I 

115TH CONGRESS 

1ST SESSION H. R. 49 

To direct the Secretary of the Interior to establish and implement 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 of Alaska, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2017 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Natural Resources, and in addition to the Committees on 

Energy and Commerce, and Science, Space, and Technology, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To direct the Secretary of the Interior to establish and 

implement 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 of Alaska, 

and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘American Energy Inde3 pendence and Job Creation Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) COASTAL PLAIN.—The term ‘‘Coastal 

7 Plain’’ means that area described in appendix I to 

8 part 37 of title 50, Code of Federal Regulations. 

9 (2) SECRETARY.—The term ‘‘Secretary’’, except 

10 as otherwise provided, means the Secretary of the 

11 Interior or the Secretary’s designee. 

12 SEC. 3. LEASING PROGRAM FOR LANDS WITHIN THE 

13 COASTAL PLAIN. 

14 (a) IN GENERAL.—The Secretary shall take such ac15 tions as are necessary— 

16 (1) to establish and implement, in accordance 

17 with this Act and acting through the Director of the 

18 Bureau of Land Management in consultation with 

19 the Director of the United States Fish and Wildlife 

20 Service, a competitive oil and gas leasing program 

21 that will result in an environmentally sound program 

22 for the exploration, development, and production of 

23 the oil and gas resources of the Coastal Plain; and 

24 (2) to administer the provisions of this Act 

25 through regulations, lease terms, conditions, restric26 tions, prohibitions, stipulations, and other provisions 


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1 that ensure the oil and gas exploration, development, 

2 and production activities on the Coastal Plain will 

3 result in no significant adverse effect on fish and 

4 wildlife, their habitat, subsistence resources, and the 

5 environment, including, in furtherance of this goal, 

6 by requiring the application of the best commercially 

7 available technology for oil and gas exploration, de8 velopment, and production to all exploration, devel9 opment, and production operations under this Act in 

10 a manner that ensures the receipt of fair market 

11 value by the public for the mineral resources to be 

12 leased. 

13 (b) REPEAL.— 

14 (1) REPEAL.—Section 1003 of the Alaska Na15 tional Interest Lands Conservation Act of 1980 (16 

16 U.S.C. 3143) is repealed. 

17 (2) CONFORMING AMENDMENT.—The table of 

18 contents in section 1 of such Act is amended by 

19 striking the item relating to section 1003. 

20 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER21 TAIN OTHER LAWS.— 

22 (1) COMPATIBILITY.—For purposes of the Na23 tional Wildlife Refuge System Administration Act of 

24 1966 (16 U.S.C. 668dd et seq.), the oil and gas 

25 leasing program and activities authorized by this 


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1 section in the Coastal Plain are deemed to be com2 patible with the purposes for which the Arctic Na3 tional Wildlife Refuge was established, and no fur4 ther findings or decisions are required to implement 

5 this determination. 

6 (2) ADEQUACY OF THE DEPARTMENT OF THE

7 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

8 STATEMENT.—The ‘‘Final Legislative Environ9 mental Impact Statement’’ (April 1987) on the 

10 Coastal Plain prepared pursuant to section 1002 of 

11 the Alaska National Interest Lands Conservation 

12 Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) 

13 of the National Environmental Policy Act of 1969 

14 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the re15 quirements under the National Environmental Policy 

16 Act of 1969 that apply with respect to prelease ac17 tivities, including actions authorized to be taken by 

18 the Secretary to develop and promulgate the regula19 tions for the establishment of a leasing program au20 thorized by this Act before the conduct of the first 

21 lease sale. 

22 (3) COMPLIANCE WITH NEPA FOR OTHER AC23 TIONS.—Before conducting the first lease sale under 

24 this Act, the Secretary shall prepare an environ25 mental impact statement under the National EnviVerDate Sep 11 2014 22:05 Jan 05, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H49.IH H49

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1 ronmental Policy Act of 1969 with respect to the ac2 tions authorized by this Act that are not referred to 

3 in paragraph (2). Notwithstanding any other law, 

4 the Secretary is not required to identify nonleasing 

5 alternative courses of action or to analyze the envi6 ronmental effects of such courses of action. The Sec7 retary shall only identify a preferred action for such 

8 leasing and a single leasing alternative, and analyze 

9 the environmental effects and potential mitigation 

10 measures for those two alternatives. The identifica11 tion of the preferred action and related analysis for 

12 the first lease sale under this Act shall be completed 

13 within 18 months after the date of enactment of this 

14 Act. The Secretary shall only consider public com15 ments that specifically address the Secretary’s pre16 ferred action and that are filed within 20 days after 

17 publication of an environmental analysis. Notwith18 standing any other law, compliance with this para19 graph is deemed to satisfy all requirements for the 

20 analysis and consideration of the environmental ef21 fects of proposed leasing under this Act. 

22 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR23 ITY.—Nothing in this Act shall be considered to expand 

24 or limit State and local regulatory authority. 

25 (e) SPECIAL AREAS.— 


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1 (1) IN GENERAL.—The Secretary, after con2 sultation with the State of Alaska, the city of 

3 Kaktovik, and the North Slope Borough, may des4 ignate up to a total of 45,000 acres of the Coastal 

5 Plain as a Special Area if the Secretary determines 

6 that the Special Area is of such unique character 

7 and interest so as to require special management 

8 and regulatory protection. The Secretary shall des9 ignate as such a Special Area the Sadlerochit Spring 

10 area, comprising approximately 4,000 acres. 

11 (2) MANAGEMENT.—Each such Special Area 

12 shall be managed so as to protect and preserve the 

13 area’s unique and diverse character including its 

14 fish, wildlife, and subsistence resource values. 

15 (3) EXCLUSION FROM LEASING OR SURFACE

16 OCCUPANCY.—The Secretary may exclude any Spe17 cial Area from leasing. If the Secretary leases a Spe18 cial Area, or any part thereof, for purposes of oil 

19 and gas exploration, development, production, and 

20 related activities, there shall be no surface occu21 pancy of the lands comprising the Special Area. 

22 (4) DIRECTIONAL DRILLING.—Notwithstanding 

23 the other provisions of this subsection, the Secretary 

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

25 terms that permit the use of horizontal drilling techVerDate Sep 11 2014 22:05 Jan 05, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H49.IH H49

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1 nology from sites on leases located outside the Spe2 cial Area. 

3 (f) LIMITATION ON CLOSED AREAS.—The Sec4 retary’s sole authority to close lands within the Coastal 

5 Plain to oil and gas leasing and to exploration, develop6 ment, and production is that set forth in this Act. 

7 (g) REGULATIONS.— 

8 (1) IN GENERAL.—The Secretary shall pre9 scribe such regulations as may be necessary to carry 

10 out this Act, including rules and regulations relating 

11 to protection of the fish and wildlife, their habitat, 

12 subsistence resources, and environment of the Coast13 al Plain, by no later than 15 months after the date 

14 of enactment of this Act. 

15 (2) REVISION OF REGULATIONS.—The Sec16 retary shall periodically review and, if appropriate, 

17 revise the rules and regulations issued under sub18 section (a) to reflect any significant biological, envi19 ronmental, or engineering data that come to the Sec20 retary’s attention. 

21 SEC. 4. LEASE SALES. 

22 (a) IN GENERAL.—Lands may be leased pursuant to 

23 this Act to any person qualified to obtain a lease for depos24 its of oil and gas under the Mineral Leasing Act (30 

25 U.S.C. 181 et seq.). 


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1 (b) PROCEDURES.—The Secretary shall, by regula2 tion, establish procedures for— 

3 (1) receipt and consideration of sealed nomina4 tions for any area in the Coastal Plain for inclusion 

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

6 a lease sale; 

7 (2) the holding of lease sales after such nomina8 tion process; and 

9 (3) public notice of and comment on designa10 tion of areas to be included in, or excluded from, a 

11 lease sale. 

12 (c) LEASE SALE BIDS.— 

13 (1) IN GENERAL.—Bidding for leases under 

14 this Act shall be by sealed competitive cash bonus 

15 bids, except as provided in paragraph (2). 

16 (2) LEASE SALE BIDS.—Lease sales under this 

17 Act may be conducted through an Internet leasing 

18 program, if the Secretary determines that such a 

19 system will result in savings to the taxpayer, an in20 crease in the number of bidders participating, and 

21 higher returns than oral bidding or a sealed bidding 

22 system. 

23 (d) ACREAGE MINIMUM IN FIRST SALE.—In the first 

24 lease sale under this Act, the Secretary shall offer for lease 

25 those tracts the Secretary considers to have the greatest 


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1 potential for the discovery of hydrocarbons, taking into 

2 consideration nominations received pursuant to subsection 

3 (b)(1), but in no case less than 200,000 acres. 

4 (e) TIMING OF LEASE SALES.—The Secretary 

5 shall— 

6 (1) conduct the first lease sale under this Act 

7 within 22 months after the date of the enactment of 

8 this Act; 

9 (2) evaluate the bids in such sale and issue 

10 leases resulting from such sale, within 90 days after 

11 the date of the completion of such sale; and 

12 (3) conduct additional sales so long as sufficient 

13 interest in development exists to warrant, in the Sec14 retary’s judgment, the conduct of such sales. 

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

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

17 highest responsible qualified bidder in a lease sale con18 ducted pursuant to section 4 any lands to be leased on 

19 the Coastal Plain upon payment by the lessee of such 

20 bonus as may be accepted by the Secretary. 

21 (b) SUBSEQUENT TRANSFERS.—No lease issued 

22 under this Act may be sold, exchanged, assigned, sublet, 

23 or otherwise transferred except with the approval of the 

24 Secretary. Prior to any such approval the Secretary shall 


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1 consult with, and give due consideration to the views of, 

2 the Attorney General. 

3 SEC. 6. LEASE TERMS AND CONDITIONS. 

4 (a) IN GENERAL.—An oil or gas lease issued pursu5 ant to this Act shall— 

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

less than 121 7 ⁄2 percent in amount or value of the 

8 production removed or sold from the lease, as deter9 mined by the Secretary under the regulations appli10 cable to other Federal oil and gas leases; 

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

12 seasonal basis, portions of the Coastal Plain to ex13 ploratory drilling activities as necessary to protect 

14 caribou calving areas and other species of fish and 

15 wildlife; 

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

17 Coastal Plain shall be fully responsible and liable for 

18 the reclamation of lands within the Coastal Plain 

19 and any other Federal lands that are adversely af20 fected in connection with exploration, development, 

21 production, or transportation activities conducted 

22 under the lease and within the Coastal Plain by the 

23 lessee or by any of the subcontractors or agents of 

24 the lessee; 


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

2 convey, by contract or otherwise, the reclamation re3 sponsibility and liability to another person without 

4 the express written approval of the Secretary; 

5 (5) provide that the standard of reclamation for 

6 lands required to be reclaimed under this Act shall 

7 be, as nearly as practicable, a condition capable of 

8 supporting the uses which the lands were capable of 

9 supporting prior to any exploration, development, or 

10 production activities, or upon application by the les11 see, to a higher or better use as approved by the 

12 Secretary; 

13 (6) contain terms and conditions relating to 

14 protection of fish and wildlife, their habitat, subsist15 ence resources, and the environment as required 

16 pursuant to section 3(a)(2); 

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

18 contractors use best efforts to provide a fair share, 

19 as determined by the level of obligation previously 

20 agreed to in the 1974 agreement implementing sec21 tion 29 of the Federal Agreement and Grant of 

22 Right of Way for the Operation of the Trans-Alaska 

23 Pipeline, of employment and contracting for Alaska 

24 Natives and Alaska Native Corporations from 

25 throughout the State; 


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1 (8) prohibit the export of oil produced under 

2 the lease; and 

3 (9) contain such other provisions as the Sec4 retary determines necessary to ensure compliance 

5 with the provisions of this Act and the regulations 

6 issued under this Act. 

7 (b) PROJECT LABOR AGREEMENTS.—The Secretary, 

8 as a term and condition of each lease under this Act and 

9 in recognizing the Government’s proprietary interest in 

10 labor stability and in the ability of construction labor and 

11 management to meet the particular needs and conditions 

12 of projects to be developed under the leases issued pursu13 ant to this Act and the special concerns of the parties to 

14 such leases, shall require that the lessee and its agents 

15 and contractors negotiate to obtain a project labor agree16 ment for the employment of laborers and mechanics on 

17 production, maintenance, and construction under the 

18 lease. 

19 SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

20 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

21 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

22 The Secretary shall, consistent with the requirements of 

23 section 3, administer the provisions of this Act through 

24 regulations, lease terms, conditions, restrictions, prohibi25 tions, stipulations, and other provisions that— 


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1 (1) ensure the oil and gas exploration, develop2 ment, and production activities on the Coastal Plain 

3 will result in no significant adverse effect on fish 

4 and wildlife, their habitat, and the environment; 

5 (2) require the application of the best commer6 cially available technology for oil and gas explo7 ration, development, and production on all new ex8 ploration, development, and production operations; 

9 and 

10 (3) ensure that the maximum amount of sur11 face acreage covered by production and support fa12 cilities, including airstrips and any areas covered by 

13 gravel berms or piers for support of pipelines, does 

14 not exceed 2,000 acres on the Coastal Plain. 

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

16 The Secretary shall also require, with respect to any pro17 posed drilling and related activities, that— 

18 (1) a site-specific analysis be made of the prob19 able effects, if any, that the drilling or related activi20 ties will have on fish and wildlife, their habitat, sub21 sistence resources, and the environment; 

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

23 and mitigate (in that order and to the extent prac24 ticable) any significant adverse effect identified 

25 under paragraph (1); and 


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1 (3) the development of the plan shall occur 

2 after consultation with the agency or agencies hav3 ing jurisdiction over matters mitigated by the plan. 

4 (c) REGULATIONS TO PROTECT COASTAL PLAIN

5 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

6 AND THE ENVIRONMENT.—Before implementing the leas7 ing program authorized by this Act, the Secretary shall 

8 prepare and promulgate regulations, lease terms, condi9 tions, restrictions, prohibitions, stipulations, and other 

10 measures designed to ensure that the activities undertaken 

11 on the Coastal Plain under this Act are conducted in a 

12 manner consistent with the purposes and environmental 

13 requirements of this Act. 

14 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI15 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

16 proposed regulations, lease terms, conditions, restrictions, 

17 prohibitions, and stipulations for the leasing program 

18 under this Act shall require compliance with all applicable 

19 provisions of Federal and State environmental law, and 

20 shall also require the following: 

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

22 and environmental mitigation measures set forth in 

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

24 ‘‘Final Legislative Environmental Impact State25 ment’’ (April 1987) on the Coastal Plain. 


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1 (2) Seasonal limitations on exploration, develop2 ment, and related activities, where necessary, to 

3 avoid significant adverse effects during periods of 

4 concentrated fish and wildlife breeding, denning, 

5 nesting, spawning, and migration. 

6 (3) That exploration activities, except for sur7 face geological studies, be limited to the period be8 tween approximately November 1 and May 1 each 

9 year and that exploration activities shall be sup10 ported, if necessary, by ice roads, winter trails with 

11 adequate snow cover, ice pads, ice airstrips, and air 

12 transport methods, except that such exploration ac13 tivities may occur at other times if the Secretary 

14 finds that such exploration will have no significant 

15 adverse effect on the fish and wildlife, their habitat, 

16 and the environment of the Coastal Plain. 

17 (4) Design safety and construction standards 

18 for all pipelines and any access and service roads, 

19 that— 

20 (A) minimize, to the maximum extent pos21 sible, adverse effects upon the passage of mi22 gratory species such as caribou; and 

23 (B) minimize adverse effects upon the flow 

24 of surface water by requiring the use of cul25 verts, bridges, and other structural devices. 


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1 (5) Prohibitions on general public access and 

2 use on all pipeline access and service roads. 

3 (6) Stringent reclamation and rehabilitation re4 quirements, consistent with the standards set forth 

5 in this Act, requiring the removal from the Coastal 

6 Plain of all oil and gas development and production 

7 facilities, structures, and equipment upon completion 

8 of oil and gas production operations, except that the 

9 Secretary may exempt from the requirements of this 

10 paragraph those facilities, structures, or equipment 

11 that the Secretary determines would assist in the 

12 management of the Arctic National Wildlife Refuge 

13 and that are donated to the United States for that 

14 purpose. 

15 (7) Appropriate prohibitions or restrictions on 

16 access by all modes of transportation. 

17 (8) Appropriate prohibitions or restrictions on 

18 sand and gravel extraction. 

19 (9) Consolidation of facility siting. 

20 (10) Appropriate prohibitions or restrictions on 

21 use of explosives. 

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

23 springs, streams, and river system; the protection of 

24 natural surface drainage patterns, wetlands, and ri25 parian habitats; and the regulation of methods or 


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1 techniques for developing or transporting adequate 

2 supplies of water for exploratory drilling. 

3 (12) Avoidance or minimization of air traffic-re4 lated disturbance to fish and wildlife. 

5 (13) Treatment and disposal of hazardous and 

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

7 muds and cuttings, and domestic wastewater, includ8 ing an annual waste management report, a haz9 ardous materials tracking system, and a prohibition 

10 on chlorinated solvents, in accordance with applica11 ble Federal and State environmental law. 

12 (14) Fuel storage and oil spill contingency plan13 ning. 

14 (15) Research, monitoring, and reporting re15 quirements. 

16 (16) Field crew environmental briefings. 

17 (17) Avoidance of significant adverse effects 

18 upon subsistence hunting, fishing, and trapping by 

19 subsistence users. 

20 (18) Compliance with applicable air and water 

21 quality standards. 

22 (19) Appropriate seasonal and safety zone des23 ignations around well sites, within which subsistence 

24 hunting and trapping shall be limited. 


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1 (20) Reasonable stipulations for protection of 

2 cultural and archeological resources. 

3 (21) All other protective environmental stipula4 tions, restrictions, terms, and conditions deemed 

5 necessary by the Secretary. 

6 (e) CONSIDERATIONS.—In preparing and promul7 gating regulations, lease terms, conditions, restrictions, 

8 prohibitions, and stipulations under this section, the Sec9 retary shall consider the following: 

10 (1) The stipulations and conditions that govern 

11 the National Petroleum Reserve-Alaska leasing pro12 gram, as set forth in the 1999 Northeast National 

13 Petroleum Reserve-Alaska Final Integrated Activity 

14 Plan/Environmental Impact Statement. 

15 (2) The environmental protection standards 

16 that governed the initial Coastal Plain seismic explo17 ration program under parts 37.31 to 37.33 of title 

18 50, Code of Federal Regulations. 

19 (3) The land use stipulations for exploratory 

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

21 forth in appendix 2 of the August 9, 1983, agree22 ment between Arctic Slope Regional Corporation and 

23 the United States. 

24 (f) FACILITY CONSOLIDATION PLANNING.— 


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1 (1) IN GENERAL.—The Secretary shall, after 

2 providing for public notice and comment, prepare 

3 and update periodically a plan to govern, guide, and 

4 direct the siting and construction of facilities for the 

5 exploration, development, production, and transpor6 tation of Coastal Plain oil and gas resources. 

7 (2) OBJECTIVES.—The plan shall have the fol8 lowing objectives: 

9 (A) Avoiding unnecessary duplication of fa10 cilities and activities. 

11 (B) Encouraging consolidation of common 

12 facilities and activities. 

13 (C) Locating or confining facilities and ac14 tivities to areas that will minimize impact on 

15 fish and wildlife, their habitat, and the environ16 ment. 

17 (D) Utilizing existing facilities wherever 

18 practicable. 

19 (E) Enhancing compatibility between wild20 life values and development activities. 

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

22 shall— 

23 (1) manage public lands in the Coastal Plain 

24 subject to subsections (a) and (b) of section 811 of 


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1 the Alaska National Interest Lands Conservation 

2 Act (16 U.S.C. 3121); and 

3 (2) ensure that local residents shall have rea4 sonable access to public lands in the Coastal Plain 

5 for traditional uses. 

6 SEC. 8. EXPEDITED JUDICIAL REVIEW. 

7 (a) FILING OF COMPLAINT.— 

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

9 complaint seeking judicial review of any provision of 

10 this Act or any action of the Secretary under this 

11 Act shall be filed— 

12 (A) except as provided in subparagraph 

13 (B), within the 90-day period beginning on the 

14 date of the action being challenged; or 

15 (B) in the case of a complaint based solely 

16 on grounds arising after such period, within 90 

17 days after the complainant knew or reasonably 

18 should have known of the grounds for the com19 plaint. 

20 (2) VENUE.—Any complaint seeking judicial re21 view of any provision of this Act or any action of the 

22 Secretary under this Act may be filed only in the 

23 United States Court of Appeals for the District of 

24 Columbia. 


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1 (3) LIMITATION ON SCOPE OF CERTAIN RE2 VIEW.—Judicial review of a Secretarial decision to 

3 conduct a lease sale under this Act, including the en4 vironmental analysis thereof, shall be limited to 

5 whether the Secretary has complied with the terms 

6 of this Act and shall be based upon the administra7 tive record of that decision. The Secretary’s identi8 fication of a preferred course of action to enable 

9 leasing to proceed and the Secretary’s analysis of 

10 environmental effects under this Act shall be pre11 sumed to be correct unless shown otherwise by clear 

12 and convincing evidence to the contrary. 

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

14 Secretary with respect to which review could have been 

15 obtained under this section shall not be subject to judicial 

16 review in any civil or criminal proceeding for enforcement. 

17 SEC. 9. TREATMENT OF REVENUES. 

18 Notwithstanding any other provision of law, 50 per19 cent of the amount of bonus, rental, and royalty revenues 

20 from Federal oil and gas leasing and operations author21 ized under this Act shall be deposited in the ANWR Alter22 native Energy Trust Fund established by section 12. 


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1 SEC. 10. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 

2 (a) IN GENERAL.—The Secretary shall issue rights3 of-way and easements across the Coastal Plain for the 

4 transportation of oil and gas— 

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

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

7 185), without regard to title XI of the Alaska Na8 tional Interest Lands Conservation Act (16 U.S.C. 

9 3161 et seq.); and 

10 (2) under title XI of the Alaska National Inter11 est Lands Conservation Act (16 U.S.C. 3161 et 

12 seq.), for access authorized by sections 1110 and 

13 1111 of that Act (16 U.S.C. 3170 and 3171). 

14 (b) TERMS AND CONDITIONS.—The Secretary shall 

15 include in any right-of-way or easement issued under sub16 section (a) such terms and conditions as may be necessary 

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

18 in a significant adverse effect on the fish and wildlife, sub19 sistence resources, their habitat, and the environment of 

20 the Coastal Plain, including requirements that facilities be 

21 sited or designed so as to avoid unnecessary duplication 

22 of roads and pipelines. 

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

24 regulations under section 3(g) provisions granting rights25 of-way and easements described in subsection (a) of this 

26 section. 


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1 SEC. 11. CONVEYANCE. 

2 In order to maximize Federal revenues by removing 

3 clouds on title to lands and clarifying land ownership pat4 terns within the Coastal Plain, the Secretary, notwith5 standing the provisions of section 1302(h)(2) of the Alas6 ka National Interest Lands Conservation Act (16 U.S.C. 

7 3192(h)(2)), shall convey— 

8 (1) to the Kaktovik Inupiat Corporation the 

9 surface estate of the lands described in paragraph 1 

10 of Public Land Order 6959, to the extent necessary 

11 to fulfill the Corporation’s entitlement under sec12 tions 12 and 14 of the Alaska Native Claims Settle13 ment Act (43 U.S.C. 1611 and 1613) in accordance 

14 with the terms and conditions of the Agreement be15 tween the Department of the Interior, the United 

16 States Fish and Wildlife Service, the Bureau of 

17 Land Management, and the Kaktovik Inupiat Cor18 poration effective January 22, 1993; and 

19 (2) to the Arctic Slope Regional Corporation 

20 the remaining subsurface estate to which it is enti21 tled pursuant to the August 9, 1983, agreement be22 tween the Arctic Slope Regional Corporation and the 

23 United States of America. 

24 SEC. 12. ANWR ALTERNATIVE ENERGY TRUST FUND. 

25 (a) ESTABLISHMENT OF TRUST FUND.—There is es26 tablished in the Treasury of the United States a trust fund 


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1 to be known as the ‘‘ANWR Alternative Energy Trust 

2 Fund’’, consisting of such amounts as may be transferred 

3 to the ANWR Alternative Energy Trust Fund as provided 

4 in section 9. 

5 (b) EXPENDITURES FROM ANWR ALTERNATIVE

6 ENERGY TRUST FUND.— 

7 (1) IN GENERAL.—Amounts in the ANWR Al8 ternative Energy Trust Fund shall be available with9 out further appropriation to carry out specified pro10 visions of the Energy Policy Act of 2005 (Public 

11 Law 109–58; in this section referred to as 

12 ‘‘EPAct2005’’) and the Energy Independence and 

13 Security Act of 2007 (Public Law 110–140; in this 

14 section referred to as ‘‘EISAct2007’’), as follows: 

To carry out the provisions of: 

The following 

percentage of 

annual receipts to 

the ANWR Alternative 

Energy 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


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25 

•HR 49 IH

To carry out the provisions of: 

The following 

percentage of 

annual receipts to 

the ANWR Alternative 

Energy Trust Fund, 

but not to exceed 

the limit on amount 

authorized, if any: 

Section 641 ....................................... 9.0 percent

Title VII, Subtitle A .......................... 15.0 percent

Section 1112 ..................................... 1.5 percent

Section 1304 ..................................... 6.0 percent. 

1 (2) APPORTIONMENT OF EXCESS AMOUNT.— 

2 Notwithstanding paragraph (1), any amounts allo3 cated under paragraph (1) that are in excess of the 

4 amounts authorized in the applicable cited section or 

5 subtitle of EPAct2005 and EISAct2007 shall be re6 allocated to the remaining sections and subtitles 

7 cited in paragraph (1), up to the amounts otherwise 

8 authorized by law to carry out such sections and 

9 subtitles, in proportion to the amounts authorized by 

10 law to be appropriated for such other sections and 

11 subtitles. 

Æ 


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