 #ajb4 ,lease sales 7a7 ,in general ,except as otherwise provided in this section1 not later than #ahj days after the date of enactment of this ,act and every #bgj days thereafter1 the ,secretary of the ,interior 7referred to in this section as the ,secretary7 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 ,shelf4 7b7 ,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 section1 not later than #b years after the date of enactment of the determination and every #b years thereafter1 the ,secretary shall-- 7#a7 determine whether there is a commercial interest in purchasing ,federal oil and gas leases for production on the outer ,continental ,shelf in the planning area2 and 7#b7 if the ,secretary determines that there is a commercial interest described in subsection 7a71 conduct a lease sale in the planning area4 7c7 ,exclusion from #e-,year lease program ,if a planning area for which there is a commercial interest described in subsection 7a7 was not included in a #e-year lease program1 the ,secretary shall include leasing in the planning area in the subsequent #e-year lease program4 7d7 ,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 interest1 the ,secretary shall conduct a lease sale for the area in accordance with subsection 7a74 #ajc4 ,applications for permits to drill ,section #e of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accd7 is amended by adding at the end the following3 7k7 ,applications for permits ,to drill 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall approve or disapprove an application for a permit to drill submitted under this ,act not later than #bj days after the date the application is submitted to the ,secretary4 7#b7 ,disapproval ,if the ,secretary disapproves an application for a permit to drill submitted under paragraph 7#a71 the ,secretary shall-- 7,a7 provide to the applicant a description of the reasons for the disapproval of the application2 7,b7 allow the applicant to resubmit an application during the #aj-;day period beginning on the date of the receipt of the description by the applicant2 and 7,c7 approve or disapprove any resubmitted application not later than #aj days after the date the application is submitted to the ,secretary4 4 #ajd4 ,lease sales for certain areas 7a7 ,in general ,as soon as practicable but not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior shall hold ,lease ,sale #bbj for areas offshore of the ,state of ,virginia4 7b7 ,compliance with other laws ,for purposes of the ,lease ,sales described in subsection 7a71 the ,environmental ,impact ,statement for the #bjaj-bjae-,year ,,ocs ,plan and the applicable ,multi-,sale ,environmental ,impact ,statement shall be considered to satisfy the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7c7 ,energy projects in ,gulf of ,mexico 7#a7 ,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 ,mexico4 7#b7 ,filing deadline ,any civil action to challenge a project or permit described in paragraph 7#a7 shall be filed not later than #fj days after the date of approval of the project or the issuance of the permit4 #aje4 ,disposition of revenues 7a7 ,definitions ,section #ajb of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note2 ,public ,law #aji-dcb7 is amended-- 7#a7 by redesignating paragraphs 7#e7 through 7#aa7 as paragraphs 7#f7 through 7#ab71 respectively2 7#b7 by inserting after paragraph 7#d7 the following3 7#e7 ,coastal ,state ,the term coastal ,state means a ,state with a coastal seaward boundary within #bjj nautical miles distance of the geographical center of a leased tract in-- 7,a7 an outer ,continental ,shelf area in the ,gulf of ,mexico ,,ocs ,region ,state ,adjacent ,zones and ,,ocs ,planning ,areas2 and 7,b7 effective for fiscal year #bjbd and each fiscal year thereafter1 an outer ,continental ,shelf area in any ,,ocs ,region ,state ,adjacent ,zones and ,,ocs ,planning ,areas4 2 7#c7 in paragraph 7#aj7 7as so redesignated71 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general ,the term qualified outer ,continental ,shelf revenues means all rentals1 royalties1 bonus bids1 and other sums due and payable to the ,united ,states from leases entered into on or after-- 7i7 ,december #bj1 #bjjf1 with respect to coastal ,states located in the ,gulf of ,mexico ,,ocs ,region2 or 7ii7 ,october #a1 #bjbc1 with respect to coastal ,states located in-- 7,i7 the ,atlantic ,,ocs ,region2 7,,ii7 the ,pacific ,,ocs ,region2 or 7,,iii7 the ,alaska ,,ocs ,region4 2 and 7#d7 in paragraph 7#aa7 7as so redesignated71 by striking ,gulf producing ,state each place it appears and inserting coastal ,state4 7b7 ,disposition of revenues ,section #aje of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note2 ,public ,law #aji-dcb7 is amended-- 7#a7 in the section heading1 by striking from #aha ,area1 #aha ,south ,area1 and #bjjb-bjjg planning areas of gulf of mexico2 7#b7 by striking ,gulf producing ,state each place it appears 7other than subsection 7b77#a77 and inserting coastal ,state2 7#c7 in subsection 7a77#b71 by striking subparagraph 7,b7 and inserting the following3 7,b7 #be percent-- 7i7 of the qualified outer ,continental ,shelf revenues described in section #ajb7aj77;,a77i7-- 7,i7 to provide financial assistance to ,states in accordance with section #f of the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#h71 which shall be considered to be income to the ,land and ,water ,conservation ,fund for purposes of section #b of that ,act 7#af ,u4,s4,c4 #dfjl-#e71 to a maximum amount of #abe1jjj1jjj2 and 7,,ii7 for any amounts in excess of the amount described in subclause 7,i71 to the ,highway ,trust ,fund 7other than the ,mass ,transit ,account72 and 7ii7 beginning in fiscal year #bjbd1 of the qualified outer ,continental ,shelf revenues described in section #ajb7aj77;,a77ii71 to the ,highway ,trust ,fund 7other than the ,mass ,transit ,account74 2 7#d7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking ,gulf producing ,states and inserting coastal ,states2 and 7,b7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by striking fiscal year #bjag and thereafter and inserting fiscal years #bjag through #bjbc2 and 7ii7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking fiscal year #bjag and each fiscal year thereafter and inserting each of fiscal years #bjag through #bjbc2 7,c7 by redesignating paragraph 7#c7 as paragraph 7#d72 7,d7 by inserting after paragraph 7#b7 the following3 7#c7 ,allocation among coastal ,states for fiscal year #bjbd and thereafter 7,a7 ,in general ,subject to subparagraph 7,b71 effective for fiscal years #bjbd and each fiscal year thereafter1 the amount made available under subsection 7a77#b77;,a7 shall be allocated to each coastal ,state in amounts 7based on a formula established by the ,secretary by regulation7 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 tract4 7,b7 ,minimum allocation ,the amount allocated to a coastal ,state each fiscal year under subparagraph 7,a7 shall be at least #aj percent of the amounts available under subsection 7a77#b77;,a74 2 and 7,e7 in paragraph 7#d7 7as redesignated by subparagraph 7,c771 by striking paragraphs 7#a7 and 7#b7 and inserting paragraphs 7#a71 7#b71 and 7#c72 and 7#e7 in subsection 7f71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,subject to paragraph 7#b71 the total amount of qualified outer ,continental ,shelf revenues made available under subsection 7a77#b7 shall not exceed-- 7,a7 in the case of an outer ,continental ,shelf area in the ,gulf of ,mexico ,,ocs ,region ,state ,adjacent ,zones and ,,ocs ,planning ,areas-- 7i7 #a1jjj1jjj1jjj for each of fiscal years #bjag through #bjbd2 and 7ii7 #b1jjj1jjj1jjj for each of fiscal years #bjbe through #bjee2 and 7,b7 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 7,a71 for each of fiscal years #bjbd through #bjee1 #ejj1jjj1jjj for each such area located in-- 7i7 the ,atlantic ,,ocs ,region2 7ii7 the ,pacific ,,ocs ,region2 or 7iii7 the ,alaska ,,ocs ,region4 4 7c7 ,effective date ,the amendments made by this section take effect on ,october #a1 #bjac4 ,,ii ,leasing program for land within ,coastal ,plain #bja4 ,definitions ,in this title3 7#a7 ,coastal plain ,the term ,coastal ,plain means that area described in appendix ,i to part #cg of title #ej1 ,code of ,federal ,regulations4 7#b7 ,peer reviewed ,the term peer reviewed means reviewed-- 7,a7 by individuals chosen by the ,national ,academy of ,sciences with no contractual relationship with1 or those who have no application for a grant or other funding pending with1 the ,federal agency with leasing jurisdiction2 or 7,b7 if individuals described in subparagraph 7,a7 are not available1 by the top individuals in the specified biological fields1 as determined by the ,national ,academy of ,sciences4 7#c7 ,secretary ,the term ,secretary1 except as otherwise provided1 means the ,secretary of the ,interior or the ,secretary's designee4 #bjb4 ,leasing program for lands within the ,coastal ,plain 7a7 ,in general ,the ,secretary shall take such actions as are necessary-- 7#a7 to establish and implement1 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 ,service1 a competitive oil and gas leasing program that will result in the exploration1 development1 and production of the oil and gas resources of the ,coastal ,plain2 and 7#b7 to administer the provisions of this title through regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other provisions that ensure the oil and gas exploration1 development1 and production activities on the ,coastal ,plain will result in no significant adverse effect on fish and wildlife1 their habitat1 subsistence resources1 and the environment1 including1 in furtherance of this goal1 by requiring the application of the best commercially available technology for oil and gas exploration1 development1 and production to all exploration1 development1 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 leased4 7b7 ,repeal of existing restriction 7#a7 ,repeal ,section #ajjc of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cadc7 is repealed4 7#b7 ,conforming amendment ,the table of contents in section #a of such ,act is amended by striking the item relating to section #ajjc4 7c7 ,compliance with requirements under certain other laws 7#a7 ,compatibility ,for purposes of the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd et seq471 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 established1 and no further findings or decisions are required to implement this determination4 7#b7 ,adequacy of the ,department of the ,interior's legislative environmental impact statement ,the ,final ,legislative ,environmental ,impact ,statement 7,april #aihg7 on the ,coastal ,plain prepared pursuant to section #ajjb of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cadb7 and section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 is deemed to satisfy the requirements under the ,national ,environmental ,policy ,act of #aifi that apply with respect to prelease activities under this title1 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 sale4 7#c7 ,compliance with ,,nepa for other actions ,before conducting the first lease sale under this title1 the ,secretary shall prepare an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi with respect to the actions authorized by this title that are not referred to in paragraph 7#b74 ,notwithstanding any other law1 the ,secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action4 ,the ,secretary shall only identify a preferred action for such leasing and a single leasing alternative1 and analyze the environmental effects and potential mitigation measures for those two alternatives4 ,the identification of the preferred action and related analysis for the first lease sale under this title shall be completed within #ah months after the date of enactment of this ,act4 ,the ,secretary shall only consider public comments that specifically address the ,secretary's preferred action and that are filed within #bj days after publication of an environmental analysis4 ,notwithstanding any other law1 compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title4 7d7 ,relationship to ,state and local authority ,nothing in this title shall be considered to expand or limit ,state and local regulatory authority4 7e7 ,special areas 7#a7 ,in general ,the ,secretary1 after consultation with the ,state of ,alaska1 the city of ,kaktovik1 and the ,north ,slope ,borough1 may designate up to a total of #de1jjj 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 protection4 ,the ,secretary shall designate as such a ,special ,area the ,sadlerochit ,spring area1 comprising approximately #d1jjj acres4 7#b7 ,management ,each such ,special ,area shall be managed so as to protect and preserve the area's unique and diverse character including its fish1 wildlife1 and subsistence resource values4 7#c7 ,exclusion from leasing or surface occupancy ,the ,secretary may exclude any ,special ,area from leasing4 ,if the ,secretary leases a ,special ,area1 or any part thereof1 for purposes of oil and gas exploration1 development1 production1 and related activities1 there shall be no surface occupancy of the lands comprising the ,special ,area4 7#d7 ,directional drilling ,notwithstanding the other provisions of this subsection1 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 ,area4 7f7 ,limitation on closed areas ,the ,secretary's sole authority to close lands within the ,coastal ,plain to oil and gas leasing and to exploration1 development1 and production is that set forth in this title4 7g7 ,regulations 7#a7 ,in general ,the ,secretary shall prescribe such regulations as may be necessary to carry out this title1 including regulations relating to protection of the fish and wildlife1 their habitat1 subsistence resources1 and environment of the ,coastal ,plain1 by no later than #ae months after the date of enactment of this ,act4 7#b7 ,revision of regulations ,the ,secretary shall1 through a rule making conducted in accordance with section #eec of title #e1 ,united ,states ,code1 periodically review and1 if appropriate1 revise the regulations issued under subsection 7a7 to reflect a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate1 documented scientific procedures1 the results of which can be repeated using those same procedures4 #bjc4 ,lease sales 7a7 ,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 7#cj ,u4,s4,c4 #aha et seq474 7b7 ,procedures ,the ,secretary shall1 by regulation and no later than #ahj days after the date of enactment of this ,act1 establish procedures for-- 7#a7 receipt and consideration of sealed nominations for any area of the ,coastal ,plain for inclusion in1 or exclusion 7as provided in subsection 7c77 from1 a lease sale2 7#b7 the holding of lease sales after such nomination process2 and 7#c7 public notice of and comment on designation of areas to be included in1 or excluded from1 a lease sale4 7c7 ,lease sale bids ,lease sales under this title may be conducted through an ,internet leasing program1 if the ,secretary determines that such a system will result in savings to the taxpayer1 an increase in the number of bidders participating1 and higher returns than oral bidding or a sealed bidding system4 7d7 ,sale acreages and schedule 7#a7 ,the ,secretary shall offer for lease under this title those tracts the ,secretary considers to have the greatest potential for the discovery of hydrocarbons1 taking into consideration nominations received pursuant to subsection 7b77#a74 7#b7 ,the ,secretary shall offer for lease under this title no less than #ej1jjj acres for lease within #bb months after the date of the enactment of this ,act4 7#c7 ,the ,secretary shall offer for lease under this title no less than an additional #ej1jjj acres at #f-1 #ab-1 and #ah-month intervals following offering under paragraph 7#b74 7#d7 ,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 7#c71 if sufficient interest in leasing exists to warrant1 in the ,secretary's judgment1 the conduct of such sales4 7#e7 ,the ,secretary shall evaluate the bids in each sale and issue leases resulting from such sales1 within #ij days after the date of the completion of such sale4 #bjd4 ,grant of leases by the ,secretary 7a7 ,in general ,the ,secretary may grant to the highest responsible qualified bidder in a lease sale conducted under section #bjc any lands to be leased on the ,coastal ,plain upon payment by the such bidder of such bonus as may be accepted by the ,secretary4 7b7 ,subsequent transfers ,no lease issued under this title may be sold1 exchanged1 assigned1 sublet1 or otherwise transferred except with the approval of the ,secretary4 ,prior to any such approval the ,secretary shall consult with1 and give due consideration to the views of1 the ,attorney ,general4 #bje4 ,lease terms and conditions 7a7 ,in general ,an oil or gas lease issued under this title shall-- 7#a7 provide for the payment of a royalty of not less than #ab percent in amount or value of the production removed or sold under the lease1 as determined by the ,secretary under the regulations applicable to other ,federal oil and gas leases2 7#b7 provide that the ,secretary may close1 on a seasonal basis1 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 appropriate1 documented scientific procedures1 the results of which can be repeated using those same procedures2 7#c7 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 exploration1 development1 production1 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 lessee2 7#d7 provide that the lessee may not delegate or convey1 by contract or otherwise1 the reclamation responsibility and liability to another person without the express written approval of the ,secretary2 7#e7 provide that the standard of reclamation for lands required to be reclaimed under this title shall be1 as nearly as practicable1 a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration1 development1 or production activities1 or upon application by the lessee1 to a higher or better use as certified by the ,secretary2 7#f7 contain terms and conditions relating to protection of fish and wildlife1 their habitat1 subsistence resources1 and the environment as required pursuant to section #bjb7;a77#b72 7#g7 provide that the lessee1 its agents1 and its contractors use best efforts to provide a fair share1 as determined by the level of obligation previously agreed to in the #aigd agreement implementing section #bi of the ,federal ,agreement and ,grant of ,right of ,way for the ,operation of the ,trans-,alaska ,pipeline1 of employment and contracting for ,alaska ,natives and ,alaska ,native corporations from throughout the ,state2 7#h7 prohibit the export of oil produced under the lease2 and 7#i7 contain such other provisions as the ,secretary determines necessary to ensure compliance with this title and the regulations issued under this title4 7b7 ,negotiated labor agreements ,the ,secretary1 as a term and condition of each lease under this title1 shall require that the lessee and its agents and contractors negotiate to obtain an agreement for the employment of laborers and mechanics on production1 maintenance1 and construction under the lease4 #bjf4 ,policies regarding buying1 building1 and working for ,america 7a7 ,congressional intent ,it is the intent of the ,congress that-- 7#a7 this title will support a healthy and growing ,united ,states domestic energy sector that1 in turn1 helps to reinvigorate ,american manufacturing1 transportation1 and service sectors by employing the vast talents of ,united ,states workers to assist in the development of energy from domestic sources2 and 7#b7 ,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 careers1 as well as the establishment of important industrial facilities to support expanded access to ,american resources4 7b7 ,requirement ,the ,secretary of the ,interior shall when possible1 and practicable1 encourage the use of ,united ,states workers and equipment manufactured in the ,united ,states in all construction related to mineral development on the ,coastal ,plain4 #bjg4 ,coastal ,plain environmental protection 7a7 ,no significant adverse effect standard ,to govern authorized ,coastal ,plain activities ,the ,secretary shall1 consistent with the requirements of section #bjb1 administer this title through regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other provisions that-- 7#a7 ensure the oil and gas exploration1 development1 and production activities on the ,coastal ,plain will result in no significant adverse effect on fish and wildlife1 their habitat1 and the environment2 7#b7 require the application of the best commercially available technology for oil and gas exploration1 development1 and production on all new exploration1 development1 and production operations2 and 7#c7 ensure that the maximum amount of surface acreage covered by production and support facilities1 including airstrips and any areas covered by gravel berms or piers for support of pipelines1 does not exceed #aj1jjj acres on the ,coastal ,plain for each #ajj1jjj acres of area leased4 7b7 ,site-,specific assessment and mitigation ,the ,secretary shall also require1 with respect to any proposed drilling and related activities1 that-- 7#a7 a site-specific analysis be made of the probable effects1 if any1 that the drilling or related activities will have on fish and wildlife1 their habitat1 subsistence resources1 and the environment2 7#b7 a plan be implemented to avoid1 minimize1 and mitigate 7in that order and to the extent practicable7 any significant adverse effect identified under paragraph 7#a72 and 7#c7 the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan4 7c7 ,regulations ,to protect ,coastal ,plain fish and wildlife resources1 subsistence users1 and the environment ,before implementing the leasing program authorized by this title1 the ,secretary shall prepare and promulgate regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 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 title4 7d7 ,compliance with ,federal and ,state environmental laws and other requirements ,the proposed regulations1 lease terms1 conditions1 restrictions1 prohibitions1 and stipulations for the leasing program under this title shall require compliance with all applicable provisions of ,federal and ,state environmental law1 and shall also require the following3 7#a7 ,standards at least as effective as the safety and environmental mitigation measures set forth in items #a through #bi at pages #afg through #afi of the ,final ,legislative ,environmental ,impact ,statement 7,april #aihg7 on the ,coastal ,plain4 7#b7 ,seasonal limitations on exploration1 development1 and related activities1 where necessary1 to avoid significant adverse effects during periods of concentrated fish and wildlife breeding1 denning1 nesting1 spawning1 and migration based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate1 documented scientific procedures1 the results of which can be repeated using those same procedures4 7#c7 ,that exploration activities1 except for surface geological studies1 be limited to the period between approximately ,november #a and ,may #a each year and that exploration activities shall be supported1 if necessary1 by ice roads1 winter trails with adequate snow cover1 ice pads1 ice airstrips1 and air transport methods1 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 wildlife1 their habitat1 and the environment of the ,coastal ,plain4 7#d7 ,design safety and construction standards for all pipelines and any access and service roads1 that-- 7,a7 minimize1 to the maximum extent possible1 adverse effects upon the passage of migratory species such as caribou2 and 7,b7 minimize adverse effects upon the flow of surface water by requiring the use of culverts1 bridges1 and other structural devices4 7#e7 ,prohibitions on general public access and use on all pipeline access and service roads4 7#f7 ,stringent reclamation and rehabilitation requirements1 consistent with the standards set forth in this title1 requiring the removal from the ,coastal ,plain of all oil and gas development and production facilities1 structures1 and equipment upon completion of oil and gas production operations1 except that the ,secretary may exempt from the requirements of this paragraph those facilities1 structures1 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 purpose4 7#g7 ,appropriate prohibitions or restrictions on access by all modes of transportation4 7#h7 ,appropriate prohibitions or restrictions on sand and gravel extraction4 7#i7 ,consolidation of facility siting4 7#aj7 ,appropriate prohibitions or restrictions on use of explosives4 7#aa7 ,avoidance1 to the extent practicable1 of springs1 streams1 and river systems2 the protection of natural surface drainage patterns1 wetlands1 and riparian habitats2 and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling4 7#ab7 ,avoidance or minimization of air traffic-related disturbance to fish and wildlife4 7#ac7 ,treatment and disposal of hazardous and toxic wastes1 solid wastes1 reserve pit fluids1 drilling muds and cuttings1 and domestic wastewater1 including an annual waste management report1 a hazardous materials tracking system1 and a prohibition on chlorinated solvents1 in accordance with applicable ,federal and ,state environmental law4 7#ad7 ,fuel storage and oil spill contingency planning4 7#ae7 ,research1 monitoring1 and reporting requirements4 7#af7 ,field crew environmental briefings4 7#ag7 ,avoidance of significant adverse effects upon subsistence hunting1 fishing1 and trapping by subsistence users4 7#ah7 ,compliance with applicable air and water quality standards4 7#ai7 ,appropriate seasonal and safety zone designations around well sites1 within which subsistence hunting and trapping shall be limited4 7#bj7 ,reasonable stipulations for protection of cultural and archeological resources4 7#ba7 ,all other protective environmental stipulations1 restrictions1 terms1 and conditions deemed necessary by the ,secretary4 7e7 ,considerations ,in preparing and promulgating regulations1 lease terms1 conditions1 restrictions1 prohibitions1 and stipulations under this section1 the ,secretary shall consider the following3 7#a7 ,the stipulations and conditions that govern the ,national ,petroleum ,reserve-,alaska leasing program1 as set forth in the #aiii ,northeast ,national ,petroleum ,reserve-,alaska ,final ,integrated ,activity ,plan_/,environmental ,impact ,statement4 7#b7 ,the environmental protection standards that governed the initial ,coastal ,plain seismic exploration program under parts #cg4ca to #cg4cc of title #ej1 ,code of ,federal ,regulations4 7#c7 ,the land use stipulations for exploratory drilling on the ,,kic-,,asrc private lands that are set forth in appendix #b of the ,august #i1 #aihc1 agreement between ,arctic ,slope ,regional ,corporation and the ,united ,states4 7f7 ,facility consolidation planning 7#a7 ,in general ,the ,secretary shall1 after providing for public notice and comment1 prepare and update periodically a plan to govern1 guide1 and direct the siting and construction of facilities for the exploration1 development1 production1 and transportation of ,coastal ,plain oil and gas resources4 7#b7 ,objectives ,the plan shall have the following objectives3 7,a7 ,avoiding unnecessary duplication of facilities and activities4 7,b7 ,encouraging consolidation of common facilities and activities4 7,c7 ,locating or confining facilities and activities to areas that will minimize impact on fish and wildlife1 their habitat1 and the environment4 7,d7 ,utilizing existing facilities wherever practicable4 7,e7 ,enhancing compatibility between wildlife values and development activities4 7g7 ,access to public lands ,the ,secretary shall-- 7#a7 manage public lands in the ,coastal ,plain subject to section #haa of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caba72 and 7#b7 ensure that local residents shall have reasonable access to public lands in the ,coastal ,plain for traditional uses4 #bjh4 ,expedited judicial review 7a7 ,filing of complaint 7#a7 ,deadline ,subject to paragraph 7#b71 any complaint seeking judicial review-- 7,a7 of any provision of this title shall be filed by not later than #a year after the date of enactment of this ,act2 or 7,b7 of any action of the ,secretary under this title shall be filed-- 7i7 except as provided in clause 7ii71 within the #ij-;day period beginning on the date of the action being challenged2 or 7ii7 in the case of a complaint based solely on grounds arising after such period1 within #ij days after the complainant knew or reasonably should have known of the grounds for the complaint4 7#b7 ,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 ,columbia4 7#c7 ,limitation on scope of certain review ,judicial review of a ,secretarial decision to conduct a lease sale under this title1 including the environmental analysis thereof1 shall be limited to whether the ,secretary has complied with this title and shall be based upon the administrative record of that decision4 ,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 contrary4 7b7 ,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 enforcement4 7c7 ,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 costs1 including under any provision of law enacted by the ,equal ,access to ,justice ,act 7#e ,u4,s4,c4 #ejd note74 #bji4 ,treatment of revenues ,notwithstanding any other provision of law1 #ij percent of the amount of bonus1 rental1 and royalty revenues from ,federal oil and gas leasing and operations authorized under this title shall be deposited in the ,treasury4 #baj4 ,rights-of-way across the ,coastal ,plain 7a7 ,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-- 7#a7 except as provided in paragraph 7#b71 under section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe71 without regard to title ,,xi of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cafa et seq472 and 7#b7 under title ,,xi of the ,alaska ,national ,interest ,lands ,conservation ,act 7#cj ,u4,s4,c4 #cafa et seq471 for access authorized by sections #aaaj and #aaaa of that ,act 7#af ,u4,s4,c4 #cagj and #caga74 7b7 ,terms and conditions ,the ,secretary shall include in any right-of-way or easement issued under subsection 7a7 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 wildlife1 subsistence resources1 their habitat1 and the environment of the ,coastal ,plain1 including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines4 7c7 ,regulations ,the ,secretary shall include in regulations under section #bjb7;g7 provisions granting rights-of-way and easements described in subsection 7a7 of this section4 #baa4 ,conveyance ,in order to maximize ,federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the ,coastal ,plain1 the ,secretary1 notwithstanding section #acjb7;h77#b7 of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caib7;h77#b771 shall convey-- 7#a7 to the ,kaktovik ,inupiat ,corporation the surface estate of the lands described in paragraph #a of ,public ,land ,order #fiei1 to the extent necessary to fulfill the ,corporation's entitlement under sections #ab and #ad of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afaa and #afac7 in accordance with the terms and conditions of the ,agreement between the ,department of the ,interior1 the ,united ,states ,fish and ,wildlife ,service1 the ,bureau of ,land ,management1 and the ,kaktovik ,inupiat ,corporation dated ,january #bb1 #aiic2 and 7#b7 to the ,arctic ,slope ,regional ,corporation the remaining subsurface estate to which it is entitled pursuant to the ,august #i1 #aihc1 agreement between the ,arctic ,slope ,regional ,corporation and the ,united ,states of ,america4 ,,iii ,regulatory streamlining #cja4 ,jurisdiction over covered energy projects 7a7 ,definition of covered energy project ,in this section1 the term covered energy project means any action or decision by a ,federal official regarding-- 7#a7 the leasing of ,federal land 7including submerged land7 for the exploration1 development1 production1 processing1 or transmission of oil1 natural gas1 or any other source or form of energy1 including actions and decisions regarding the selection or offering of ,federal land for such leasing2 or 7#b7 any action under such a lease1 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 lease4 7b7 ,exclusive jurisdiction over causes and claims relating to covered energy projects ,notwithstanding any other provision of law1 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 project1 except for any such cause or claim arising in the ,united ,states ,court of ,appeals for the ,fifth ,circuit4 7c7 ,time for filing complaint 7#a7 ,in general ,each case or claim described in subsection 7b7 shall be filed not later than the end of the #fj-;day period beginning on the date of the action or decision by a ,federal official that constitutes the covered energy project concerned4 7#b7 ,prohibition ,any cause or claim described in subsection 7b7 that is not filed within the time period described in paragraph 7#a7 shall be barred4 7d7 ,district court for ,district of ,columbia deadline 7#a7 ,in general ,each proceeding that is subject to subsection 7b7 shall-- 7,a7 be resolved as expeditiously as practicable and in any event not more than #ahj days after the cause or claim is filed2 and 7,b7 take precedence over all other pending matters before the district court4 7#b7 ,failure to comply with deadline ,if an interlocutory or final judgment1 decree1 or order has not been issued by the district court by the deadline required under this section1 the cause or claim shall be dismissed with prejudice and all rights relating to the cause or claim shall be terminated4 7e7 ,ability ,to seek appellate review ,an interlocutory or final judgment1 decree1 or order of the district court under this section may be reviewed by no other court except the ,supreme ,court4 #cjb4 ,environmental legal fees ,section #ejd of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,environmental legal fees ,notwithstanding section #acjd of title #ca1 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 7with respect to the ,united ,states7-- 7#a7 prevents1 terminates1 or reduces access to or the production of-- 7,a7 energy2 7,b7 a mineral resource2 7,c7 water by agricultural producers2 7,d7 a resource by commercial or recreational fishermen2 or 7,e7 grazing or timber production on ,federal land2 7#b7 diminishes the private property value of a property owner2 or 7#c7 eliminates or prevents #a or more jobs4 4 #cjc4 ,master leasing plans 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of the ,interior1 acting through the ,bureau of ,land ,management1 shall not establish a master leasing plan as part of any guidance issued by the ,secretary4 7b7 ,existing master leasing plans ,instruction ,memorandum ,no4 #bjaj-aag and any other master leasing plan described in subsection 7a7 issued on or before the date of enactment of this ,act shall have no force or effect4 #cjd4 ,national monuments ,section #b of the ,act of ,june #h1 #aijf 7commonly known as the ,antiquities ,act of #aijf7 7#af ,u4,s4,c4 #dca71 is amended in the first sentence by striking 1 in his discretion1 to declare by public proclamation and inserting to declare1 subject to approval by an ,act of ,congress14 #cje4 ,carbon dioxide and other greenhouse gas emissions reductions in ,china1 ,india1 and ,russia 7a7 ,definition of ,administrator ,in this section1 the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7b7 ,findings ,congress finds that-- 7#a7 in #aiig1 the ,senate adopted ,senate ,resolution #ih1 #ajeth ,congress1 agreed to ,july #be1 #aiig1 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 period2 and 7#b7 the ,administrator continues to move forward with the regulation of carbon dioxide emissions1 however1 the ,people's ,republic of ,china1 ,india1 and the ,russian ,federation do not impose similar regulations on carbon dioxide emissions4 7c7 ,carbon dioxide or greenhouse gas emissions reductions ,notwithstanding any other provision of law1 the ,administrator or the head of any other ,federal agency or department shall not regulate or continue to implement or enforce any regulations1 proposals1 or actions establishing any carbon dioxide or greenhouse gas emissions reductions until the ,administrator1 the ,administrator of the ,energy ,information ,agency1 and the ,secretary of ,commerce certify in writing that-- 7#a7 the ,people's ,republic of ,china1 ,india1 and the ,russian ,federation have proposed1 implemented1 and enforced measures requiring carbon dioxide and other greenhouse gas emissions reductions2 and 7#b7 the reductions described in paragraph 7#a7 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 ,states4 7d7 ,repeal ,any regulation1 proposal1 or action in effect before1 on1 or after the date of enactment of this ,act1 but before the date on which the certification under subsection 7c7 is made1 that requires any carbon dioxide or other greenhouse gas emissions reduction shall have no force or effect4 #cjf4 ,employment effects of actions under ,clean ,air ,act ,section #cba7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfba7;b77 is amended-- 7#a7 by designating the first through eighth sentences as paragraphs 7#a7 through 7#h71 respectively2 and 7#b7 by adding at the end the following3 7#i7 ,economic analysis ,not later than #cj 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 7#a71 the ,administrator shall-- 7,a7 conduct a full economic analysis of the requirement2 and 7,b7 make the data1 methodologies1 and results of the analysis available to the public4 7#aj7 ,economic review board 7,a7 ,in general ,not later than #cj days after the date on which the ,administrator makes the results of an economic analysis of a requirement available to the public under paragraph 7#i77;,b71 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-- 7i7 the cumulative economic impact of the requirement1 including the direct1 indirect1 quantifiable1 and qualitative effects2 7ii7 the cost of compliance with the requirement2 7iii7 the effect of the requirement on the retirement or closure of domestic businesses2 7iv7 energy sectors that could be expected to retire units as a result of the requirement2 7v7 the impact of the requirement on the price of electricity1 oil1 gas1 coal1 and renewable resources2 7vi7 the economic harm to consumers resulting from the requirement2 7vii7 the impact of the requirement on the ability of industries and businesses in the ,united ,states to compete with industries and businesses in other countries1 with respect to competitiveness in both domestic and foreign markets2 7viii7 the regions of the ,united ,states that are forecasted to be-- 7,i7 most affected from the direct and indirect adverse impacts of the requirement from the retirement of impacted units and increased prices for retail electricity1 transportation fuels1 heating oil1 and petrochemicals2 and 7,,ii7 least affected from adverse impacts described in subclause 7,i7 due to the creation of new jobs and economic growth that are expected to result directly and indirectly from energy construction projects2 7ix7 the adverse impacts of the requirement on electric reliability that are expected to result from the retirement of electric generation2 7x7 the geographical distribution of the projected adverse electric reliability impacts of the requirement2 7xi7 ,federal1 ,state1 and local policies that have been or will be implemented to support energy infrastructure in the ,united ,states1 including policies that promote fuel diversity1 affordable and reliable electricity1 and energy security2 7xii7 the potential economic impacts as a result of outsourcing2 and 7xiii7 other direct and indirect impacts that are expected to result from the cumulative obligation to comply with the requirement4 7,b7 ,report ,not later than #cj days after the date on which the economic review board completes the assessment of a requirement under subparagraph 7,a71 the economic review board shall submit to ,congress1 the ,president1 and the ,secretary a report that describes the results of the assessment4 7,c7 ,regulations ,the ,administrator shall not promulgate regulations to implement a requirement described in paragraph 7#a7 until at least #fj days after the date of submission of the report on the requirement under subparagraph 7,b74 4 #cjg4 ,endangered species 7a7 ,emergencies ,section #aj of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7 is amended by adding at the end the following3 7k7 ,emergencies ,on the declaration of an emergency by the ,governor of a ,state1 the ,secretary shall1 for the duration of the emergency1 temporarily exempt from the prohibition against taking1 and the prohibition against the adverse modification of critical habitat1 under this ,act any action that is reasonably necessary to avoid or ameliorate the impact of the emergency1 including fighting or preventing forest fires and the building1 rebuilding1 or operation of any water supply or flood control project by a ,federal agency4 4 7b7 ,prohibition of consideration of impact of greenhouse gases and climate change 7#a7 ,in general ,the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 is amended by adding at the end the following3 #ai4 ,prohibition of consideration of impact of greenhouse gases and climate change 7a7 ,definition of greenhouse gas ,in this section1 the term greenhouse gas means any of-- 7#a7 carbon dioxide2 7#b7 methane2 7#c7 nitrous oxide2 7#d7 sulfur hexafluoride2 7#e7 a hydrofluorocarbon2 7#f7 a perfluorocarbon2 or 7#g7 any other anthropogenic gas designated by the ,secretary for purposes of this section4 7b7 ,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 ,act4 4 7#b7 ,conforming amendment ,the table of contents in the first section of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 prec4 #aeca7 is amended by adding at the end the following3 ,sec4 #ah4 ,annual cost analysis by the ,fish and ,wildlife ,service4 ,sec4 #ai4 ,prohibition of consideration of impact of greenhouse gases and climate change4 4 #cjh4 ,central ,valley ,project ,the ,act of ,august #bg1 #aied 7#fh ,stat4 #hgi1 chapter #ajab2 #af ,u4,s4,c4 #fie;d et seq47 is amended by adding at the end the following3 #i4 ,effect of biological opinions ,notwithstanding any other provision of law1 in connection with the ,central ,valley ,project1 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 #aigc 7#af ,u4,s4,c4 #aeca et seq471 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 project4 4 #cji4 ,keystone ,,xl permit approval 7a7 ,in general ,notwithstanding ,executive ,order ,no4 #acccg 7#c ,u4,s4,c4 #cja note71 ,executive ,order ,no4 #aadbc 7#c ,u4,s4,c4 #cja note71 section #cja of title #c1 ,united ,states ,code1 and any other ,executive order or provision of law1 no presidential permit shall be required for the pipeline described in the application filed on ,may #d1 #bjab1 by ,trans,canada ,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 ,nebraska4 7b7 ,environmental impact statement ,the final environmental impact statement issued by the ,secretary of ,state on ,august #bf1 #bjaa1 regarding the pipeline referred to in subsection 7a71 shall be considered to satisfy all requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7c7 ,intrastate portion 7#a7 ,in general ,notwithstanding any other provision of law1 the route of the ,keystone ,,xl pipeline through the ,state of ,nebraska reviewed in the ,final ,evaluation ,report conducted pursuant to ,neb4 ,rev4 ,stat4 #eg-aejc7a7 and approved by the ,governor of the ,state shall be considered approved4 7#b7 ,environmental impact statements ,the ,final ,evaluation ,report described in paragraph 7#a7 shall be considered to satisfy all requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7d7 ,critical habitat ,no area necessary to construct or maintain the ,keystone ,,xl pipeline shall be considered critical habitat under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or any other provision of law4 7e7 ,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 7a7 and 7b71 and the related facilities in the ,united ,states1 shall remain in effect4 7f7 ,federal judicial review ,the pipeline and cross-border facilities described in subsections 7a7 and 7b71 and the related facilities in the ,united ,states1 that are approved by this section1 and any permit1 right-of-way1 or other action taken to construct or complete the project pursuant to ,federal law1 shall only be subject to judicial review on direct appeal to the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 #caj4 ,drakes ,bay ,oyster ,company ,notwithstanding any other provision of law 7including the memorandum of the ,secretary of the ,interior dated ,november #bi1 #bjab1 with the subject entitled ,point ,reyes ,national ,seashore-,drakes ,bay ,oyster ,company7-- 7#a7 the ,secretary of the ,interior1 acting through the ,director of the ,national ,park ,service1 shall-- 7,a7 reinstate1 for a period of not less than #aj years1 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 ,company1 which expired on ,november #cj1 #bjab1 subject to the terms and conditions contained in those permits1 as in effect on ,november #bi1 #bjab2 and 7,b7 on receipt of a request from ,drakes ,bay ,oyster ,company 7or a successor in interest71 renew those reinstated permits for an additional #aj-year period2 and 7#b7 ,drakes ,estero in the ,state of ,california shall not be converted to a designated wilderness4