3-D, Domestic Jobs, Domestic Energy, and Deficit Reduction Act of 2011 - Considers that the Secretary of the Interior has approved the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 as a final oil and gas leasing program under the Outer Continental Shelf Lands Act. Deems the Secretary to have issued a final environmental impact statement for such Program under the National Environmental Policy Act of 1969 (NEPA).
Directs the Secretary to: (1) conduct a lease sale in each outer Continental Shelf planning area for which there is a commercial interest in purchasing federal oil and gas production leases, (2) approve or disapprove a drill permit application within 20 days after submission, and (3) hold lease sales for specified areas in the Central Gulf of Mexico, Western Gulf of Mexico, and the state of Virginia.
Grants the United States Court of Appeals for the Fifth Circuit exclusive jurisdiction over challenges to offshore energy projects and permits to drill carried out in the Gulf of Mexico.
Directs the Secretary to implement an oil and gas leasing program in land within the 1002 Coastal Plain Area of Alaska. Authorizes the Secretary to designate up to 45,000 acres of the Coastal Plain as a special area for preservation of its unique and diverse character.
Directs the Secretary to: (1) administer the leasing program with respect to Coastal Plain environmental protection according to the no significant adverse effect standard, (2) issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas, and (3) convey specified surface estates to the Kaktovik Inupiat Corporation and to the Arctic Slope Regional Corporation.
Establishes the Arctic National Wildlife Refuge (ANWR) Alternative Energy Trust Fund.
Amends the Oil Shale, Tar Sands, and Other Strategic Unconventional Fuels Act of 2005 to require the Secretary to conduct related lease sales in any state during any period when there is sufficient state support and interest in the development of tar sands and oil shale resources.
Grants the U.S. District Court for the District of Columbia exclusive jurisdiction to hear all causes and claims arising from any covered project of federal land leasing for exploitation of oil, natural gas, or any other source or form of energy.
Amends NEPA to require completion and review of environmental impact statements within 270 days after their commencement or the action concerned shall be considered a final agency action with no significant environmental impact.
Amends the Clean Air Act to: (1) declare that carbon dioxide, methane from agriculture or livestock, and water vapor are not air pollutants; and (2) require an economic analysis of any requirement of the Act that results in an adverse effect on employment. Requires the Secretary of commerce to establish an economic review board to assess such an analysis.
Amends the Endangered Species Act of 1973 (ESA) to require the the Secretary of the Interior or the Secretary of Commerce, as appropriate, upon a state governor's declaration of an emergency, to exempt from the prohibition against taking, and against adverse modification of critical habitat, any action reasonably necessary to avoid or ameliorate the impact of the emergency, including the operation of any water supply or flood control project by a federal agency.
Prohibits consideration of the impact of greenhouse gas on any species of fish or wildlife or plant for any purpose in the implementation of the ESA.
Instructs the Administrator of the Environment Protection Agency (EPA) to approve the specification of the areas described in the notice entitled "Final Determination of the Assistant Administrator for Water Pursuant to Section 404(c) of the Clean Water Act Concerning the Spruce No. 1 Mine, Logan County, WV."
Instructs the Secretary of the Interior to issue or reissue each lease for the production of oil or gas in the state of Utah that was canceled during calendar years 2009 through 2011.
Prohibits the Bureau of Reclamation of the Department of the Interior and any California state agency operating a water project in connection with the Central Valley Project from restricting operations of an applicable project pursuant to any biological opinion issued under ESA if it would result in a level of allocation of water less than the historical maximum allocation under the project.
Directs the Secretary of State to expedite the permit request for the Keystone XL pipeline without considering greenhouse gas impacts during the permit review process.
Instructs the EPA Administrator to issue without further review or analysis a permit to Shell Oil Company to drill for oil in the Beaufort Sea.
Prohibits the award or federal payment of legal fees to an environmental nongovernmental organization in connection with any action: (1) preventing, terminating, or reducing access to production of energy, mineral resources, water by agricultural producers, a resource by commercial or recreational fishermen, or grazing or timber production on federal land; (2) diminishing a property owner's private property value; or (3) eliminating or preventing one or more jobs.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 706 Placed on Calendar Senate (PCS)]
Calendar No. 23
112th CONGRESS
1st Session
S. 706
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
March 31, 2011
Mr. Vitter (for himself, Mr. Barrasso, Mr. Blunt, Mr. Boozman, Mr.
Coats, Mr. Coburn, Mr. Cochran, Mr. Cornyn, Mr. Crapo, Mr. DeMint, Mr.
Ensign, Mr. Enzi, Mr. Graham, Mr. Hatch, Mrs. Hutchison, Mr. Inhofe,
Mr. Isakson, Mr. Johanns, Mr. Johnson of Wisconsin, Mr. Kyl, Mr. Lee,
Mr. Moran, Mr. Risch, Mr. Roberts, Mr. Sessions, Mr. Shelby, Mr.
Wicker, Mr. Hoeven, and Mr. Rubio) introduced the following bill; which
was read the first time
April 4, 2011
Read the second time and placed on the calendar
_______________________________________________________________________
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 ``3-D, Domestic
Jobs, Domestic Energy, and Deficit Reduction Act of 2011''.
(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. Leasing program considered approved.
Sec. 102. Lease sales.
Sec. 103. Applications for permits to drill.
Sec. 104. Lease sales for certain areas.
TITLE II--LEASING PROGRAM FOR LAND WITHIN COASTAL PLAIN
Sec. 201. Definitions.
Sec. 202. Leasing program for land within the Coastal Plain.
Sec. 203. Lease sales.
Sec. 204. Grant of leases by the Secretary.
Sec. 205. Lease terms and conditions.
Sec. 206. Coastal plain environmental protection.
Sec. 207. Expedited judicial review.
Sec. 208. Rights-of-way across the Coastal plain.
Sec. 209. Conveyance.
Sec. 210. ANWR Alternative Energy Trust Fund.
TITLE III--REGULATORY STREAMLINING
Sec. 301. Commercial leasing program for oil shale resources on public
land.
Sec. 302. Jurisdiction over covered energy projects.
Sec. 303. Environmental impact statements.
Sec. 304. Clean air regulation.
Sec. 305. Employment effects of actions under Clean Air Act.
Sec. 306. Endangered species.
Sec. 307. Reissuance of permits and leases.
Sec. 308. Central Valley Project.
Sec. 309. Keystone XL pipeline.
Sec. 310. Beaufort Sea oil drilling project.
Sec. 311. Environmental legal fees.
TITLE I--OUTER CONTINENTAL SHELF LEASING
SEC. 101. LEASING PROGRAM CONSIDERED APPROVED.
(a) In General.--The Draft Proposed Outer Continental Shelf Oil and
Gas Leasing Program 2010-2015 issued by the Secretary of the Interior
(referred to in this section as the ``Secretary'') under section 18 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is considered to
have been approved by the Secretary as a final oil and gas leasing
program under that section.
(b) Final Environmental Impact Statement.--The Secretary is
considered to have issued a final environmental impact statement for
the program described in subsection (a) in accordance with all
requirements under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
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, not later than 60 days after the date
of receipt of the petition, the Secretary shall conduct a lease sale
for the area.
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--
(1) Lease Sale 216 for areas in the Central Gulf of Mexico;
(2) Lease Sale 218 for areas in the Western Gulf of Mexico;
(3) Lease Sale 220 for areas offshore the State of
Virginia; and
(4) Lease Sale 222 for areas in the Central Gulf of Mexico.
(b) Compliance With Other Laws.--For purposes of the Lease Sales
described in subsection (a), the Environmental Impact Statement for the
2007-2015-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 the 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.
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 identified as the ``1002 Coastal Plain Area'' on the map.
(2) Federal agreement.--The term ``Federal Agreement''
means the Federal Agreement and Grant Right-of-Way for the
Trans-Alaska Pipeline issued on January 23, 1974, in accordance
with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and
the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et
seq.).
(3) Final statement.--The term ``Final Statement'' means
the final legislative environmental impact statement on the
Coastal Plain, dated April 1987, and 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)).
(4) Map.--The term ``map'' means the map entitled ``Arctic
National Wildlife Refuge'', dated September 2005, and prepared
by the United States Geological Survey.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (or the designee of the Secretary), acting
through the Director of the Bureau of Land Management, in
consultation with the Director of the United States Fish and
Wildlife Service.
SEC. 202. LEASING PROGRAM FOR LAND 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, a competitive oil and gas leasing program that will
result in an environmentally sound program for the exploration,
development, and production of the oil and gas resources of the
Coastal Plain; and
(2) to administer this title through regulations, lease
terms, conditions, restrictions, prohibitions, stipulations,
and other provisions that--
(A) 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; and
(B) require 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.--
(1) Repeal.--Section 1003 of the Alaska National Interest
Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
(2) Conforming amendment.--The table of contents contained
in section 1 of that Act (16 U.S.C. 3101 note) is amended by
striking the item relating to section 1003.
(3) Compliance with nepa for other actions.--
(A) In general.--Before conducting the first lease
sale under this title, the Secretary shall prepare an
environmental impact statement in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to the actions authorized by
this title that are not referred to in paragraph (2).
(B) Identification and analysis.--Notwithstanding
any other provision of law, in carrying out this
paragraph, the Secretary shall not be required--
(i) to identify nonleasing alternative
courses of action; or
(ii) to analyze the environmental effects
of those courses of action.
(C) Identification of preferred action.--Not later
than 18 months after the date of enactment of this Act,
the Secretary shall--
(i) identify only a preferred action and a
single leasing alternative for the first lease
sale authorized under this title; and
(ii) analyze the environmental effects and
potential mitigation measures for those 2
alternatives.
(D) Public comments.--In carrying out this
paragraph, the Secretary shall consider only public
comments that are filed not later than 20 days after
the date of publication of a draft environmental impact
statement.
(E) Effect of compliance.--Notwithstanding any
other provision of law, compliance with this paragraph
shall be considered to satisfy all requirements for the
analysis and consideration of the environmental effects
of proposed leasing under this title.
(c) Relationship to State and Local Authority.--Nothing in this
title expands or limits any State or local regulatory authority.
(d) Special Areas.--
(1) Designation.--
(A) In general.--The Secretary, after consultation
with the State of Alaska, the North Slope Borough,
Alaska, and the City of Kaktovik, Alaska, may designate
not more than 45,000 acres of the Coastal Plain as a
special area if the Secretary determines that the
special area would be of such unique character and
interest as to require special management and
regulatory protection.
(B) Sadlerochit spring area.--The Secretary shall
designate as a special area in accordance with
subparagraph (A) the Sadlerochit Spring area,
comprising approximately 4,000 acres as depicted on the
map.
(2) Management.--The Secretary shall manage each special
area designated under this subsection in a manner that
preserves the unique and diverse character of the area,
including fish, wildlife, subsistence resources, and cultural
values of the area.
(3) Exclusion from leasing or surface occupancy.--
(A) In general.--The Secretary may exclude any
special area designated under this subsection from
leasing.
(B) No surface occupancy.--If the Secretary leases
all or a portion of a special area for the purposes of
oil and gas exploration, development, production, and
related activities, there shall be no surface occupancy
of the land comprising the special area.
(4) Directional drilling.--Notwithstanding any other
provision 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 located
outside the special area.
(e) Limitation on Closed Areas.--The Secretary may not close land
within the Coastal Plain to oil and gas leasing or to exploration,
development, or production except in accordance with this title.
(f) Regulations.--
(1) In general.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall promulgate such
regulations as are necessary to carry out this title, including
rules and regulations relating to protection of the fish and
wildlife, fish and wildlife habitat, subsistence resources, and
environment of the Coastal Plain.
(2) Revision of regulations.--The Secretary shall
periodically review and, as appropriate, revise the rules and
regulations issued under paragraph (1) to reflect any
significant biological, environmental, scientific or
engineering data that come to the attention of the Secretary.
SEC. 203. LEASE SALES.
(a) In General.--Land may be leased pursuant to 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, establish
procedures for--
(1) receipt and consideration of sealed nominations for any
area in the Coastal Plain for inclusion in, or exclusion (as
provided in subsection (c)) from, a lease sale;
(2) the holding of lease sales after that 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.--Bidding for leases under this title shall be
by sealed competitive cash bonus bids.
(d) Acreage Minimum in First Sale.--For the first lease sale under
this title, the Secretary shall offer for lease 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), but in no case less than 200,000 acres.
(e) Timing of Lease Sales.--The Secretary shall--
(1) not later than 22 months after the date of enactment of
this Act, conduct the first lease sale under this title;
(2) not later than 90 days after the date of the completion
of the sale, evaluate the bids in the sale and issue leases
resulting from the sale; and
(3) conduct additional sales at appropriate intervals if
sufficient interest in exploration or development exists to
warrant the conduct of the additional sales.
SEC. 204. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--On payment by a lessee of such bonus as may be
accepted by the Secretary, the Secretary may grant to the highest
responsible qualified bidder in a lease sale conducted pursuant to
section 203 a lease for any land on the Coastal Plain.
(b) Subsequent Transfers.--
(1) In general.--No lease issued under this title may be
sold, exchanged, assigned, sublet, or otherwise transferred
except with the approval of the Secretary.
(2) Condition for approval.--Before granting any approval
described in paragraph (1), the Secretary shall consult with
and give due consideration to the opinion of the Attorney
General.
SEC. 205. LEASE TERMS AND CONDITIONS.
An oil or gas lease issued pursuant to this title shall--
(1) provide for the payment of a royalty of not less than
12\1/2\ percent of the amount or value of the production
removed or sold from the lease, as determined by the Secretary
in accordance with regulations applicable to other Federal oil
and gas leases;
(2) provide that the Secretary may close, on a seasonal
basis, such portions of the Coastal Plain to exploratory
drilling activities as are necessary to protect caribou calving
areas and other species of fish and wildlife;
(3) require that each lessee of land within the Coastal
Plain shall be fully responsible and liable for the reclamation
of land within the Coastal Plain and any other Federal land
that is adversely affected in connection with exploration,
development, production, or transportation activities within
the Coastal Plain conducted 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, that reclamation responsibility and
liability to another person without the express written
approval of the Secretary;
(5) provide that the standard of reclamation for land
required to be reclaimed under this title shall be, to the
maximum extent practicable--
(A) a condition capable of supporting the uses that
the land was capable of supporting prior to any
exploration, development, or production activities; or
(B) on application by the lessee, to a higher or
better standard, as approved by the Secretary;
(6) contain terms and conditions relating to protection of
fish and wildlife, fish and wildlife habitat, subsistence
resources, and the environment as required under section
202(a)(2);
(7) provide that each lessee, and each agent and contractor
of a lessee, use their best efforts to provide a fair share of
employment and contracting for Alaska Natives and Alaska Native
Corporations from throughout the State of Alaska, as determined
by the level of obligation previously agreed to in the Federal
Agreement; and
(8) contain such other provisions as the Secretary
determines to be necessary to ensure compliance with this title
and the regulations promulgated under this title.
SEC. 206. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized
Coastal Plain Activities.--In accordance with section 202, the
Secretary shall administer this title through regulations, lease terms,
conditions, restrictions, prohibitions, stipulations, or other
provisions that--
(1) ensure, to the maximum extent practicable, that oil and
gas exploration, development, and production activities on the
Coastal Plain will result in no significant adverse effect on
fish and wildlife, fish and wildlife habitat, and the
environment; and
(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.
(b) Site-specific Assessment and Mitigation.--The Secretary shall
require, with respect to any proposed drilling and related activities
on the Coastal Plain, 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, fish and wildlife habitat,
subsistence resources, subsistence uses, and the environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the maximum extent practicable) any
significant adverse effect identified under paragraph (1); and
(3) the development of the plan shall occur after
consultation with the 1 or more 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 issue regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, or other measures designed to ensure, to
the maximum extent practicable, that the activities carried out 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--
(1) compliance with all applicable provisions of Federal
and State environmental law (including regulations);
(2) implementation of and compliance with--
(A) standards that are at least as effective as the
safety and environmental mitigation measures, as
described in items 1 through 29 on pages 167 through
169 of the Final Statement, on the Coastal Plain;
(B) seasonal limitations on exploration,
development, and related activities, as necessary, to
avoid significant adverse effects during periods of
concentrated fish and wildlife breeding, denning,
nesting, spawning, and migration;
(C) design safety and construction standards for
all pipelines and any access and service roads that
minimize, to the maximum extent practicable, adverse
effects on--
(i) the passage of migratory species (such
as caribou); and
(ii) the flow of surface water by requiring
the use of culverts, bridges, or other
structural devices;
(D) prohibitions on general public access to, and
use of, all pipeline access and service roads;
(E) stringent reclamation and rehabilitation
requirements in accordance with this title for the
removal from the Coastal Plain of all oil and gas
development and production facilities, structures, and
equipment on completion of oil and gas production
operations, except in a case in which the Secretary
determines that those facilities, structures, or
equipment--
(i) would assist in the management of the
Arctic National Wildlife Refuge; and
(ii) are donated to the United States for
that purpose;
(F) appropriate prohibitions or restrictions on--
(i) access by all modes of transportation;
(ii) sand and gravel extraction; and
(iii) use of explosives;
(G) reasonable stipulations for protection of
cultural and archaeological resources;
(H) measures to protect groundwater and surface
water, including--
(i) avoidance, to the maximum extent
practicable, of springs, streams, and river
systems;
(ii) the protection of natural surface
drainage patterns and wetland and riparian
habitats; and
(iii) the regulation of methods or
techniques for developing or transporting
adequate supplies of water for exploratory
drilling; and
(I) research, monitoring, and reporting
requirements.
(3) that exploration activities (except surface geological
studies) be limited to the period between approximately
November 1 and May 1 of each year and be supported, if
necessary, by ice roads, winter trails with adequate snow
cover, ice pads, ice airstrips, and air transport methods
(except that those exploration activities may be permitted at
other times if the Secretary determines that the exploration
will have no significant adverse effect on fish and wildlife,
fish and wildlife habitat, and the environment of the Coastal
Plain);
(4) consolidation of facility siting;
(5) avoidance or reduction of air traffic-related
disturbance to fish and wildlife;
(6) treatment and disposal of hazardous and toxic wastes,
solid wastes, reserve pit fluids, drilling muds and cuttings,
and domestic wastewater, including, in accordance with
applicable Federal and State environmental laws (including
regulations)--
(A) preparation of an annual waste management
report;
(B) development and implementation of a hazardous
materials tracking system; and
(C) prohibition on the use of chlorinated solvents;
(7) fuel storage and oil spill contingency planning;
(8) conduct of periodic field crew environmental briefings;
(9) avoidance of significant adverse effects on subsistence
hunting, fishing, and trapping;
(10) compliance with applicable air and water quality
standards;
(11) appropriate seasonal and safety zone designations
around well sites, within which subsistence hunting and
trapping shall be limited; and
(12) development and implementation of such other
protective environmental requirements, restrictions, terms, or
conditions as the Secretary determines to be necessary.
(e) Considerations.--In preparing and issuing regulations, lease
terms, conditions, restrictions, prohibitions, or stipulations under
this section, the Secretary shall take into consideration--
(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 through 37.33 of title 50, Code of Federal
Regulations (or successor regulations); and
(3) the land use stipulations for exploratory drilling on
the KIC-ASRC private land described in Appendix 2 of the
agreement between Arctic Slope Regional Corporation and the
United States dated August 9, 1983.
(f) Facility Consolidation Planning.--
(1) In general.--After providing for public notice and
comment, the Secretary shall prepare and periodically update a
plan to govern, guide, and direct the siting and construction
of facilities for the exploration, development, production, and
transportation of oil and gas resources from the Coastal Plain.
(2) Objectives.--The objectives of the plan shall be--
(A) the avoidance of unnecessary duplication of
facilities and activities;
(B) the encouragement of consolidation of common
facilities and activities;
(C) the location or confinement of facilities and
activities to areas that will minimize impact on fish
and wildlife, fish and wildlife habitat, subsistence
resources, and the environment;
(D) the use of existing facilities, to the maximum
extent practicable; and
(E) the enhancement of compatibility between
wildlife values and development activities.
(g) Access to Public Land.--The Secretary shall--
(1) manage public land in the Coastal Plain in accordance
with subsections (a) and (b) of 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 land in the Coastal Plain for traditional
uses.
SEC. 207. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaints.--
(1) Deadline.--A complaint seeking judicial review of a
provision of this title or an action of the Secretary under
this title shall be filed--
(A) except as provided in subparagraph (B), during
the 90-day period beginning on the date on which the
action being challenged was carried out; or
(B) in the case of a complaint based solely on
grounds arising after the 90-day period described in
subparagraph (A), by not later than 90 days after the
date on which the complainant knew or reasonably should
have known about the grounds for the complaint.
(2) Venue.--A complaint seeking judicial review of a
provision of this title or an action of the Secretary under
this title shall be filed in the United States Court of Appeals
for the District of Columbia Circuit.
(3) Scope.--
(A) In general.--Judicial review of a decision of
the Secretary relating to a lease sale under this title
(including an environmental analysis of such a lease
sale) shall be--
(i) limited to a review of whether the
decision is in accordance with this title; and
(ii) based on the administrative record of
the decision.
(B) Presumptions.--Any identification by the
Secretary of a preferred course of action relating to a
lease sale, and any analysis by the Secretary of
environmental effects, under this title shall be
presumed to be correct unless proven otherwise by clear
and convincing evidence.
(b) Limitation on Other Review.--Any action of the Secretary that
is subject to judicial review under this section shall not be subject
to judicial review in any civil or criminal proceeding for enforcement.
SEC. 208. 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--
(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 (16 U.S.C. 3161 et seq.), for access
authorized by sections 1110 and 1111 of that Act (16 U.S.C.
3170, 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(f) provisions granting rights-of-way and easements
described in subsection (a).
SEC. 209. CONVEYANCE.
Notwithstanding section 1302(h)(2) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on
title to land, and to clarify land ownership patterns in the Coastal
Plain, the Secretary shall--
(1) to the extent necessary to fulfill the entitlement of
the Kaktovik Inupiat Corporation under sections 12 and 14 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613),
as determined by the Secretary, convey to that Corporation the
surface estate of the land described in paragraph (1) of Public
Land Order 6959, in accordance with the terms and conditions of
the agreement between the Secretary, the United States Fish and
Wildlife Service, the Bureau of Land Management, and the
Kaktovik Inupiat Corporation, dated January 22, 1993; and
(2) convey to the Arctic Slope Regional Corporation the
remaining subsurface estate to which that Corporation is
entitled under the agreement between that corporation and the
United States, dated August 9, 1983.
SEC. 210. ANWR ALTERNATIVE ENERGY TRUST FUND.
(a) Source of Funds.--
(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, of the amount of
adjusted bonus, rental, and royalty revenues from Federal oil
and gas leasing and operations authorized under this title for
each fiscal year, 50 percent shall be paid to the ANWR
Alternative Energy Trust Fund established under subsection (b).
(2) Transfers.--
(A) In general.--A transfer to the ANWR Alternative
Energy Trust Fund shall be made for a fiscal year under
paragraph (1) only if the total amount of revenues in
the Federal budget for the fiscal year exceeds the
total amount of expenditures under the budget for the
fiscal year.
(B) Debt reduction.--If the total amount of
revenues in the Federal budget for a fiscal year does
not exceed the total amount of expenditures under the
budget for the fiscal year, all adjusted bonus, rental,
and royalty revenues from Federal oil and gas leasing
and operations authorized under this title for the
fiscal year--
(i) shall be used to reduce the Federal
budget deficit; and
(ii) shall not be used to offset any other
expenditures.
(b) Establishment of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the ``ANWR
Alternative Energy Trust Fund'', consisting of such amounts as may be
transferred to the ANWR Alternative Energy Trust Fund as provided in
subsection (a).
(c) Expenditures From ANWR Alternative Energy Trust Fund.--
(1) In general.--Amounts in the ANWR Alternative Energy
Trust Fund shall be available without further appropriation to
carry out specified provisions of the Energy Policy Act of 2005
(Public Law 109-58; referred to in this section as
``EPAct2005'') and the Energy Independence and Security Act of
2007 (Public Law 110-140; referred to in this section as
``EISAct2007'') as follows:
The following
percentage of annual
receipts to the ANWR
Alternative Energy
To carry out the provisions of: Trust Fund, but not to
exceed the limit on
amount authorized, if
any:
EPAct2005:
Section 210.................................. 1.5 percent
Section 242.................................. 1.0 percent
Section 369.................................. 2.0 percent
Section 401.................................. 6.0 percent
Section 812.................................. 6.0 percent
Section 931.................................. 19.0 percent
Section 942.................................. 1.5 percent
Section 962.................................. 3.0 percent
Section 968.................................. 1.5 percent
Section 1704................................. 6.0 percent
EISAct2007:
Section 207.................................. 15.0 percent
Section 607.................................. 1.5 percent
Title VI, Subtitle B......................... 3.0 percent
Title VI, Subtitle C......................... 1.5 percent
Section 641.................................. 9.0 percent
Title VII, Subtitle A........................ 10.0 percent
Section 1112................................. 1.5 percent
Section 1304................................. 11.0 percent.
(2) Apportionment of excess amount.--Notwithstanding
paragraph (1), any amounts allocated under paragraph (1) that
are in excess of the amounts authorized in the applicable cited
section or subtitle of EPAct2005 and EISAct2007 shall be
reallocated to the remaining sections and subtitles cited in
paragraph (1), up to the amounts otherwise authorized by law to
carry out those sections and subtitles, in proportion to the
amounts authorized by law to be appropriated for those other
sections and subtitles.
TITLE III--REGULATORY STREAMLINING
SEC. 301. COMMERCIAL LEASING PROGRAM FOR OIL SHALE RESOURCES ON PUBLIC
LAND.
Subsection (e) of the Oil Shale, Tar Sands, and Other Strategic
Unconventional Fuels Act of 2005 (42 U.S.C. 15927(e)) is amended--
(1) in the first sentence, by striking ``Not later'' and
inserting the following:
``(1) In general.--Not later'';
(2) in the second sentence--
(A) by striking ``If the Secretary'' and inserting
the following:
``(2) Lease sales.--
``(A) In general.--If the Secretary''; and
(B) by striking ``may'' and inserting ``shall'';
(3) in the last sentence, by striking ``Evidence of
interest'' and inserting the following:
``(B) Evidence of interest.--Evidence of
interest''; and
(4) by adding at the end the following:
``(C) Subsequent lease sales.--During any period
for which the Secretary determines that there is
sufficient support and interest in a State in the
development of tar sands and oil shale resources, the
Secretary shall--
``(i) at least annually, consult with the
persons described in paragraph (1) to expedite
the commercial leasing program for oil shale
resources on public land in the State; and
``(ii) at least once every 270 days,
conduct a lease sale in the State under the
commercial leasing program regulations.''.
SEC. 302. 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.
(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 the 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.
(f) Deadline for Appeal to the Supreme Court.--If a writ of
certiorari has been granted by the Supreme Court pursuant to subsection
(e), the interlocutory or final judgment, decree, or order of the
district court shall be resolved as expeditiously as practicable and in
any event not more than 180 days after the interlocutory or final
judgment, decree, order of the district court is issued.
SEC. 303. ENVIRONMENTAL IMPACT STATEMENTS.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) is amended by adding at the end the following:
``SEC. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL IMPACT STATEMENTS.
``(a) Completion.--
``(1) In general.--Notwithstanding any other provision of
law, each review carried out under section 102(2)(C) with
respect to any action taken under any provision of law, or for
which funds are made available under any provision of law,
shall be completed not later than the date that is 270 days
after the commencement of the review.
``(2) Failure to complete review.--If a review described in
paragraph (1) has not been completed for an action subject to
section 102(2)(C) by the date specified in paragraph (1)--
``(A) the action shall be considered to have no
significant impact described in section 102(2)(C); and
``(B) that classification shall be considered to be
a final agency action.
``(3) Unemployment rate.--If the national unemployment rate
is 5 percent or more, the lead agency conducting a review of an
action under this section shall use the most expeditious means
authorized under this title to conduct the review.
``(b) Lead Agency.--The lead agency for a review of an action under
this section shall be the Federal agency to which funds are made
available for the action.
``(c) Review.--
``(1) Administrative appeals.--There shall be a single
administrative appeal for each review carried out pursuant to
section 102(2)(C).
``(2) Judicial review.--
``(A) In general.--On resolution of the
administrative appeal, judicial review of the final
agency decision after exhaustion of administrative
remedies shall lie with the United States Court of
Appeals for the District of Columbia Circuit.
``(B) Administrative record.--An appeal to the
court described in subparagraph (A) shall be based only
on the administrative record.
``(C) Pendency of judicial review.--After an agency
has made a final decision with respect to a review
carried out under this subsection, the decision shall
be effective during the course of any subsequent appeal
to a court described in subparagraph (A).
``(3) Civil action.--Each civil action covered by this
section shall be considered to arise under the laws of the
United States.''.
SEC. 304. CLEAN AIR REGULATION.
(a) Regulation of Greenhouse Gases.--Section 302(g) of the Clean
Air Act (42 U.S.C. 7602(g)) is amended--
(1) by striking ``(g) The term'' and inserting the
following:
``(g) Air Pollutant.--
``(1) In general.--The term'';
(2) by striking ``Such term'' and inserting the following:
``(2) Inclusions.--The term `air pollutant'''; and
(3) by adding at the end the following:
``(3) Exclusions.--The term `air pollutant' does not
include carbon dioxide, methane from agriculture or livestock,
or water vapor.''.
(b) Emission Waivers.--The Administrator of the Environmental
Protection Agency shall not grant to any State any waiver of Federal
preemption of motor vehicle standards under section 209(b) of the Clean
Air Act (42 U.S.C. 7543(b)) for preemption under that Act for any
regulation of the State to control greenhouse gas emissions from motor
vehicles.
SEC. 305. 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 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) the direct and indirect adverse
impacts on the economies of local communities
that are projected to result from the
requirement;
``(v) energy sectors that could be expected
to retire units as a result of the requirement;
``(vi) the impact of the requirement on the
price of electricity, oil, gas, coal, and
renewable resources;
``(vii) the economic harm to consumers
resulting from the requirement;
``(viii) 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;
``(ix) 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;
``(x) the adverse impacts of the
requirement on electric reliability that are
expected to result from the retirement of
electric generation;
``(xi) the geographical distribution of the
projected adverse electric reliability impacts
of the requirement;
``(xii) 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; 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. 306. 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 the operation of any
water supply or flood control project by a Federal agency.''.
(b) Prohibition of Consideration of Impact of Greenhouse Gas.--
(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 GAS.
``(a) Definition of Greenhouse.--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 Gas.--The impact of greenhouse gas 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 gas.''.
SEC. 307. REISSUANCE OF PERMITS AND LEASES.
(a) Environmental Protection Agency.--Not later than 30 days after
the date of enactment of this Act, the Administrator of the Environment
Protection Agency shall approve the specification of the areas
described in the notice entitled ``Final Determination of the Assistant
Administrator for Water Pursuant to Section 404(c) of the Clean Water
Act Concerning the Spruce No. 1 Mine, Logan County, WV'' (76 Fed. Reg.
3126; January 19. 2011), with no further review or analysis.
(b) Department of the Interior.--Not later than 30 days after the
date of enactment of this Act, the Secretary of the Interior shall
issue or reissue, with no further review or analysis, each lease for
the production of oil or gas in the State of Utah was cancelled during
any of calendar years 2009 through 2011.
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 PIPELINE.
(a) In General.--The Secretary of State (referred to in this
section as the ``Secretary'') shall take such actions as are necessary
to expedite the permit request for the Keystone XL pipeline that is
pending on the date of enactment of this Act (referred to in this
section as the ``pipeline'') in accordance with this section.
(b) Greenhouse Gas Impacts.--The Secretary shall not consider
greenhouse gas impacts during the permit review process for the
pipeline.
(c) NEPA Compliance.--Effective beginning on the date that is 120
days after the date of enactment of this Act, the pipeline project
shall be considered in compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Additional Routes.--In conducting the permit review process,
the Secretary shall consider additional routes for the pipeline,
including routes that are parallel to the United States portions of
Keystone 1.
(e) Permit Review.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall complete the permit review
for the pipeline
(f) Decision.--Not later than 125 days after the date of enactment
of this Act, the Secretary shall issue a decision on the permit for the
pipeline.
SEC. 310. BEAUFORT SEA OIL DRILLING PROJECT.
Not later than 30 days after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall issue a
permit under the Clean Air Act (42 U.S.C. 7401 et seq.) to Shell Oil
Company to permit the Company to drill for oil in the Beaufort Sea,
with no further review or analysis.
SEC. 311. 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.''.
Calendar No. 23
112th CONGRESS
1st Session
S. 706
_______________________________________________________________________
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.
_______________________________________________________________________
April 4, 2011
Read the second time and placed on the calendar
Introduced in Senate
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 23.
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