I 

111TH CONGRESS 

1ST SESSION H. R. 1431 

To stimulate the economy 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 HOUSE OF REPRESENTATIVES 

MARCH 11, 2009 

Mr. BISHOP of Utah (for himself, Mr. SHADEGG, Mr. SULLIVAN, Mr. 

BOOZMAN, Mr. JORDAN of Ohio, Mr. GOHMERT, Mr. BURGESS, Mr. 

FRANKS of Arizona, Mr. AKIN, Mr. MCHENRY, Mr. LEWIS of California, 

Ms. FOXX, Mr. HERGER, Mr. BOUSTANY, Mr. PITTS, Mrs. MYRICK, Mr. 

BROUN of Georgia, Mr. RADANOVICH, Mrs. MCMORRIS RODGERS, Mr. 

MCCARTHY of California, Mr. FLEMING, Mr. LATTA, Mr. YOUNG of Alaska, Mr. LAMBORN, Mr. BACHUS, Mr. NEUGEBAUER, and Mr. 

MCCOTTER) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on the 

Judiciary, Energy and Commerce, and Science 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 stimulate the economy 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. 

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; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘No Cost Stimulus Act of 2009’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 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. Coastal Impact assistance program amendments. 

Sec. 104. Seaward boundaries of States. 

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. Federal and State distribution of revenues. 

Sec. 209. Rights-of-way across the Coastal plain. 

Sec. 210. Conveyance. 

Sec. 211. Local government impact aid and community service assistance. 

Sec. 212. ANWR Alternative Energy Trust Fund. 

TITLE III—REGULATORY STREAMLINING 

Sec. 301. Commercial leasing program for oil shale resources on public land. 

Sec. 302. Licensing of new nuclear power plants. 

Sec. 303. Jurisdiction over covered energy projects. 

Sec. 304. Environmental impact statements. 

Sec. 305. Clean air regulation. 

Sec. 306. Endangered species. 

6 TITLE I—OUTER CONTINENTAL 

7 SHELF LEASING 

8 SEC. 101. LEASING PROGRAM CONSIDERED APPROVED. 

9 (a) IN GENERAL.—The Draft Proposed Outer Conti10 nental Shelf Oil and Gas Leasing Program 2010–2015 

11 issued by the Secretary of the Interior (referred to in this 


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1 section as the ‘‘Secretary’’) under section 18 of the Outer 

2 Continental Shelf Lands Act (43 U.S.C. 1344) is consid3 ered to have been approved by the Secretary as a final 

4 oil and gas leasing program under that section. 

5 (b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 

6 The Secretary is considered to have issued a final environ7 mental impact statement for the program described in 

8 subsection (a) in accordance with all requirements under 

9 section 102(2)(C) of the National Environmental Policy 

10 Act of 1969 (42 U.S.C. 4332(2)(C)). 

11 SEC. 102. LEASE SALES. 

12 (a) OUTER CONTINENTAL SHELF.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), not later than 30 days after the date of 

15 enactment of this Act and every 270 days thereafter, 

16 the Secretary of the Interior (referred to in this sec17 tion as the ‘‘Secretary’’) shall conduct a lease sale 

18 in each outer Continental Shelf planning area for 

19 which the Secretary determines that there is a com20 mercial interest in purchasing Federal oil and gas 

21 leases for production on the outer Continental Shelf. 

22 (2) SUBSEQUENT DETERMINATIONS AND

23 SALES.—If the Secretary determines that there is 

24 not a commercial interest in purchasing Federal oil 

25 and gas leases for production on the outer ContiVerDate Nov 24 2008 00:51 Mar 12, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431

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1 nental Shelf in a planning area under this sub2 section, not later than 2 years after the date of en3 actment of the determination and every 2 years 

4 thereafter, the Secretary shall— 

5 (A) determine whether there is a commer6 cial interest in purchasing Federal oil and gas 

7 leases for production on the outer Continental 

8 Shelf in the planning area; and 

9 (B) if the Secretary determines that there 

10 is a commercial interest described in subpara11 graph (A), conduct a lease sale in the planning 

12 area. 

13 (b) RENEWABLE ENERGY AND MARICULTURE.—The 

14 Secretary may conduct commercial lease sales of resources 

15 owned by United States— 

16 (1) to produce renewable energy (as defined in 

17 section 203(b) of the Energy Policy Act of 2005 (42 

18 U.S.C. 15852(b))); or 

19 (2) to cultivate marine organisms in the natural 

20 habitat of the organisms. 

21 SEC. 103. COASTAL IMPACT ASSISTANCE PROGRAM AMEND22 MENTS. 

23 Section 31 of the Outer Continental Shelf Lands Act 

24 (43 U.S.C. 1356a) is amended— 


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1 (1) in subsection (c), by adding at the end the 

2 following: 

3 ‘‘(5) APPLICATION REQUIREMENTS; AVAIL4 ABILITY OF FUNDING.—On approval of a plan by 

5 the Secretary under this section, the producing State 

6 shall— 

7 ‘‘(A) not be subject to any additional appli8 cation or other requirements (other than noti9 fying the Secretary of which projects are being 

10 carried out under the plan) to receive the pay11 ments; and 

12 ‘‘(B) be immediately eligible to receive pay13 ments under this section.’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(e) FUNDING.— 

16 ‘‘(1) STREAMLINING.— 

17 ‘‘(A) REPORT.—Not later than 180 days 

18 after the date of enactment of this subsection, 

19 the Secretary of the Interior (acting through 

20 the Director of the Minerals Management Serv21 ice) (referred to in this subsection as the ‘Sec22 retary’) shall develop a plan that addresses 

23 streamlining the process by which payments are 

24 made under this section, including rec25 ommendations for— 


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1 ‘‘(i) decreasing the time required to 

2 approve plans submitted under subsection 

3 (c)(1); 

4 ‘‘(ii) ensuring that allocations to pro5 ducing States under subsection (b) are 

6 adequately funded; and 

7 ‘‘(iii) any modifications to the author8 ized uses for payments under subsection 

9 (d). 

10 ‘‘(B) CLEAN WATER.—Not later than 180 

11 days after the date of enactment of this sub12 section, the Secretary and the Administrator of 

13 the Environmental Protection Agency shall 

14 jointly develop procedures for streamlining the 

15 permit process required under the Federal 

16 Water Pollution Control Act (33 U.S.C. 1251 et 

17 seq.) and State laws for restoration projects 

18 that are included in an approved plan under 

19 subsection (c). 

20 ‘‘(C) ENVIRONMENTAL REQUIREMENTS.— 

21 A project funded under this section that does 

22 not involve wetlands shall not be subject to en23 vironmental review requirements under Federal 

24 law. 


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1 ‘‘(2) COST-SHARING REQUIREMENTS.—Any 

2 amounts made available to producing States under 

3 this section may be used to meet the cost-sharing re4 quirements of other Federal grant programs, includ5 ing grant programs that support coastal wetland 

6 protection and restoration. 

7 ‘‘(3) EXPEDITED FUNDING.—Not later than 

8 180 days after the date of enactment of this sub9 section, the Secretary shall develop a procedure to 

10 provide expedited funding to projects under this sec11 tion based on estimated revenues to ensure that the 

12 projects may— 

13 ‘‘(A) secure additional funds from other 

14 sources; and 

15 ‘‘(B) use the amounts made available 

16 under this section on receipt.’’. 

17 SEC. 104. SEAWARD BOUNDARIES OF STATES. 

18 (a) SEAWARD BOUNDARIES.—Section 4 of the Sub19 merged Lands Act (43 U.S.C. 1312) is amended by strik20 ing ‘‘three geographical miles’’ each place it appears and 

21 inserting ‘‘12 nautical miles’’. 

22 (b) CONFORMING AMENDMENTS.—Section 2 of the 

23 Submerged Lands Act (43 U.S.C. 1301) is amended— 


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1 (1) in subsection (a)(2), by striking ‘‘three geo2 graphical miles’’ and inserting ‘‘12 nautical miles’’; 

3 and 

4 (2) in subsection (b)— 

5 (A) by striking ‘‘three geographical miles’’ 

6 and inserting ‘‘12 nautical miles’’; and 

7 (B) by striking ‘‘three marine leagues’’ and 

8 inserting ‘‘12 nautical miles’’. 

9 (c) EFFECT OF AMENDMENTS.— 

10 (1) IN GENERAL.—Subject to paragraphs (2) 

11 through (4), the amendments made by this section 

12 shall not effect Federal oil and gas mineral rights. 

13 (2) SUBMERGED LAND.—Submerged land with14 in the seaward boundaries of States shall be— 

15 (A) subject to Federal oil and gas mineral 

16 rights to the extent provided by law; 

17 (B) considered to be part of the Federal 

18 outer Continental Shelf for purposes of the 

19 Outer Continental Shelf Lands Act (43 U.S.C. 

20 1331 et seq.); and 

21 (C) subject to leasing under the authority 

22 of that Act and to laws applicable to the leasing 

23 of the oil and gas resources of the Federal 

24 outer Continental Shelf. 


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1 (3) EXISTING LEASES.—The amendments made 

2 by this section shall not affect any Federal oil and 

3 gas lease in effect on the date of enactment of this 

4 Act. 

5 (4) TAXATION.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B), a State may exercise all of the sov8 ereign powers of taxation of the State within 

9 the entire extent of the seaward boundaries of 

10 the State (as extended by the amendments 

11 made by this section). 

12 (B) LIMITATION.—Nothing in this para13 graph affects the authority of a State to tax 

14 any Federal oil and gas lease in effect on the 

15 date of enactment of this Act. 

16 TITLE II—LEASING PROGRAM 

17 FOR LAND WITHIN COASTAL 

18 PLAIN 

19 SEC. 201. DEFINITIONS. 

20 In this title: 

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

22 Plain’’ means that area identified as the ‘‘1002 

23 Coastal Plain Area’’ on the map. 

24 (2) FEDERAL AGREEMENT.—The term ‘‘Fed25 eral Agreement’’ means the Federal Agreement and 


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1 Grant Right-of-Way for the Trans-Alaska Pipeline 

2 issued on January 23, 1974, in accordance with sec3 tion 28 of the Mineral Leasing Act (30 U.S.C. 185) 

4 and the Trans-Alaska Pipeline Authorization Act 

5 (43 U.S.C. 1651 et seq.). 

6 (3) FINAL STATEMENT.—The term ‘‘Final 

7 Statement’’ means the final legislative environmental 

8 impact statement on the Coastal Plain, dated April 

9 1987, and prepared pursuant to section 1002 of the 

10 Alaska National Interest Lands Conservation Act 

11 (16 U.S.C. 3142) and section 102(2)(C) of the Na12 tional Environmental Policy Act of 1969 (42 U.S.C. 

13 4332(2)(C)). 

14 (4) MAP.—The term ‘‘map’’ means the map en15 titled ‘‘Arctic National Wildlife Refuge’’, dated Sep16 tember 2005, and prepared by the United States Ge17 ological Survey. 

18 (5) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior (or the designee of the 

20 Secretary), acting through the Director of the Bu21 reau of Land Management, in consultation with the 

22 Director of the United States Fish and Wildlife 

23 Service. 


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1 SEC. 202. LEASING PROGRAM FOR LAND WITHIN THE 

2 COASTAL 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 title, a competitive oil and gas leasing pro7 gram that will result in an environmentally sound 

8 program for the exploration, development, and pro9 duction of the oil and gas resources of the Coastal 

10 Plain; and 

11 (2) to administer this title through regulations, 

12 lease terms, conditions, restrictions, prohibitions, 

13 stipulations, and other provisions that— 

14 (A) ensure the oil and gas exploration, de15 velopment, and production activities on the 

16 Coastal Plain will result in no significant ad17 verse effect on fish and wildlife, their habitat, 

18 subsistence resources, and the environment; and 

19 (B) require the application of the best 

20 commercially available technology for oil and 

21 gas exploration, development, and production to 

22 all exploration, development, and production op23 erations under this title in a manner that en24 sures the receipt of fair market value by the 

25 public for the mineral resources to be leased. 

26 (b) REPEAL.— 


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1 (1) REPEAL.—Section 1003 of the Alaska Na2 tional Interest Lands Conservation Act of 1980 (16 

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

4 (2) CONFORMING AMENDMENT.—The table of 

5 contents contained in section 1 of that Act (16 

6 U.S.C. 3101 note) is amended by striking the item 

7 relating to section 1003. 

8 (3) COMPLIANCE WITH NEPA FOR OTHER AC9 TIONS.— 

10 (A) IN GENERAL.—Before conducting the 

11 first lease sale under this title, the Secretary 

12 shall prepare an environmental impact state13 ment in accordance with the National Environ14 mental Policy Act of 1969 (42 U.S.C. 4321 et 

15 seq.) with respect to the actions authorized by 

16 this title that are not referred to in paragraph 

17 (2). 

18 (B) IDENTIFICATION AND ANALYSIS.— 

19 Notwithstanding any other provision of law, in 

20 carrying out this paragraph, the Secretary shall 

21 not be required— 

22 (i) to identify nonleasing alternative 

23 courses of action; or 

24 (ii) to analyze the environmental ef25 fects of those courses of action. 


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1 (C) IDENTIFICATION OF PREFERRED AC2 TION.—Not later than 18 months after the date 

3 of enactment of this Act, the Secretary shall— 

4 (i) identify only a preferred action and 

5 a single leasing alternative for the first 

6 lease sale authorized under this title; and 

7 (ii) analyze the environmental effects 

8 and potential mitigation measures for 

9 those 2 alternatives. 

10 (D) PUBLIC COMMENTS.—In carrying out 

11 this paragraph, the Secretary shall consider 

12 only public comments that are filed not later 

13 than 20 days after the date of publication of a 

14 draft environmental impact statement. 

15 (E) EFFECT OF COMPLIANCE.—Notwith16 standing any other provision of law, compliance 

17 with this paragraph shall be considered to sat18 isfy all requirements for the analysis and con19 sideration of the environmental effects of pro20 posed leasing under this title. 

21 (c) RELATIONSHIP TO STATE AND LOCAL AUTHOR22 ITY.—Nothing in this title expands or limits any State or 

23 local regulatory authority. 

24 (d) SPECIAL AREAS.— 

25 (1) DESIGNATION.— 


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

2 consultation with the State of Alaska, the 

3 North Slope Borough, Alaska, and the City of 

4 Kaktovik, Alaska, may designate not more than 

5 45,000 acres of the Coastal Plain as a special 

6 area if the Secretary determines that the special 

7 area would be of such unique character and in8 terest as to require special management and 

9 regulatory protection. 

10 (B) SADLEROCHIT SPRING AREA.—The 

11 Secretary shall designate as a special area in 

12 accordance with subparagraph (A) the 

13 Sadlerochit Spring area, comprising approxi14 mately 4,000 acres as depicted on the map. 

15 (2) MANAGEMENT.—The Secretary shall man16 age each special area designated under this sub17 section in a manner that preserves the unique and 

18 diverse character of the area, including fish, wildlife, 

19 subsistence resources, and cultural values of the 

20 area. 

21 (3) EXCLUSION FROM LEASING OR SURFACE

22 OCCUPANCY.— 

23 (A) IN GENERAL.—The Secretary may ex24 clude any special area designated under this 

25 subsection from leasing. 


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1 (B) NO SURFACE OCCUPANCY.—If the Sec2 retary leases all or a portion of a special area 

3 for the purposes of oil and gas exploration, de4 velopment, production, and related activities, 

5 there shall be no surface occupancy of the land 

6 comprising the special area. 

7 (4) DIRECTIONAL DRILLING.—Notwithstanding 

8 any other provision of this subsection, the Secretary 

9 may lease all or a portion of a special area under 

10 terms that permit the use of horizontal drilling tech11 nology from sites on leases located outside the spe12 cial area. 

13 (e) LIMITATION ON CLOSED AREAS.—The Secretary 

14 may not close land within the Coastal Plain to oil and gas 

15 leasing or to exploration, development, or production ex16 cept in accordance with this title. 

17 (f) REGULATIONS.— 

18 (1) IN GENERAL.—Not later than 15 months 

19 after the date of enactment of this Act, the Sec20 retary shall promulgate such regulations as are nec21 essary to carry out this title, including rules and 

22 regulations relating to protection of the fish and 

23 wildlife, fish and wildlife habitat, subsistence re24 sources, and environment of the Coastal Plain. 


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1 (2) REVISION OF REGULATIONS.—The Sec2 retary shall periodically review and, as appropriate, 

3 revise the rules and regulations issued under para4 graph (1) to reflect any significant biological, envi5 ronmental, scientific or engineering data that come 

6 to the attention of the Secretary. 

7 SEC. 203. LEASE SALES. 

8 (a) IN GENERAL.—Land may be leased pursuant to 

9 this title to any person qualified to obtain a lease for de10 posits of oil and gas under the Mineral Leasing Act (30 

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

12 (b) PROCEDURES.—The Secretary shall, by regula13 tion, establish procedures for— 

14 (1) receipt and consideration of sealed nomina15 tions for any area in the Coastal Plain for inclusion 

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

17 a lease sale; 

18 (2) the holding of lease sales after that nomina19 tion process; and 

20 (3) public notice of and comment on designa21 tion of areas to be included in, or excluded from, a 

22 lease sale. 

23 (c) LEASE SALE BIDS.—Bidding for leases under 

24 this title shall be by sealed competitive cash bonus bids. 


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1 (d) ACREAGE MINIMUM IN FIRST SALE.—For the 

2 first lease sale under this title, the Secretary shall offer 

3 for lease those tracts the Secretary considers to have the 

4 greatest potential for the discovery of hydrocarbons, tak5 ing into consideration nominations received pursuant to 

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

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

8 shall— 

9 (1) not later than 22 months after the date of 

10 enactment of this Act, conduct the first lease sale 

11 under this title; 

12 (2) not later than 90 days after the date of the 

13 completion of the sale, evaluate the bids in the sale 

14 and issue leases resulting from the sale; and 

15 (3) conduct additional sales at appropriate in16 tervals if sufficient interest in exploration or devel17 opment exists to warrant the conduct of the addi18 tional sales. 

19 SEC. 204. GRANT OF LEASES BY THE SECRETARY. 

20 (a) IN GENERAL.—On payment by a lessee of such 

21 bonus as may be accepted by the Secretary, the Secretary 

22 may grant to the highest responsible qualified bidder in 

23 a lease sale conducted pursuant to section 203 a lease for 

24 any land on the Coastal Plain. 

25 (b) SUBSEQUENT TRANSFERS.— 


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1 (1) IN GENERAL.—No lease issued under this 

2 title may be sold, exchanged, assigned, sublet, or 

3 otherwise transferred except with the approval of the 

4 Secretary. 

5 (2) CONDITION FOR APPROVAL.—Before grant6 ing any approval described in paragraph (1), the 

7 Secretary shall consult with and give due consider8 ation to the opinion of the Attorney General. 

9 SEC. 205. LEASE TERMS AND CONDITIONS. 

10 An oil or gas lease issued pursuant to this title 

11 shall— 

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

less than 121 13 ⁄2 percent of the amount or value of the 

14 production removed or sold from the lease, as deter15 mined by the Secretary in accordance with regula16 tions applicable to other Federal oil and gas leases; 

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

18 seasonal basis, such portions of the Coastal Plain to 

19 exploratory drilling activities as are necessary to 

20 protect caribou calving areas and other species of 

21 fish and wildlife; 

22 (3) require that each lessee of land within the 

23 Coastal Plain shall be fully responsible and liable for 

24 the reclamation of land within the Coastal Plain and 

25 any other Federal land that is adversely affected in 


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1 connection with exploration, development, produc2 tion, or transportation activities within the Coastal 

3 Plain conducted by the lessee or by any of the sub4 contractors or agents of the lessee; 

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

6 convey, by contract or otherwise, that reclamation 

7 responsibility and liability to another person without 

8 the express written approval of the Secretary; 

9 (5) provide that the standard of reclamation for 

10 land required to be reclaimed under this title shall 

11 be, to the maximum extent practicable— 

12 (A) a condition capable of supporting the 

13 uses that the land was capable of supporting 

14 prior to any exploration, development, or pro15 duction activities; or 

16 (B) on application by the lessee, to a high17 er or better standard, as approved by the Sec18 retary; 

19 (6) contain terms and conditions relating to 

20 protection of fish and wildlife, fish and wildlife habi21 tat, subsistence resources, and the environment as 

22 required under section 202(a)(2); 

23 (7) provide that each lessee, and each agent 

24 and contractor of a lessee, use their best efforts to 

25 provide a fair share of employment and contracting 


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1 for Alaska Natives and Alaska Native Corporations 

2 from throughout the State of Alaska, as determined 

3 by the level of obligation previously agreed to in the 

4 Federal Agreement; and 

5 (8) contain such other provisions as the Sec6 retary determines to be necessary to ensure compli7 ance with this title and the regulations promulgated 

8 under this title. 

9 SEC. 206. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

10 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

11 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

12 In accordance with section 202, the Secretary shall admin13 ister this title through regulations, lease terms, conditions, 

14 restrictions, prohibitions, stipulations, or other provisions 

15 that— 

16 (1) ensure, to the maximum extent practicable, 

17 that oil and gas exploration, development, and pro18 duction activities on the Coastal Plain will result in 

19 no significant adverse effect on fish and wildlife, fish 

20 and wildlife habitat, and the environment; 

21 (2) require the application of the best commer22 cially available technology for oil and gas explo23 ration, development, and production on all new ex24 ploration, development, and production operations; 

25 and 


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1 (3) ensure that the maximum surface acreage 

2 covered in connection with the leasing program by 

3 production and support facilities, including airstrips 

4 and any areas covered by gravel berms or piers for 

5 support of pipelines, does not exceed 2,000 acres on 

6 the Coastal Plain. 

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

8 The Secretary shall require, with respect to any proposed 

9 drilling and related activities on the Coastal Plain, that— 

10 (1) a site-specific analysis be made of the prob11 able effects, if any, that the drilling or related activi12 ties will have on fish and wildlife, fish and wildlife 

13 habitat, subsistence resources, subsistence uses, and 

14 the environment; 

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

16 and mitigate (in that order and to the maximum ex17 tent practicable) any significant adverse effect iden18 tified under paragraph (1); and 

19 (3) the development of the plan shall occur 

20 after consultation with the 1 or more agencies hav21 ing jurisdiction over matters mitigated by the plan. 

22 (c) REGULATIONS TO PROTECT COASTAL PLAIN

23 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

24 AND THE ENVIRONMENT.—Before implementing the leas25 ing program authorized by this title, the Secretary shall 


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1 prepare and issue regulations, lease terms, conditions, re2 strictions, prohibitions, stipulations, or other measures de3 signed to ensure, to the maximum extent practicable, that 

4 the activities carried out on the Coastal Plain under this 

5 title are conducted in a manner consistent with the pur6 poses and environmental requirements of this title. 

7 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI8 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

9 proposed regulations, lease terms, conditions, restrictions, 

10 prohibitions, and stipulations for the leasing program 

11 under this title shall require— 

12 (1) compliance with all applicable provisions of 

13 Federal and State environmental law (including reg14 ulations); 

15 (2) implementation of and compliance with— 

16 (A) standards that are at least as effective 

17 as the safety and environmental mitigation 

18 measures, as described in items 1 through 29 

19 on pages 167 through 169 of the Final State20 ment, on the Coastal Plain; 

21 (B) seasonal limitations on exploration, de22 velopment, and related activities, as necessary, 

23 to avoid significant adverse effects during peri24 ods of concentrated fish and wildlife breeding, 

25 denning, nesting, spawning, and migration; 


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1 (C) design safety and construction stand2 ards for all pipelines and any access and service 

3 roads that minimize, to the maximum extent 

4 practicable, adverse effects on— 

5 (i) the passage of migratory species 

6 (such as caribou); and 

7 (ii) the flow of surface water by re8 quiring the use of culverts, bridges, or 

9 other structural devices; 

10 (D) prohibitions on general public access 

11 to, and use of, all pipeline access and service 

12 roads; 

13 (E) stringent reclamation and rehabilita14 tion requirements in accordance with this title 

15 for the removal from the Coastal Plain of all oil 

16 and gas development and production facilities, 

17 structures, and equipment on completion of oil 

18 and gas production operations, except in a case 

19 in which the Secretary determines that those 

20 facilities, structures, or equipment— 

21 (i) would assist in the management of 

22 the Arctic National Wildlife Refuge; and 

23 (ii) are donated to the United States 

24 for that purpose; 


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1 (F) appropriate prohibitions or restrictions 

2 on— 

3 (i) access by all modes of transpor4 tation; 

5 (ii) sand and gravel extraction; and 

6 (iii) use of explosives; 

7 (G) reasonable stipulations for protection 

8 of cultural and archaeological resources; 

9 (H) measures to protect groundwater and 

10 surface water, including— 

11 (i) avoidance, to the maximum extent 

12 practicable, of springs, streams, and river 

13 systems; 

14 (ii) the protection of natural surface 

15 drainage patterns and wetland and ripar16 ian habitats; and 

17 (iii) the regulation of methods or tech18 niques for developing or transporting ade19 quate supplies of water for exploratory 

20 drilling; and 

21 (I) research, monitoring, and reporting re22 quirements; 

23 (3) that exploration activities (except surface 

24 geological studies) be limited to the period between 

25 approximately November 1 and May 1 of each year 


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1 and be supported, if necessary, by ice roads, winter 

2 trails with adequate snow cover, ice pads, ice air3 strips, and air transport methods (except that those 

4 exploration activities may be permitted at other 

5 times if the Secretary determines that the explo6 ration will have no significant adverse effect on fish 

7 and wildlife, fish and wildlife habitat, and the envi8 ronment of the Coastal Plain); 

9 (4) consolidation of facility siting; 

10 (5) avoidance or reduction of air traffic-related 

11 disturbance to fish and wildlife; 

12 (6) treatment and disposal of hazardous and 

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

14 muds and cuttings, and domestic wastewater, includ15 ing, in accordance with applicable Federal and State 

16 environmental laws (including regulations)— 

17 (A) preparation of an annual waste man18 agement report; 

19 (B) development and implementation of a 

20 hazardous materials tracking system; and 

21 (C) prohibition on the use of chlorinated 

22 solvents; 

23 (7) fuel storage and oil spill contingency plan24 ning; 


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1 (8) conduct of periodic field crew environmental 

2 briefings; 

3 (9) avoidance of significant adverse effects on 

4 subsistence hunting, fishing, and trapping; 

5 (10) compliance with applicable air and water 

6 quality standards; 

7 (11) appropriate seasonal and safety zone des8 ignations around well sites, within which subsistence 

9 hunting and trapping shall be limited; and 

10 (12) development and implementation of such 

11 other protective environmental requirements, restric12 tions, terms, or conditions as the Secretary deter13 mines to be necessary. 

14 (e) CONSIDERATIONS.—In preparing and issuing reg15 ulations, lease terms, conditions, restrictions, prohibitions, 

16 or stipulations under this section, the Secretary shall take 

17 into consideration— 

18 (1) the stipulations and conditions that govern 

19 the National Petroleum Reserve-Alaska leasing pro20 gram, as set forth in the 1999 Northeast National 

21 Petroleum Reserve-Alaska Final Integrated Activity 

22 Plan/Environmental Impact Statement; 

23 (2) the environmental protection standards that 

24 governed the initial Coastal Plain seismic exploration 

25 program under parts 37.31 through 37.33 of title 


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1 50, Code of Federal Regulations (or successor regu2 lations); and 

3 (3) the land use stipulations for exploratory 

4 drilling on the KIC–ASRC private land described in 

5 appendix 2 of the agreement between Arctic Slope 

6 Regional Corporation and the United States dated 

7 August 9, 1983. 

8 (f) FACILITY CONSOLIDATION PLANNING.— 

9 (1) IN GENERAL.—After providing for public 

10 notice and comment, the Secretary shall prepare and 

11 periodically update a plan to govern, guide, and di12 rect the siting and construction of facilities for the 

13 exploration, development, production, and transpor14 tation of oil and gas resources from the Coastal 

15 Plain. 

16 (2) OBJECTIVES.—The objectives of the plan 

17 shall be— 

18 (A) the avoidance of unnecessary duplica19 tion of facilities and activities; 

20 (B) the encouragement of consolidation of 

21 common facilities and activities; 

22 (C) the location or confinement of facilities 

23 and activities to areas that will minimize impact 

24 on fish and wildlife, fish and wildlife habitat, 

25 subsistence resources, and the environment; 


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1 (D) the use of existing facilities, to the 

2 maximum extent practicable; and 

3 (E) the enhancement of compatibility be4 tween wildlife values and development activities. 

5 (g) ACCESS TO PUBLIC LAND.—The Secretary 

6 shall— 

7 (1) manage public land in the Coastal Plain in 

8 accordance with subsections (a) and (b) of section 

9 811 of the Alaska National Interest Lands Con10 servation Act (16 U.S.C. 3121); and 

11 (2) ensure that local residents shall have rea12 sonable access to public land in the Coastal Plain for 

13 traditional uses. 

14 SEC. 207. EXPEDITED JUDICIAL REVIEW. 

15 (a) FILING OF COMPLAINTS.— 

16 (1) DEADLINE.—A complaint seeking judicial 

17 review of a provision of this title or an action of the 

18 Secretary under this title shall be filed— 

19 (A) except as provided in subparagraph 

20 (B), during the 90-day period beginning on the 

21 date on which the action being challenged was 

22 carried out; or 

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

24 on grounds arising after the 90-day period de25 scribed in subparagraph (A), by not later than 


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1 90 days after the date on which the complain2 ant knew or reasonably should have known 

3 about the grounds for the complaint. 

4 (2) VENUE.—A complaint seeking judicial re5 view of a provision of this title or an action of the 

6 Secretary under this title shall be filed in the United 

7 States Court of Appeals for the District of Columbia 

8 Circuit. 

9 (3) SCOPE.— 

10 (A) IN GENERAL.—Judicial review of a de11 cision of the Secretary relating to a lease sale 

12 under this title (including an environmental 

13 analysis of such a lease sale) shall be— 

14 (i) limited to a review of whether the 

15 decision is in accordance with this title; 

16 and 

17 (ii) based on the administrative record 

18 of the decision. 

19 (B) PRESUMPTIONS.—Any identification 

20 by the Secretary of a preferred course of action 

21 relating to a lease sale, and any analysis by the 

22 Secretary of environmental effects, under this 

23 title shall be presumed to be correct unless 

24 proven otherwise by clear and convincing evi25 dence. 


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1 (b) LIMITATION ON OTHER REVIEW.—Any action of 

2 the Secretary that is subject to judicial review under this 

3 section shall not be subject to judicial review in any civil 

4 or criminal proceeding for enforcement. 

5 SEC. 208. FEDERAL AND STATE DISTRIBUTION OF REVE6 NUES. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, of the amount of adjusted bonus, rental, and 

9 royalty revenues from Federal oil and gas leasing and op10 erations authorized under this title for each fiscal year— 

11 (1) 50 percent shall be paid to the State of 

12 Alaska; and 

13 (2) except as provided in section 211(d), the 

14 balance shall be— 

15 (A) used to offset the provisions of this 

16 Act; and 

17 (B) after making the offsets under sub18 paragraph (A), transferred to the ANWR Alter19 native Energy Trust Fund established by sec20 tion 212. 

21 (b) PAYMENTS TO ALASKA.—Payments to the State 

22 of Alaska under this section shall be made semiannually. 


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1 SEC. 209. 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, 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 202(f) provisions granting 

25 rights-of-way and easements described in subsection (a). 


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1 SEC. 210. CONVEYANCE. 

2 Notwithstanding section 1302(h)(2) of the Alaska 

3 National Interest Lands Conservation Act (16 U.S.C. 

4 3192(h)(2)), to remove any cloud on title to land, and to 

5 clarify land ownership patterns in the Coastal Plain, the 

6 Secretary shall— 

7 (1) to the extent necessary to fulfill the entitle8 ment of the Kaktovik Inupiat Corporation under sec9 tions 12 and 14 of the Alaska Native Claims Settle10 ment Act (43 U.S.C. 1611, 1613), as determined by 

11 the Secretary, convey to that Corporation the sur12 face estate of the land described in paragraph (1) of 

13 Public Land Order 6959, in accordance with the 

14 terms and conditions of the agreement between the 

15 Secretary, the United States Fish and Wildlife Serv16 ice, the Bureau of Land Management, and the 

17 Kaktovik Inupiat Corporation, dated January 22, 

18 1993; and 

19 (2) convey to the Arctic Slope Regional Cor20 poration the remaining subsurface estate to which 

21 that Corporation is entitled under the agreement be22 tween that corporation and the United States, dated 

23 August 9, 1983. 

24 SEC. 211. LOCAL GOVERNMENT IMPACT AID AND COMMU25 NITY SERVICE ASSISTANCE. 

26 (a) FINANCIAL ASSISTANCE AUTHORIZED.— 


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1 (1) IN GENERAL.—The Secretary may use 

2 amounts available from the Coastal Plain Local Gov3 ernment Impact Aid Assistance Fund established by 

4 subsection (d) to provide timely financial assistance 

5 to entities that are eligible under paragraph (2). 

6 (2) ELIGIBLE ENTITIES.—The North Slope 

7 Borough, the City of Kaktovik, and any other bor8 ough, municipal subdivision, village, or other com9 munity in the State of Alaska that is directly im10 pacted by exploration for, or the production of, oil 

11 or gas on the Coastal Plain under this title, as de12 termined by the Secretary, shall be eligible for finan13 cial assistance under this section. 

14 (b) USE OF ASSISTANCE.—Financial assistance 

15 under this section may be used only— 

16 (1) to plan for mitigation, implement a mitiga17 tion plan, or maintain a mitigation project to ad18 dress the potential effects of oil and gas exploration 

19 and development on environmental, social, cultural, 

20 recreational, and subsistence resources of the com21 munity; 

22 (2) to develop, carry out, and maintain— 

23 (A) a project to provide new or expanded 

24 public facilities; or 


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1 (B) services to address the needs and prob2 lems associated with the effects described in 

3 paragraph (1), including firefighting, police, 

4 water and waste treatment, first responder, and 

5 other medical services; and 

6 (3) to establish a local coordination office, to be 

7 managed by the Mayor of the North Slope Borough, 

8 in coordination with the City of Kaktovik, Alaska— 

9 (A) to coordinate with and advise devel10 opers on local conditions and the history of 

11 areas affected by development; and 

12 (B) to provide to the Committee on Re13 sources of the House of Representatives and the 

14 Committee on Energy and Natural Resources of 

15 the Senate annual reports on the status of the 

16 coordination between developers and commu17 nities affected by development. 

18 (c) APPLICATION.— 

19 (1) IN GENERAL.—Any community that is eligi20 ble for assistance under this section may submit an 

21 application for such assistance to the Secretary, in 

22 such form and under such procedures as the Sec23 retary may prescribe by regulation. 

24 (2) NORTH SLOPE BOROUGH COMMUNITIES.—A 

25 community located in the North Slope Borough may 


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1 apply for assistance under this section either directly 

2 to the Secretary or through the North Slope Bor3 ough. 

4 (3) APPLICATION ASSISTANCE.—The Secretary 

5 shall work closely with and assist the North Slope 

6 Borough and other communities eligible for assist7 ance under this section in developing and submitting 

8 applications for assistance under this section. 

9 (d) ESTABLISHMENT OF FUND.— 

10 (1) IN GENERAL.—There is established in the 

11 Treasury the ‘‘Coastal Plain Local Government Im12 pact Aid Assistance Fund’’ (referred to in this sec13 tion as the ‘‘Fund’’). 

14 (2) USE.—Amounts in the Fund may be used 

15 only for providing financial assistance under this 

16 section. 

17 (3) DEPOSITS.—Subject to paragraph (4), there 

18 shall be deposited into the Fund amounts received 

19 by the United States as revenues derived from rents, 

20 bonuses, and royalties from Federal leases and lease 

21 sales authorized under this title. 

22 (4) LIMITATION ON DEPOSITS.—The total 

23 amount in the Fund may not exceed $11,000,000. 


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1 (5) INVESTMENT OF BALANCES.—The Sec2 retary of the Treasury shall invest amounts in the 

3 Fund in interest bearing government securities. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to the Secretary from the 

6 Fund to provide financial assistance under this section 

7 $5,000,000 for each fiscal year. 

8 SEC. 212. ANWR ALTERNATIVE ENERGY TRUST FUND. 

9 (a) ESTABLISHMENT OF TRUST FUND.—There is es10 tablished in the Treasury of the United States a trust fund 

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

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

13 to the ANWR Alternative Energy Trust Fund as provided 

14 in section 208(a)(2). 

15 (b) EXPENDITURES FROM ANWR ALTERNATIVE

16 ENERGY TRUST FUND.— 

17 (1) IN GENERAL.—Amounts in the ANWR Al18 ternative Energy Trust Fund shall be available with19 out further appropriation to carry out specified pro20 visions of the Energy Policy Act of 2005 (Public 

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

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

23 Security Act of 2007 (Public Law 110–140; referred 

24 to in this section as ‘‘EISAct2007’’) as follows: 


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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

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

Title VII, Subtitle A ........................................... 10.0 percent

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

Section 1304 ....................................................... 11.0 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 those sections and 

9 subtitles, in proportion to the amounts authorized by 

10 law to be appropriated for those other sections and 

11 subtitles. 


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1 TITLE III—REGULATORY 

2 STREAMLINING 

3 SEC. 301. COMMERCIAL LEASING PROGRAM FOR OIL SHALE 

4 RESOURCES ON PUBLIC LAND. 

5 Subsection (e) of the Oil Shale, Tar Sands, and Other 

6 Strategic Unconventional Fuels Act of 2005 (42 U.S.C. 

7 15927(e)) is amended— 

8 (1) in the first sentence, by striking ‘‘Not later’’ 

9 and inserting the following: 

10 ‘‘(1) IN GENERAL.—Not later’’; 

11 (2) in the second sentence— 

12 (A) by striking ‘‘If the Secretary’’ and in13 serting the following: 

14 ‘‘(2) LEASE SALES.— 

15 ‘‘(A) IN GENERAL.—If the Secretary’’; and 

16 (B) by striking ‘‘may’’ and inserting 

17 ‘‘shall’’; 

18 (3) in the last sentence, by striking ‘‘Evidence 

19 of interest’’ and inserting the following: 

20 ‘‘(B) EVIDENCE OF INTEREST.—Evidence 

21 of interest’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(C) SUBSEQUENT LEASE SALES.—During 

24 any period for which the Secretary determines 

25 that there is sufficient support and interest in 


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1 a State in the development of tar sands and oil 

2 shale resources, the Secretary shall— 

3 ‘‘(i) at least annually, consult with the 

4 persons described in paragraph (1) to ex5 pedite the commercial leasing program for 

6 oil shale resources on public land in the 

7 State; and 

8 ‘‘(ii) at least once every 270 days, 

9 conduct a lease sale in the State under the 

10 commercial leasing program regulations.’’. 

11 SEC. 302. LICENSING OF NEW NUCLEAR POWER PLANTS. 

12 (a) CONSTRUCTION PERMITS AND OPERATING LI13 CENSES.—Section 185 b. of the Atomic Energy Act of 

14 1954 (42 U.S.C. 2235(b)) is amended in the first sentence 

15 by striking ‘‘holding a public hearing’’ and inserting ‘‘any 

16 public hearing held’’. 

17 (b) HEARINGS AND JUDICIAL REVIEW.—Section 189 

18 a.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 

19 2239(a)(1)(A)) is amended— 

20 (1) by striking the second sentence; and 

21 (2) in the third sentence— 

22 (A) by striking ‘‘In cases’’ and all that fol23 lows through ‘‘hearing, The’’ and inserting 

24 ‘‘The’’; and 


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1 (B) by striking ‘‘an operating license’’ and 

2 inserting ‘‘a construction permit, an operating 

3 license,’’. 

4 SEC. 303. JURISDICTION OVER COVERED ENERGY 

5 PROJECTS. 

6 (a) DEFINITION OF COVERED ENERGY PROJECT.— 

7 In this section, the term ‘‘covered energy project’’ means 

8 any action or decision by a Federal official regarding— 

9 (1) the leasing of Federal land (including sub10 merged land) for the exploration, development, pro11 duction, processing, or transmission of oil, natural 

12 gas, or any other source or form of energy, including 

13 actions and decisions regarding the selection or of14 fering of Federal land for such leasing; or 

15 (2) any action under such a lease, except that 

16 this section and Act shall not apply to a dispute be17 tween the parties to a lease entered into a provision 

18 of law authorizing the lease regarding obligations 

19 under the lease or the alleged breach of the lease. 

20 (b) EXCLUSIVE JURISDICTION OVER CAUSES AND

21 CLAIMS RELATING TO COVERED ENERGY PROJECTS.— 

22 Notwithstanding any other provision of law, the United 

23 States District Court for the District of Columbia shall 

24 have exclusive jurisdiction to hear all causes and claims 


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1 under this section or any other Act that arise from any 

2 covered energy project. 

3 (c) TIME FOR FILING COMPLAINT.— 

4 (1) IN GENERAL.—Each case or claim described 

5 in subsection (b) shall be filed not later than the end 

6 of the 60-day period beginning on the date of the ac7 tion or decision by a Federal official that constitutes 

8 the covered energy project concerned. 

9 (2) PROHIBITION.—Any cause or claim de10 scribed in subsection (b) that is not filed within the 

11 time period described in paragraph (1) shall be 

12 barred. 

13 (d) DISTRICT COURT FOR THE DISTRICT OF COLUM14 BIA DEADLINE.— 

15 (1) IN GENERAL.—Each proceeding that is sub16 ject to subsection (b) shall— 

17 (A) be resolved as expeditiously as prac18 ticable and in any event not more than 180 

19 days after the cause or claim is filed; and 

20 (B) take precedence over all other pending 

21 matters before the district court. 

22 (2) FAILURE TO COMPLY WITH DEADLINE.—If 

23 an interlocutory or final judgment, decree, or order 

24 has not been issued by the district court by the 

25 deadline required under this section, the cause or 


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1 claim shall be dismissed with prejudice and all rights 

2 relating to the cause or claim shall be terminated. 

3 (e) ABILITY TO SEEK APPELLATE REVIEW.—An in4 terlocutory or final judgment, decree, or order of the dis5 trict court under this section may be reviewed by no other 

6 court except the Supreme Court. 

7 (f) DEADLINE FOR APPEAL TO THE SUPREME

8 COURT.—If a writ of certiorari has been granted by the 

9 Supreme Court pursuant to subsection (e), the interlocu10 tory or final judgment, decree, or order of the district 

11 court shall be resolved as expeditiously as practicable and 

12 in any event not more than 180 days after the interlocu13 tory or final judgment, decree, order of the district court 

14 is issued. 

15 SEC. 304. ENVIRONMENTAL IMPACT STATEMENTS. 

16 Title I of the National Environmental Policy Act of 

17 1969 (42 U.S.C. 4331 et seq.) is amended by adding at 

18 the end the following: 

19 ‘‘SEC. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL 

20 IMPACT STATEMENTS. 

21 ‘‘(a) COMPLETION.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of law, each review carried out under sec24 tion 102(2)(C) with respect to any action taken 

25 under any provision of law, or for which funds are 


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1 made available under any provision of law, shall be 

2 completed not later than the date that is 270 days 

3 after the commencement of the review. 

4 ‘‘(2) FAILURE TO COMPLETE REVIEW.—If a re5 view described in paragraph (1) has not been com6 pleted for an action subject to section 102(2)(C) by 

7 the date specified in paragraph (1)— 

8 ‘‘(A) the action shall be considered to have 

9 no significant impact described in section 

10 102(2)(C); and 

11 ‘‘(B) that classification shall be considered 

12 to be a final agency action. 

13 ‘‘(b) LEAD AGENCY.—The lead agency for a review 

14 of an action under this section shall be the Federal agency 

15 to which funds are made available for the action. 

16 ‘‘(c) REVIEW.— 

17 ‘‘(1) ADMINISTRATIVE APPEALS.—There shall 

18 be a single administrative appeal for each review 

19 carried out pursuant to section 102(2)(C). 

20 ‘‘(2) JUDICIAL REVIEW.— 

21 ‘‘(A) IN GENERAL.—On resolution of the 

22 administrative appeal, judicial review of the 

23 final agency decision after exhaustion of admin24 istrative remedies shall lie with the United 


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1 States Court of Appeals for the District of Co2 lumbia Circuit. 

3 ‘‘(B) ADMINISTRATIVE RECORD.—An ap4 peal to the court described in subparagraph (A) 

5 shall be based only on the administrative 

6 record. 

7 ‘‘(C) PENDENCY OF JUDICIAL REVIEW.— 

8 After an agency has made a final decision with 

9 respect to a review carried out under this sub10 section, the decision shall be effective during 

11 the course of any subsequent appeal to a court 

12 described in subparagraph (A). 

13 ‘‘(3) CIVIL ACTION.—Each civil action covered 

14 by this section shall be considered to arise under the 

15 laws of the United States.’’. 

16 SEC. 305. CLEAN AIR REGULATION. 

17 (a) REGULATION OF GREENHOUSE GASES.—Section 

18 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is 

19 amended— 

20 (1) by striking ‘‘(g) The term’’ and inserting 

21 the following: 

22 ‘‘(g) AIR POLLUTANT.— 

23 ‘‘(1) IN GENERAL.—The term’’; 

24 (2) by striking ‘‘Such term’’ and inserting the 

25 following: 


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1 ‘‘(2) INCLUSIONS.—The term ‘air pollutant’ ’’; 

2 and 

3 (3) by adding at the end the following: 

4 ‘‘(3) EXCLUSIONS.—The term ‘air pollutant’ 

5 does not include carbon dioxide, methane from agri6 culture or livestock, or water vapor.’’. 

7 (b) EMISSION WAIVERS.—The Administrator of the 

8 Environmental Protection Agency shall not grant to any 

9 State any waiver of Federal preemption of motor vehicle 

10 standards under section 209(b) of the Clean Air Act (42 

11 U.S.C. 7543(b)) for preemption under that Act for any 

12 regulation of the State to control greenhouse gas emis13 sions from motor vehicles. 

14 SEC. 306. ENDANGERED SPECIES. 

15 (a) EMERGENCIES.—Section 10 of the Endangered 

16 Species Act of 1973 (16 U.S.C. 1539) is amended by add17 ing at the end the following: 

18 ‘‘(k) EMERGENCIES.—On the declaration of an emer19 gency by the Governor of a State, the Secretary shall, for 

20 the duration of the emergency, temporarily exempt from 

21 the prohibition against taking, and the prohibition against 

22 the adverse modification of critical habitat, under this Act 

23 any action that is reasonably necessary to avoid or amelio24 rate the impact of the emergency, including the operation 


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1 of any water supply or flood control project by a Federal 

2 agency.’’. 

3 (b) PROHIBITION OF CONSIDERATION OF IMPACT OF

4 GREENHOUSE GAS.— 

5 (1) IN GENERAL.—The Endangered Species Act 

6 of 1973 (16 U.S.C. 1531 et seq.) is amended by 

7 adding at the end the following: 

8 ‘‘SEC. 19. PROHIBITION OF CONSIDERATION OF IMPACT OF 

9 GREENHOUSE GAS. 

10 ‘‘(a) DEFINITION OF GREENHOUSE.—In this section, 

11 the term ‘greenhouse gas’ means any of— 

12 ‘‘(1) carbon dioxide; 

13 ‘‘(2) methane; 

14 ‘‘(3) nitrous oxide; 

15 ‘‘(4) sulfur hexafluoride; 

16 ‘‘(5) a hydrofluorocarbon; 

17 ‘‘(6) a perfluorocarbon; or 

18 ‘‘(7) any other anthropogenic gas designated by 

19 the Secretary for purposes of this section. 

20 ‘‘(b) IMPACT OF GREENHOUSE GAS.—The impact of 

21 greenhouse gas on any species of fish or wildlife or plant 

22 shall not be considered for any purpose in the implementa23 tion of this Act.’’. 

24 (2) CONFORMING AMENDMENT.—The table of 

25 contents in the first section of the Endangered SpeVerDate Nov 24 2008 00:51 Mar 12, 2009 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431

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1 cies Act of 1973 (16 U.S.C. prec. 1531) is amended 

2 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.’’. 

Æ 


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