What it changes

1 change to S. 3268

Adds a section
  1. Adds SEC. __. PRESIDENTIAL APPROVAL OF EXPLORATION, DEVELOPMENT, AND PRODUCTION PROJECTS UNDER FEDERAL OIL AND GAS LEASES wherever appropriate

    Adds a section

    Inserted: SEC. __. PRESIDENTIAL APPROVAL OF EXPLORATION, DEVELOPMENT, AND PRODUCTION PROJECTS UNDER FEDERAL OIL AND GAS LEASES.

    Inserted: (a) Findings.--Congress finds that--

    Inserted: (1) the responsible development of the domestic oil and gas resources of the United States is vital to the economy and national security of the United States;

    Inserted: (2) the immediate and long-term interests of the people of United States are served by encouraging domestic oil and gas exploration, development, and production;

    Inserted: (3) to achieve those objectives, domestic energy development projects should proceed without persistent litigation, subject to the regulatory oversight of responsible Federal agencies; and

    Inserted: (4) the long-term planning and heavy investments of human and financial resources necessary to develop and produce domestic oil and gas resources are frustrated, and future investments discouraged, when projects that have been reviewed and approved by the responsible executive branch agencies are enjoined or otherwise halted in the courts.

    Inserted: (b) Purpose.--The purpose of this section is to authorize the President to review and approve oil and gas exploration, development, and production projects under Federal oil and gas leases, both onshore and offshore, on a finding that the project complies with all applicable Federal law.

    Inserted: (c) Review by President.--Notwithstanding any other provision of law, the President may review any project for the exploration, development, or production of oil or gas resources under a Federal lease, located onshore or offshore, to determine whether the project complies with all applicable Federal law.

    Inserted: (d) Approval.--A project described in subsection (c) (including all authorizations, permits, studies, or other forms of executive branch approvals otherwise required to conduct the project) shall be conclusively approved and authorized to proceed on a written finding submitted by the President to Congress that the project--

    Inserted: (1) serves the public interest in responsible domestic oil or gas development; and

    Inserted: (2) complies with all applicable Federal law.

    Inserted: (e) Administrative or Judicial Review.--The decision of the President under this section and the project approved under subsection (d) shall not be subject to further administrative or judicial review, stay, or injunction or, if pending, continued administrative or judicial review, stay, or injunction, except with respect to an appeal filed by an applicant for a permit to carry out the project or a claim based on the Constitution of the United States.

    Show 3 more inserted paragraphs

    Inserted: (f) Regulatory Oversight.--A project approved by the President under this section shall--

    Inserted: (1) continue to be subject to the regulatory oversight of the Federal agencies with jurisdiction over activities conducted under the project, as otherwise provided by law; and

    Inserted: (2) be regulated under the terms, conditions, and requirements of any authorization, permit, or other approval necessary to conduct the activities.

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 5161. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 3268, to amend the Commodity Exchange Act, to prevent excessive price speculation with respect to energy commodities, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PRESIDENTIAL APPROVAL OF EXPLORATION, DEVELOPMENT, AND PRODUCTION PROJECTS UNDER FEDERAL OIL AND GAS LEASES.

(a) Findings.--Congress finds that--

(1) the responsible development of the domestic oil and gas resources of the United States is vital to the economy and national security of the United States;

(2) the immediate and long-term interests of the people of United States are served by encouraging domestic oil and gas exploration, development, and production;

(3) to achieve those objectives, domestic energy development projects should proceed without persistent litigation, subject to the regulatory oversight of responsible Federal agencies; and

(4) the long-term planning and heavy investments of human and financial resources necessary to develop and produce domestic oil and gas resources are frustrated, and future investments discouraged, when projects that have been reviewed and approved by the responsible executive branch agencies are enjoined or otherwise halted in the courts.

(b) Purpose.--The purpose of this section is to authorize the President to review and approve oil and gas exploration, development, and production projects under Federal oil and gas leases, both onshore and offshore, on a finding that the project complies with all applicable Federal law.

(c) Review by President.--Notwithstanding any other provision of law, the President may review any project for the exploration, development, or production of oil or gas resources under a Federal lease, located onshore or offshore, to determine whether the project complies with all applicable Federal law.

(d) Approval.--A project described in subsection (c) (including all authorizations, permits, studies, or other forms of executive branch approvals otherwise required to conduct the project) shall be conclusively approved and authorized to proceed on a written finding submitted by the President to Congress that the project--

(1) serves the public interest in responsible domestic oil or gas development; and

(2) complies with all applicable Federal law.

(e) Administrative or Judicial Review.--The decision of the President under this section and the project approved under subsection (d) shall not be subject to further administrative or judicial review, stay, or injunction or, if pending, continued administrative or judicial review, stay, or injunction, except with respect to an appeal filed by an applicant for a permit to carry out the project or a claim based on the Constitution of the United States.

(f) Regulatory Oversight.--A project approved by the President under this section shall--

(1) continue to be subject to the regulatory oversight of the Federal agencies with jurisdiction over activities conducted under the project, as otherwise provided by law; and

(2) be regulated under the terms, conditions, and requirements of any authorization, permit, or other approval necessary to conduct the activities.

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Senate amendment submitted

July 24, 2008

Amendments

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