IB 

Union Calendar No. 273 

112TH CONGRESS 

2D SESSION H. R. 3407 

[Report No. 112–393] 

To direct the Secretary of the Interior to establish and implement a competitive oil and gas leasing program for the exploration, development, and 

production of the oil and gas resources of the Coastal Plain of Alaska, 

to ensure secure energy supplies for the continental Pacific Coast of 

the United States, lower prices, and reduce imports, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2011 

Mr. HASTINGS of Washington (for himself and Mr. YOUNG of Alaska) introduced the following bill; which was referred to the Committee on Natural 

Resources 

FEBRUARY 9, 2012 

Additional sponsors: Mr. KLINE and Mr. DUNCAN of South Carolina 

FEBRUARY 9, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on November 14, 2011] 

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A BILL 

To direct the Secretary of the Interior to establish and 

implement a competitive oil and gas leasing program 

for the exploration, development, and production of the 

oil and gas resources of the Coastal Plain of Alaska, 

to ensure secure energy supplies for the continental Pacific Coast of the United States, lower prices, and reduce 

imports, and for other purposes. 

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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alaskan Energy for 

5 American Jobs Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COASTAL PLAIN.—The term ‘‘Coastal Plain’’ 

9 means that area described in appendix I to part 37 

10 of title 50, Code of Federal Regulations. 

11 (2) PEER REVIEWED.—The term ‘‘peer reviewed’’ 

12 means reviewed— 

13 (A) by individuals chosen by the National 

14 Academy of Sciences with no contractual rela15 tionship with, or those who have no application 

16 for a grant or other funding pending with, the 

17 Federal agency with leasing jurisdiction; or 

18 (B) if individuals described in subpara19 graph (A) are not available, by the top individ20 uals in the specified biological fields, as deter21 mined by the National Academy of Sciences. 

22 (3) SECRETARY.—The term ‘‘Secretary’’, except 

23 as otherwise provided, means the Secretary of the In24 terior or the Secretary’s designee. 

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1 SEC. 3. LEASING PROGRAM FOR LANDS WITHIN THE COAST2 AL PLAIN. 

3 (a) IN GENERAL.—The Secretary shall take such ac4 tions as are necessary— 

5 (1) to establish and implement, in accordance 

6 with this Act and acting through the Director of the 

7 Bureau of Land Management in consultation with the 

8 Director of the United States Fish and Wildlife Serv9 ice, a competitive oil and gas leasing program that 

10 will result in the exploration, development, and pro11 duction of the oil and gas resources of the Coastal 

12 Plain; and 

13 (2) to administer the provisions of this Act 

14 through regulations, lease terms, conditions, restric15 tions, prohibitions, stipulations, and other provisions 

16 that ensure the oil and gas exploration, development, 

17 and production activities on the Coastal Plain will 

18 result in no significant adverse effect on fish and 

19 wildlife, their habitat, subsistence resources, and the 

20 environment, including, in furtherance of this goal, 

21 by requiring the application of the best commercially 

22 available technology for oil and gas exploration, de23 velopment, and production to all exploration, develop24 ment, and production operations under this Act in a 

25 manner that ensures the receipt of fair market value 

26 by the public for the mineral resources to be leased. 

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1 (b) REPEAL OF EXISTING RESTRICTION.— 

2 (1) REPEAL.—Section 1003 of the Alaska Na3 tional Interest Lands Conservation Act (16 U.S.C. 

4 3143) is repealed. 

5 (2) CONFORMING AMENDMENT.—The table of 

6 contents in section 1 of such Act is amended by strik7 ing the item relating to section 1003. 

8 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER9 TAIN OTHER LAWS.— 

10 (1) COMPATIBILITY.—For purposes of the Na11 tional Wildlife Refuge System Administration Act of 

12 1966 (16 U.S.C. 668dd et seq.), the oil and gas leas13 ing program and activities authorized by this section 

14 in the Coastal Plain are deemed to be compatible with 

15 the purposes for which the Arctic National Wildlife 

16 Refuge was established, and no further findings or de17 cisions are required to implement this determination. 

18 (2) ADEQUACY OF THE DEPARTMENT OF THE IN19 TERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

20 STATEMENT.—The ‘‘Final Legislative Environmental 

21 Impact Statement’’ (April 1987) on the Coastal Plain 

22 prepared pursuant to section 1002 of the Alaska Na23 tional Interest Lands Conservation Act (16 U.S.C. 

24 3142) and section 102(2)(C) of the National Environ25 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is 

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1 deemed to satisfy the requirements under the National 

2 Environmental Policy Act of 1969 that apply with 

3 respect to prelease activities under this Act, including 

4 actions authorized to be taken by the Secretary to de5 velop and promulgate the regulations for the establish6 ment of a leasing program authorized by this Act be7 fore the conduct of the first lease sale. 

8 (3) COMPLIANCE WITH NEPA FOR OTHER AC9 TIONS.—Before conducting the first lease sale under 

10 this Act, the Secretary shall prepare an environ11 mental impact statement under the National Envi12 ronmental Policy Act of 1969 with respect to the ac13 tions authorized by this Act that are not referred to 

14 in paragraph (2). Notwithstanding any other law, the 

15 Secretary is not required to identify nonleasing alter16 native courses of action or to analyze the environ17 mental effects of such courses of action. The Secretary 

18 shall only identify a preferred action for such leasing 

19 and a single leasing alternative, and analyze the en20 vironmental effects and potential mitigation measures 

21 for those two alternatives. The identification of the 

22 preferred action and related analysis for the first 

23 lease sale under this Act shall be completed within 18 

24 months after the date of enactment of this Act. The 

25 Secretary shall only consider public comments that 

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1 specifically address the Secretary’s preferred action 

2 and that are filed within 20 days after publication of 

3 an environmental analysis. Notwithstanding any 

4 other law, compliance with this paragraph is deemed 

5 to satisfy all requirements for the analysis and con6 sideration of the environmental effects of proposed 

7 leasing under this Act. 

8 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR9 ITY.—Nothing in this Act shall be considered to expand or 

10 limit State and local regulatory authority. 

11 (e) SPECIAL AREAS.— 

12 (1) IN GENERAL.—The Secretary, after consulta13 tion with the State of Alaska, the city of Kaktovik, 

14 and the North Slope Borough, may designate up to a 

15 total of 45,000 acres of the Coastal Plain as a Special 

16 Area if the Secretary determines that the Special 

17 Area is of such unique character and interest so as 

18 to require special management and regulatory protec19 tion. The Secretary shall designate as such a Special 

20 Area the Sadlerochit Spring area, comprising ap21 proximately 4,000 acres. 

22 (2) MANAGEMENT.—Each such Special Area 

23 shall be managed so as to protect and preserve the 

24 area’s unique and diverse character including its fish, 

25 wildlife, and subsistence resource values. 

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1 (3) EXCLUSION FROM LEASING OR SURFACE OC2 CUPANCY.—The Secretary may exclude any Special 

3 Area from leasing. If the Secretary leases a Special 

4 Area, or any part thereof, for purposes of oil and gas 

5 exploration, development, production, and related ac6 tivities, there shall be no surface occupancy of the 

7 lands comprising the Special Area. 

8 (4) DIRECTIONAL DRILLING.—Notwithstanding 

9 the other provisions of this subsection, the Secretary 

10 may lease all or a portion of a Special Area under 

11 terms that permit the use of horizontal drilling tech12 nology from sites on leases tracts located outside the 

13 Special Area. 

14 (f) LIMITATION ON CLOSED AREAS.—The Secretary’s 

15 sole authority to close lands within the Coastal Plain to 

16 oil and gas leasing and to exploration, development, and 

17 production is that set forth in this Act. 

18 (g) REGULATIONS.— 

19 (1) IN GENERAL.—The Secretary shall prescribe 

20 such regulations as may be necessary to carry out this 

21 Act, including regulations relating to protection of the 

22 fish and wildlife, their habitat, subsistence resources, 

23 and environment of the Coastal Plain, by no later 

24 than 15 months after the date of enactment of this 

25 Act. 

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1 (2) REVISION OF REGULATIONS.—The Secretary 

2 shall, through a rule making conducted in accordance 

3 with section 553 of title 5, United States Code, peri4 odically review and, if appropriate, revise the regula5 tions issued under subsection (a) to reflect a prepon6 derance of the best available scientific evidence that 

7 has been peer reviewed and obtained by following ap8 propriate, documented scientific procedures, the re9 sults of which can be repeated using those same proce10 dures. 

11 SEC. 4. LEASE SALES. 

12 (a) IN GENERAL.—Lands may be leased under this Act 

13 to any person qualified to obtain a lease for deposits of oil 

14 and gas under the Mineral Leasing Act (30 U.S.C. 181 et 

15 seq.). 

16 (b) PROCEDURES.—The Secretary shall, by regulation 

17 and no later than 180 days after the date of enactment of 

18 this Act, establish procedures for— 

19 (1) receipt and consideration of sealed nomina20 tions for any area of the Coastal Plain for inclusion 

21 in, or exclusion (as provided in subsection (c)) from, 

22 a lease sale; 

23 (2) the holding of lease sales after such nomina24 tion process; and 

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1 (3) public notice of and comment on designation 

2 of areas to be included in, or excluded from, a lease 

3 sale. 

4 (c) LEASE SALE BIDS.—Lease sales under this Act 

5 may be conducted through an Internet leasing program, if 

6 the Secretary determines that such a system will result in 

7 savings to the taxpayer, an increase in the number of bid8 ders participating, and higher returns than oral bidding 

9 or a sealed bidding system. 

10 (d) SALE ACREAGES AND SCHEDULE.— 

11 (1) The Secretary shall offer for lease under this 

12 Act those tracts the Secretary considers to have the 

13 greatest potential for the discovery of hydrocarbons, 

14 taking into consideration nominations received pur15 suant to subsection (b)(1). 

16 (2) The Secretary shall offer for lease under this 

17 Act no less than 50,000 acres for lease within 22 

18 months after the date of the enactment of this Act. 

19 (3) The Secretary shall offer for lease under this 

20 Act no less than an additional 50,000 acres at 6-, 12- 

21 , and 18-month intervals following offering under 

22 paragraph (2). 

23 (4) The Secretary shall conduct four additional 

24 sales under the same terms and schedule no later than 

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1 graph (3), if sufficient interest in leasing exists to 

2 warrant, in the Secretary’s judgment, the conduct of 

3 such sales. 

4 (5) The Secretary shall evaluate the bids in each 

5 sale and issue leases resulting from such sales, within 

6 90 days after the date of the completion of such sale. 

7 SEC. 5. GRANT OF LEASES BY THE SECRETARY. 

8 (a) IN GENERAL.—The Secretary may grant to the 

9 highest responsible qualified bidder in a lease sale conducted 

10 under section 4 any lands to be leased on the Coastal Plain 

11 upon payment by the such bidder of such bonus as may 

12 be accepted by the Secretary. 

13 (b) SUBSEQUENT TRANSFERS.—No lease issued under 

14 this Act may be sold, exchanged, assigned, sublet, or other15 wise transferred except with the approval of the Secretary. 

16 Prior to any such approval the Secretary shall consult with, 

17 and give due consideration to the views of, the Attorney 

18 General. 

19 SEC. 6. LEASE TERMS AND CONDITIONS. 

20 (a) IN GENERAL.—An oil or gas lease issued under 

21 this Act shall— 

22 (1) provide for the payment of a royalty of not 

less than 121 23 ⁄2 percent in amount or value of the pro24 duction removed or sold under the lease, as determstockstill on DSK4VPTVN1PROD with BILLS

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1 mined by the Secretary under the regulations applica2 ble to other Federal oil and gas leases; 

3 (2) provide that the Secretary may close, on a 

4 seasonal basis, portions of the Coastal Plain to ex5 ploratory drilling activities as necessary to protect 

6 caribou calving areas and other species of fish and 

7 wildlife based on a preponderance of the best available 

8 scientific evidence that has been peer reviewed and ob9 tained by following appropriate, documented sci10 entific procedures, the results of which can be repeated 

11 using those same procedures; 

12 (3) require that the lessee of lands within the 

13 Coastal Plain shall be fully responsible and liable for 

14 the reclamation of lands within the Coastal Plain and 

15 any other Federal lands that are adversely affected in 

16 connection with exploration, development, production, 

17 or transportation activities conducted under the lease 

18 and within the Coastal Plain by the lessee or by any 

19 of the subcontractors or agents of the lessee; 

20 (4) provide that the lessee may not delegate or 

21 convey, by contract or otherwise, the reclamation re22 sponsibility and liability to another person without 

23 the express written approval of the Secretary; 

24 (5) provide that the standard of reclamation for 

25 lands required to be reclaimed under this Act shall be, 

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1 as nearly as practicable, a condition capable of sup2 porting the uses which the lands were capable of sup3 porting prior to any exploration, development, or pro4 duction activities, or upon application by the lessee, 

5 to a higher or better use as certified by the Secretary; 

6 (6) contain terms and conditions relating to pro7 tection of fish and wildlife, their habitat, subsistence 

8 resources, and the environment as required pursuant 

9 to section 3(a)(2); 

10 (7) provide that the lessee, its agents, and its 

11 contractors use best efforts to provide a fair share, as 

12 determined by the level of obligation previously agreed 

13 to in the 1974 agreement implementing section 29 of 

14 the Federal Agreement and Grant of Right of Way for 

15 the Operation of the Trans-Alaska Pipeline, of em16 ployment and contracting for Alaska Natives and 

17 Alaska Native corporations from throughout the State; 

18 (8) prohibit the export of oil produced under the 

19 lease; and 

20 (9) contain such other provisions as the Sec21 retary determines necessary to ensure compliance 

22 with this Act and the regulations issued under this 

23 Act. 

24 (b) NEGOTIATED LABOR AGREEMENTS.—The Sec25 retary, as a term and condition of each lease under this 

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1 Act, shall require that the lessee and its agents and contrac2 tors negotiate to obtain an agreement for the employment 

3 of laborers and mechanics on production, maintenance, and 

4 construction under the lease. 

5 SEC. 7. POLICIES REGARDING BUYING, BUILDING, AND 

6 WORKING FOR AMERICA. 

7 (a) CONGRESSIONAL INTENT.—It is the intent of the 

8 Congress that— 

9 (1) this Act will support a healthy and growing 

10 United States domestic energy sector that, in turn, 

11 helps to reinvigorate American manufacturing, trans12 portation, and service sectors by employing the vast 

13 talents of United States workers to assist in the devel14 opment of energy from domestic sources; and 

15 (2) Congress will monitor the deployment of per16 sonnel and material onshore and offshore to encourage 

17 the development of American technology and manu18 facturing to enable United States workers to benefit 

19 from this Act through good jobs and careers, as well 

20 as the establishment of important industrial facilities 

21 to support expanded access to American resources. 

22 (b) REQUIREMENT.—The Secretary of the Interior 

23 shall when possible, and practicable, encourage the use of 

24 United States workers and equipment manufactured in the 

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1 United States in all construction related to mineral devel2 opment on the Coastal Plain. 

3 SEC. 8. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

4 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD TO

5 GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.—The 

6 Secretary shall, consistent with the requirements of section 

7 3, administer this Act through regulations, lease terms, con8 ditions, restrictions, prohibitions, stipulations, and other 

9 provisions that— 

10 (1) ensure the oil and gas exploration, develop11 ment, and production activities on the Coastal Plain 

12 will result in no significant adverse effect on fish and 

13 wildlife, their habitat, and the environment; 

14 (2) require the application of the best commer15 cially available technology for oil and gas explo16 ration, development, and production on all new explo17 ration, development, and production operations; and 

18 (3) ensure that the maximum amount of surface 

19 acreage covered by production and support facilities, 

20 including airstrips and any areas covered by gravel 

21 berms or piers for support of pipelines, does not ex22 ceed 10,000 acres on the Coastal Plain for each 

23 100,000 acres of area leased. 

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1 (b) SITE-SPECIFIC ASSESSMENT AND MITIGATION.— 

2 The Secretary shall also require, with respect to any pro3 posed drilling and related activities, that— 

4 (1) a site-specific analysis be made of the prob5 able effects, if any, that the drilling or related activi6 ties will have on fish and wildlife, their habitat, sub7 sistence resources, and the environment; 

8 (2) a plan be implemented to avoid, minimize, 

9 and mitigate (in that order and to the extent prac10 ticable) any significant adverse effect identified under 

11 paragraph (1); and 

12 (3) the development of the plan shall occur after 

13 consultation with the agency or agencies having juris14 diction over matters mitigated by the plan. 

15 (c) REGULATIONS TO PROTECT COASTAL PLAIN FISH

16 AND WILDLIFE RESOURCES, SUBSISTENCE USERS, AND

17 THE ENVIRONMENT.—Before implementing the leasing pro18 gram authorized by this Act, the Secretary shall prepare 

19 and promulgate regulations, lease terms, conditions, restric20 tions, prohibitions, stipulations, and other measures de21 signed to ensure that the activities undertaken on the Coast22 al Plain under this Act are conducted in a manner con23 sistent with the purposes and environmental requirements 

24 of this Act. 

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1 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI2 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The pro3 posed regulations, lease terms, conditions, restrictions, pro4 hibitions, and stipulations for the leasing program under 

5 this Act shall require compliance with all applicable provi6 sions of Federal and State environmental law, and shall 

7 also require the following: 

8 (1) Standards at least as effective as the safety 

9 and environmental mitigation measures set forth in 

10 items 1 through 29 at pages 167 through 169 of the 

11 ‘‘Final Legislative Environmental Impact Statement’’ 

12 (April 1987) on the Coastal Plain. 

13 (2) Seasonal limitations on exploration, develop14 ment, and related activities, where necessary, to avoid 

15 significant adverse effects during periods of con16 centrated fish and wildlife breeding, denning, nesting, 

17 spawning, and migration based on a preponderance 

18 of the best available scientific evidence that has been 

19 peer reviewed and obtained by following appropriate, 

20 documented scientific procedures, the results of which 

21 can be repeated using those same procedures. 

22 (3) That exploration activities, except for surface 

23 geological studies, be limited to the period between ap24 proximately November 1 and May 1 each year and 

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1 essary, by ice roads, winter trails with adequate snow 

2 cover, ice pads, ice airstrips, and air transport meth3 ods, except that such exploration activities may occur 

4 at other times if the Secretary finds that such explo5 ration will have no significant adverse effect on the 

6 fish and wildlife, their habitat, and the environment 

7 of the Coastal Plain. 

8 (4) Design safety and construction standards for 

9 all pipelines and any access and service roads, that— 

10 (A) minimize, to the maximum extent pos11 sible, adverse effects upon the passage of migra12 tory species such as caribou; and 

13 (B) minimize adverse effects upon the flow 

14 of surface water by requiring the use of culverts, 

15 bridges, and other structural devices. 

16 (5) Prohibitions on general public access and use 

17 on all pipeline access and service roads. 

18 (6) Stringent reclamation and rehabilitation re19 quirements, consistent with the standards set forth in 

20 this Act, requiring the removal from the Coastal 

21 Plain of all oil and gas development and production 

22 facilities, structures, and equipment upon completion 

23 of oil and gas production operations, except that the 

24 Secretary may exempt from the requirements of this 

25 paragraph those facilities, structures, or equipment 

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1 that the Secretary determines would assist in the 

2 management of the Arctic National Wildlife Refuge 

3 and that are donated to the United States for that 

4 purpose. 

5 (7) Appropriate prohibitions or restrictions on 

6 access by all modes of transportation. 

7 (8) Appropriate prohibitions or restrictions on 

8 sand and gravel extraction. 

9 (9) Consolidation of facility siting. 

10 (10) Appropriate prohibitions or restrictions on 

11 use of explosives. 

12 (11) Avoidance, to the extent practicable, of 

13 springs, streams, and river systems; the protection of 

14 natural surface drainage patterns, wetlands, and ri15 parian habitats; and the regulation of methods or 

16 techniques for developing or transporting adequate 

17 supplies of water for exploratory drilling. 

18 (12) Avoidance or minimization of air traffic-re19 lated disturbance to fish and wildlife. 

20 (13) Treatment and disposal of hazardous and 

21 toxic wastes, solid wastes, reserve pit fluids, drilling 

22 muds and cuttings, and domestic wastewater, includ23 ing an annual waste management report, a hazardous 

24 materials tracking system, and a prohibition on 

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1 chlorinated solvents, in accordance with applicable 

2 Federal and State environmental law. 

3 (14) Fuel storage and oil spill contingency plan4 ning. 

5 (15) Research, monitoring, and reporting re6 quirements. 

7 (16) Field crew environmental briefings. 

8 (17) Avoidance of significant adverse effects upon 

9 subsistence hunting, fishing, and trapping by subsist10 ence users. 

11 (18) Compliance with applicable air and water 

12 quality standards. 

13 (19) Appropriate seasonal and safety zone des14 ignations around well sites, within which subsistence 

15 hunting and trapping shall be limited. 

16 (20) Reasonable stipulations for protection of 

17 cultural and archeological resources. 

18 (21) All other protective environmental stipula19 tions, restrictions, terms, and conditions deemed nec20 essary by the Secretary. 

21 (e) CONSIDERATIONS.—In preparing and promul22 gating regulations, lease terms, conditions, restrictions, pro23 hibitions, and stipulations under this section, the Secretary 

24 shall consider the following: 

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1 (1) The stipulations and conditions that govern 

2 the National Petroleum Reserve-Alaska leasing pro3 gram, as set forth in the 1999 Northeast National Pe4 troleum Reserve-Alaska Final Integrated Activity 

5 Plan/Environmental Impact Statement. 

6 (2) The environmental protection standards that 

7 governed the initial Coastal Plain seismic exploration 

8 program under parts 37.31 to 37.33 of title 50, Code 

9 of Federal Regulations. 

10 (3) The land use stipulations for exploratory 

11 drilling on the KIC–ASRC private lands that are set 

12 forth in appendix 2 of the August 9, 1983, agreement 

13 between Arctic Slope Regional Corporation and the 

14 United States. 

15 (f) FACILITY CONSOLIDATION PLANNING.— 

16 (1) IN GENERAL.—The Secretary shall, after pro17 viding for public notice and comment, prepare and 

18 update periodically a plan to govern, guide, and di19 rect the siting and construction of facilities for the ex20 ploration, development, production, and transpor21 tation of Coastal Plain oil and gas resources. 

22 (2) OBJECTIVES.—The plan shall have the fol23 lowing objectives: 

24 (A) Avoiding unnecessary duplication of fa25 cilities and activities. 

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1 (B) Encouraging consolidation of common 

2 facilities and activities. 

3 (C) Locating or confining facilities and ac4 tivities to areas that will minimize impact on 

5 fish and wildlife, their habitat, and the environ6 ment. 

7 (D) Utilizing existing facilities wherever 

8 practicable. 

9 (E) Enhancing compatibility between wild10 life values and development activities. 

11 (g) ACCESS TO PUBLIC LANDS.—The Secretary 

12 shall— 

13 (1) manage public lands in the Coastal Plain 

14 subject to section 811 of the Alaska National Interest 

15 Lands Conservation Act (16 U.S.C. 3121); and 

16 (2) ensure that local residents shall have reason17 able access to public lands in the Coastal Plain for 

18 traditional uses. 

19 SEC. 9. EXPEDITED JUDICIAL REVIEW. 

20 (a) FILING OF COMPLAINT.— 

21 (1) DEADLINE.—Subject to paragraph (2), any 

22 complaint seeking judicial review— 

23 (A) of any provision of this Act shall be 

24 filed by not later than 1 year after the date of 

25 enactment of this Act; or 

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1 (B) of any action of the Secretary under 

2 this Act shall be filed— 

3 (i) except as provided in clause (ii), 

4 within the 90-day period beginning on the 

5 date of the action being challenged; or 

6 (ii) in the case of a complaint based 

7 solely on grounds arising after such period, 

8 within 90 days after the complainant knew 

9 or reasonably should have known of the 

10 grounds for the complaint. 

11 (2) VENUE.—Any complaint seeking judicial re12 view of any provision of this Act or any action of the 

13 Secretary under this Act may be filed only in the 

14 United States Court of Appeals for the District of Co15 lumbia. 

16 (3) LIMITATION ON SCOPE OF CERTAIN RE17 VIEW.—Judicial review of a Secretarial decision to 

18 conduct a lease sale under this Act, including the en19 vironmental analysis thereof, shall be limited to 

20 whether the Secretary has complied with this Act and 

21 shall be based upon the administrative record of that 

22 decision. The Secretary’s identification of a preferred 

23 course of action to enable leasing to proceed and the 

24 Secretary’s analysis of environmental effects under 

25 this Act shall be presumed to be correct unless shown 

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1 otherwise by clear and convincing evidence to the con2 trary. 

3 (b) LIMITATION ON OTHER REVIEW.—Actions of the 

4 Secretary with respect to which review could have been ob5 tained under this section shall not be subject to judicial re6 view in any civil or criminal proceeding for enforcement. 

7 (c) LIMITATION ON ATTORNEYS’ FEES AND COURT

8 COSTS.—No person seeking judicial review of any action 

9 under this Act shall receive payment from the Federal Gov10 ernment for their attorneys’ fees and other court costs, in11 cluding under any provision of law enacted by the Equal 

12 Access to Justice Act (5 U.S.C. 504 note). 

13 SEC. 10. TREATMENT OF REVENUES. 

14 Notwithstanding any other provision of law, 50 per15 cent of the amount of bonus, rental, and royalty revenues 

16 from Federal oil and gas leasing and operations authorized 

17 under this Act shall be deposited in the Treasury. 

18 SEC. 11. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 

19 (a) IN GENERAL.—The Secretary shall issue rights-of20 way and easements across the Coastal Plain for the trans21 portation of oil and gas produced under leases under this 

22 Act— 

23 (1) except as provided in paragraph (2), under 

24 section 28 of the Mineral Leasing Act (30 U.S.C. 

25 185), without regard to title XI of the Alaska Namstockstill on DSK4VPTVN1PROD with BILLS

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1 tional Interest Lands Conservation Act (16 U.S.C. 

2 3161 et seq.); and 

3 (2) under title XI of the Alaska National Interest 

4 Lands Conservation Act (30 U.S.C. 3161 et seq.), for 

5 access authorized by sections 1110 and 1111 of that 

6 Act (16 U.S.C. 3170 and 3171). 

7 (b) TERMS AND CONDITIONS.—The Secretary shall in8 clude in any right-of-way or easement issued under sub9 section (a) such terms and conditions as may be necessary 

10 to ensure that transportation of oil and gas does not result 

11 in a significant adverse effect on the fish and wildlife, sub12 sistence resources, their habitat, and the environment of the 

13 Coastal Plain, including requirements that facilities be 

14 sited or designed so as to avoid unnecessary duplication of 

15 roads and pipelines. 

16 (c) REGULATIONS.—The Secretary shall include in 

17 regulations under section 3(g) provisions granting rights18 of-way and easements described in subsection (a) of this sec19 tion. 

20 SEC. 12. CONVEYANCE. 

21 In order to maximize Federal revenues by removing 

22 clouds on title to lands and clarifying land ownership pat23 terns within the Coastal Plain, the Secretary, notwith24 standing section 1302(h)(2) of the Alaska National Interest 

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26 

•HR 3407 RH

1 Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall con2 vey— 

3 (1) to the Kaktovik Inupiat Corporation the sur4 face estate of the lands described in paragraph 1 of 

5 Public Land Order 6959, to the extent necessary to 

6 fulfill the Corporation’s entitlement under sections 12 

7 and 14 of the Alaska Native Claims Settlement Act 

8 (43 U.S.C. 1611 and 1613) in accordance with the 

9 terms and conditions of the Agreement between the 

10 Department of the Interior, the United States Fish 

11 and Wildlife Service, the Bureau of Land Manage12 ment, and the Kaktovik Inupiat Corporation dated 

13 January 22, 1993; and 

14 (2) to the Arctic Slope Regional Corporation the 

15 remaining subsurface estate to which it is entitled 

16 pursuant to the August 9, 1983, agreement between 

17 the Arctic Slope Regional Corporation and the United 

18 States of America. 

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Union Calendar No. 273 

112TH CONGRESS 

2D SESSION H. R. 3407 

[Report No. 112–393] 

A BILL 

To direct the Secretary of the Interior to establish 

and for other purposes. United States, lower prices, and reduce imports, supplies for the continental Pacific Coast of the Coastal Plain of Alaska, to ensure secure energy production of the oil and gas resources of the program for the exploration, development, and and implement a competitive oil and gas leasing 

FEBRUARY 9, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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