II 

112TH CONGRESS 

1ST SESSION S. 352 

To authorize the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from 

the Coastal Plain in Alaska. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2011 

Ms. MURKOWSKI introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To authorize the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain 

in Alaska. 

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 ‘‘American Energy Inde5 pendence and Security Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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

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

3 Coastal Plain Area’’ on the map. 

4 (2) FEDERAL AGREEMENT.—The term ‘‘Fed5 eral Agreement’’ means the Federal Agreement and 

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

7 issued on January 23, 1974, in accordance with sec8 tion 28 of the Mineral Leasing Act (30 U.S.C. 185) 

9 and the Trans-Alaska Pipeline Authorization Act 

10 (43 U.S.C. 1651 et seq.). 

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

12 Statement’’ means the final legislative environmental 

13 impact statement on the Coastal Plain, dated April 

14 1987, and prepared pursuant to section 1002 of the 

15 Alaska National Interest Lands Conservation Act 

16 (16 U.S.C. 3142) and section 102(2)(C) of the Na17 tional Environmental Policy Act of 1969 (42 U.S.C. 

18 4332(2)(C)). 

19 (4) MAP.—The term ‘‘map’’ means the map en20 titled ‘‘Arctic National Wildlife Refuge’’, dated Sep21 tember 2005, and prepared by the United States Ge22 ological Survey. 

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

24 the Secretary of the Interior (or the designee of the 

25 Secretary), acting through the Director of the BuVerDate Mar 15 2010 05:05 Feb 16, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S352.IS S352

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1 reau of Land Management in consultation with the 

2 Director of the United States Fish and Wildlife 

3 Service and in coordination with a State coordinator 

4 appointed by the Governor of the State of Alaska. 

5 SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE COAST6 AL PLAIN. 

7 (a) IN GENERAL.— 

8 (1) AUTHORIZATION.—Congress authorizes the 

9 exploration, leasing, development, production, and 

10 economically feasible and prudent transportation of 

11 oil and gas in and from the Coastal Plain. 

12 (2) ACTIONS.—The Secretary shall take such 

13 actions as are necessary— 

14 (A) to establish and implement, in accord15 ance with this Act, a competitive oil and gas 

16 leasing program that will result in an environ17 mentally sound program for the exploration, de18 velopment, and production of the oil and gas re19 sources of the Coastal Plain while taking into 

20 consideration the interests and concerns of resi21 dents of the Coastal Plain, which is the home22 land of the Kaktovikmiut Inupiat; and 

23 (B) to administer this Act through regula24 tions, lease terms, conditions, restrictions, proVerDate Mar 15 2010 05:05 Feb 16, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S352.IS S352

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1 hibitions, stipulations, and other provisions 

2 that— 

3 (i) ensure the oil and gas exploration, 

4 development, and production activities on 

5 the Coastal Plain will result in no signifi6 cant adverse effect on fish and wildlife, 

7 their habitat, subsistence resources, and 

8 the environment; and 

9 (ii) require the application of the best 

10 commercially available technology for oil 

11 and gas exploration, development, and pro12 duction to all exploration, development, 

13 and production operations under this Act 

14 in a manner that ensures the receipt of 

15 fair market value by the public for the 

16 mineral resources to be leased. 

17 (b) REPEAL.— 

18 (1) REPEAL.—Section 1003 of the Alaska Na19 tional Interest Lands Conservation Act (16 U.S.C. 

20 3143) is repealed. 

21 (2) CONFORMING AMENDMENT.—The table of 

22 contents contained in section 1 of that Act (16 

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

24 relating to section 1003. 


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1 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER2 TAIN OTHER LAWS.— 

3 (1) COMPATIBILITY.—For purposes of the Na4 tional Wildlife Refuge System Administration Act of 

5 1966 (16 U.S.C. 668dd et seq.)— 

6 (A) the oil and gas pre-leasing and leasing 

7 program, and activities authorized by this sec8 tion in the Coastal Plain, shall be considered to 

9 be compatible with the purposes for which the 

10 Arctic National Wildlife Refuge was established; 

11 and 

12 (B) no further findings or decisions shall 

13 be required to implement that program and 

14 those activities. 

15 (2) ADEQUACY OF THE DEPARTMENT OF THE

16 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

17 STATEMENT.—The Final Statement shall be consid18 ered to satisfy the requirements under the National 

19 Environmental Policy Act of 1969 (42 U.S.C. 4321 

20 et seq.) that apply with respect to pre-leasing activi21 ties, including exploration programs and actions au22 thorized to be taken by the Secretary to develop and 

23 promulgate the regulations for the establishment of 

24 a leasing program authorized by this Act before the 

25 conduct of the first lease sale. 


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1 (3) COMPLIANCE WITH NEPA FOR OTHER AC2 TIONS.— 

3 (A) IN GENERAL.—Before conducting the 

4 first lease sale under this Act, the Secretary 

5 shall prepare an environmental impact state6 ment in accordance with the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et 

8 seq.) with respect to the actions authorized by 

9 this Act that are not referred to in paragraph 

10 (2). 

11 (B) IDENTIFICATION AND ANALYSIS.— 

12 Notwithstanding any other provision of law, in 

13 carrying out this paragraph, the Secretary shall 

14 not be required— 

15 (i) to identify nonleasing alternative 

16 courses of action; or 

17 (ii) to analyze the environmental ef18 fects of those courses of action. 

19 (C) IDENTIFICATION OF PREFERRED AC20 TION.—Not later than 18 months after the date 

21 of enactment of this Act, the Secretary shall— 

22 (i) identify only a preferred action and 

23 a single leasing alternative for the first 

24 lease sale authorized under this Act; and 


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1 (ii) analyze the environmental effects 

2 and potential mitigation measures for 

3 those 2 alternatives. 

4 (D) PUBLIC COMMENTS.—In carrying out 

5 this paragraph, the Secretary shall consider 

6 only public comments that are filed not later 

7 than 20 days after the date of publication of a 

8 draft environmental impact statement. 

9 (E) EFFECT OF COMPLIANCE.—Notwith10 standing any other provision of law, compliance 

11 with this paragraph shall be considered to sat12 isfy all requirements for the analysis and con13 sideration of the environmental effects of pro14 posed leasing under this Act. 

15 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR16 ITY.—Nothing in this Act expands or limits any State or 

17 local regulatory authority. 

18 (e) SPECIAL AREAS.— 

19 (1) DESIGNATION.— 

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

21 consultation with the State of Alaska, the 

22 North Slope Borough, Alaska, and the City of 

23 Kaktovik, Alaska, may designate not more than 

24 45,000 acres of the Coastal Plain as a special 

25 area if the Secretary determines that the special 


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1 area would be of such unique character and in2 terest as to require special management and 

3 regulatory protection. 

4 (B) SADLEROCHIT SPRING AREA.—The 

5 Secretary shall designate as a special area in 

6 accordance with subparagraph (A) the 

7 Sadlerochit Spring area, comprising approxi8 mately 4,000 acres as depicted on the map. 

9 (2) MANAGEMENT.—The Secretary shall man10 age each special area designated under this sub11 section in a manner that— 

12 (A) respects and protects the Native people 

13 of the area; and 

14 (B) preserves the unique and diverse char15 acter of the area, including fish, wildlife, sub16 sistence resources, and cultural values of the 

17 area. 

18 (3) EXCLUSION FROM LEASING OR SURFACE

19 OCCUPANCY.— 

20 (A) IN GENERAL.—The Secretary may ex21 clude any special area designated under this 

22 subsection from leasing. 

23 (B) NO SURFACE OCCUPANCY.—If the Sec24 retary leases all or a portion of a special area 

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1 velopment, production, and related activities, 

2 there shall be no surface occupancy of the land 

3 comprising the special area. 

4 (4) DIRECTIONAL DRILLING.—Notwithstanding 

5 any other provision of this subsection, the Secretary 

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

7 terms that permit the use of horizontal drilling tech8 nology from sites on leases located outside the spe9 cial area. 

10 (f) LIMITATION ON CLOSED AREAS.—The Secretary 

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

12 leasing or to exploration, development, or production ex13 cept in accordance with this Act. 

14 (g) REGULATIONS.— 

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

16 after the date of enactment of this Act, in consulta17 tion with appropriate agencies of the State of Alas18 ka, the North Slope Borough, Alaska, and the City 

19 of Kaktovik, Alaska, the Secretary shall issue such 

20 regulations as are necessary to carry out this Act, 

21 including rules and regulations relating to protection 

22 of the fish and wildlife, fish and wildlife habitat, and 

23 subsistence resources of the Coastal Plain. 

24 (2) REVISION OF REGULATIONS.—The Sec25 retary may periodically review and, as appropriate, 


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1 revise the rules and regulations issued under para2 graph (1) to reflect any significant scientific or engi3 neering data that come to the attention of the Sec4 retary. 

5 SEC. 4. LEASE SALES. 

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

7 this Act to any person qualified to obtain a lease for depos8 its of oil and gas under the Mineral Leasing Act (30 

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

10 (b) PROCEDURES.—The Secretary shall, by regula11 tion, establish procedures for— 

12 (1) receipt and consideration of sealed nomina13 tions for any area in the Coastal Plain for inclusion 

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

15 a lease sale; 

16 (2) the holding of lease sales after that nomina17 tion process; and 

18 (3) public notice of and comment on designa19 tion of areas to be included in, or excluded from, a 

20 lease sale. 

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

22 this Act shall be by sealed competitive cash bonus bids. 

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

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

25 for lease those tracts the Secretary considers to have the 


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1 greatest potential for the discovery of hydrocarbons, tak2 ing into consideration nominations received pursuant to 

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

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

5 shall— 

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

7 enactment of this Act, conduct the first lease sale 

8 under this Act; 

9 (2) not later than September 30, 2014, conduct 

10 a second lease sale under this Act; and 

11 (3) conduct additional sales at appropriate in12 tervals if sufficient interest in exploration or devel13 opment exists to warrant the conduct of the addi14 tional sales. 

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

16 (a) IN GENERAL.—Upon payment by a lessee of such 

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

18 may grant to the highest responsible qualified bidder in 

19 a lease sale conducted pursuant to section 4 a lease for 

20 any land on the Coastal Plain. 

21 (b) SUBSEQUENT TRANSFERS.— 

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

23 Act may be sold, exchanged, assigned, sublet, or oth24 erwise transferred except with the approval of the 

25 Secretary. 


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1 (2) CONDITION FOR APPROVAL.—Before grant2 ing any approval described in paragraph (1), the 

3 Secretary shall consult with and give due consider4 ation to the opinion of the Attorney General. 

5 SEC. 6. LEASE TERMS AND CONDITIONS. 

6 (a) IN GENERAL.—An oil or gas lease issued pursu7 ant to this Act shall— 

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

less than 121 9 ⁄2 percent of the amount or value of the 

10 production removed or sold from the lease, as deter11 mined by the Secretary in accordance with regula12 tions applicable to other Federal oil and gas leases; 

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

14 seasonal basis, such portions of the Coastal Plain to 

15 exploratory drilling activities as are necessary to 

16 protect caribou calving areas and other species of 

17 fish and wildlife; 

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

19 Coastal Plain shall be fully responsible and liable for 

20 the reclamation of land within the Coastal Plain and 

21 any other Federal land that is adversely affected in 

22 connection with exploration, development, produc23 tion, or transportation activities within the Coastal 

24 Plain conducted by the lessee or by any of the sub25 contractors or agents of the lessee; 


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

2 convey, by contract or otherwise, that reclamation 

3 responsibility and liability to another person without 

4 the express written approval of the Secretary; 

5 (5) provide that the standard of reclamation for 

6 land required to be reclaimed under this Act shall 

7 be, to the maximum extent practicable— 

8 (A) a condition capable of supporting the 

9 uses that the land was capable of supporting 

10 prior to any exploration, development, or pro11 duction activities; or 

12 (B) upon application by the lessee, to a 

13 higher or better standard, as approved by the 

14 Secretary; 

15 (6) contain terms and conditions relating to 

16 protection of fish and wildlife, fish and wildlife habi17 tat, subsistence resources, and the environment as 

18 required under section 3(a)(2); 

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

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

21 provide a fair share of employment and contracting 

22 for Alaska Natives and Alaska Native Corporations 

23 from throughout the State of Alaska, as determined 

24 by the level of obligation previously agreed to in the 

25 Federal Agreement; and 


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1 (8) contain such other provisions as the Sec2 retary determines to be necessary to ensure compli3 ance with this Act and regulations issued under this 

4 Act. 

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

6 as a term and condition of each lease under this Act, and 

7 in recognizing the proprietary interest of the Federal Gov8 ernment in labor stability and in the ability of construction 

9 labor and management to meet the particular needs and 

10 conditions of projects to be developed under the leases 

11 issued pursuant to this Act (including the special concerns 

12 of the parties to those leases), shall require that each les13 see, and each agent and contractor of a lessee, under this 

14 Act negotiate to obtain a project labor agreement for the 

15 employment of laborers and mechanics on production, 

16 maintenance, and construction under the lease. 

17 SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

18 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

19 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

20 In accordance with section 3, the Secretary shall admin21 ister this Act through regulations, lease terms, conditions, 

22 restrictions, prohibitions, stipulations, or other provisions 

23 that— 

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

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1 duction activities on the Coastal Plain will result in 

2 no significant adverse effect on fish and wildlife, fish 

3 and wildlife habitat, and the environment; 

4 (2) require the application of the best commer5 cially available technology for oil and gas explo6 ration, development, and production on all new ex7 ploration, development, and production operations; 

8 and 

9 (3) ensure that the maximum surface acreage 

10 covered in connection with the leasing program by 

11 production and support facilities, including airstrips 

12 and any areas covered by gravel berms or piers for 

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

14 the Coastal Plain. 

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

16 The Secretary shall require, with respect to any proposed 

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

18 (1) a site-specific environmental analysis be 

19 made of the probable effects, if any, that the drilling 

20 or related activities will have on fish and wildlife, 

21 fish and wildlife habitat, subsistence resources, sub22 sistence uses, and the environment; 

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

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1 tent practicable) any significant adverse effect iden2 tified under paragraph (1); and 

3 (3) the development of the plan occur after con4 sultation with— 

5 (A) each agency having jurisdiction over 

6 matters mitigated by the plan; 

7 (B) the State of Alaska; 

8 (C) North Slope Borough, Alaska; and 

9 (D) the City of Kaktovik, Alaska. 

10 (c) REGULATIONS TO PROTECT COASTAL PLAIN

11 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

12 AND THE ENVIRONMENT.—Before implementing the leas13 ing program authorized by this Act, the Secretary shall 

14 prepare and issue regulations, lease terms, conditions, re15 strictions, prohibitions, stipulations, or other measures de16 signed to ensure, to the maximum extent practicable, that 

17 the activities carried out on the Coastal Plain under this 

18 Act are conducted in a manner consistent with the pur19 poses and environmental requirements of this Act. 

20 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI21 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

22 proposed regulations, lease terms, conditions, restrictions, 

23 prohibitions, and stipulations for the leasing program 

24 under this Act shall require— 


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1 (1) compliance with all applicable provisions of 

2 Federal and State environmental law (including reg3 ulations); 

4 (2) implementation of and compliance with— 

5 (A) standards that are at least as effective 

6 as the safety and environmental mitigation 

7 measures, as described in items 1 through 29 

8 on pages 167 through 169 of the Final State9 ment, on the Coastal Plain; 

10 (B) seasonal limitations on exploration, de11 velopment, and related activities, as necessary, 

12 to avoid significant adverse effects during peri13 ods of concentrated fish and wildlife breeding, 

14 denning, nesting, spawning, and migration; 

15 (C) design safety and construction stand16 ards for all pipelines and any access and service 

17 roads that minimize, to the maximum extent 

18 practicable, adverse effects on— 

19 (i) the passage of migratory species 

20 (such as caribou); and 

21 (ii) the flow of surface water by re22 quiring the use of culverts, bridges, or 

23 other structural devices; 


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1 (D) prohibitions on general public access 

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

3 roads; 

4 (E) stringent reclamation and rehabilita5 tion requirements in accordance with this Act 

6 for the removal from the Coastal Plain of all oil 

7 and gas development and production facilities, 

8 structures, and equipment on completion of oil 

9 and gas production operations, except in a case 

10 in which the Secretary determines that those 

11 facilities, structures, or equipment— 

12 (i) would assist in the management of 

13 the Arctic National Wildlife Refuge; and 

14 (ii) are donated to the United States 

15 for that purpose; 

16 (F) appropriate prohibitions or restrictions 

17 on— 

18 (i) access by all modes of transpor19 tation; 

20 (ii) sand and gravel extraction; and 

21 (iii) use of explosives; 

22 (G) reasonable stipulations for protection 

23 of cultural and archaeological resources; 

24 (H) measures to protect groundwater and 

25 surface water, including— 


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1 (i) avoidance, to the maximum extent 

2 practicable, of springs, streams, and river 

3 systems; 

4 (ii) the protection of natural surface 

5 drainage patterns and wetland and ripar6 ian habitats; and 

7 (iii) the regulation of methods or tech8 niques for developing or transporting ade9 quate supplies of water for exploratory 

10 drilling; and 

11 (I) research, monitoring, and reporting re12 quirements; 

13 (3) that exploration activities (except surface 

14 geological studies) be limited to the period between 

15 approximately November 1 and May 1 of each year 

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

17 trails with adequate snow cover, ice pads, ice air18 strips, and air transport methods (except that those 

19 exploration activities may be permitted at other 

20 times if the Secretary determines that the explo21 ration will have no significant adverse effect on fish 

22 and wildlife, fish and wildlife habitat, subsistence re23 sources, and the environment of the Coastal Plain); 

24 (4) consolidation of facility siting; 


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

2 disturbance to fish and wildlife; 

3 (6) treatment and disposal of hazardous and 

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

5 muds and cuttings, and domestic wastewater, includ6 ing, in accordance with applicable Federal and State 

7 environmental laws (including regulations)— 

8 (A) preparation of an annual waste man9 agement report; 

10 (B) development and implementation of a 

11 hazardous materials tracking system; and 

12 (C) prohibition on the use of chlorinated 

13 solvents; 

14 (7) fuel storage and oil spill contingency plan15 ning; 

16 (8) conduct of periodic field crew environmental 

17 briefings; 

18 (9) avoidance of significant adverse effects on 

19 subsistence hunting, fishing, and trapping; 

20 (10) compliance with applicable air and water 

21 quality standards; 

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

24 hunting and trapping shall be limited; and 


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1 (12) development and implementation of such 

2 other protective environmental requirements, restric3 tions, terms, or conditions as the Secretary, after 

4 consultation with the State of Alaska, North Slope 

5 Borough, Alaska, and the City of Kaktovik, Alaska, 

6 determines to be necessary. 

7 (e) CONSIDERATIONS.—In preparing and issuing reg8 ulations, lease terms, conditions, restrictions, prohibitions, 

9 or stipulations under this section, the Secretary shall take 

10 into consideration— 

11 (1) the stipulations and conditions that govern 

12 the National Petroleum Reserve-Alaska leasing pro13 gram, as set forth in the 1999 Northeast National 

14 Petroleum Reserve-Alaska Final Integrated Activity 

15 Plan/Environmental Impact Statement; 

16 (2) the environmental protection standards that 

17 governed the initial Coastal Plain seismic exploration 

18 program under parts 37.31 through 37.33 of title 

19 50, Code of Federal Regulations (or successor regu20 lations); and 

21 (3) the land use stipulations for exploratory 

22 drilling on the KIC–ASRC private land described in 

23 Appendix 2 of the agreement between Arctic Slope 

24 Regional Corporation and the United States dated 

25 August 9, 1983. 


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1 (f) FACILITY CONSOLIDATION PLANNING.— 

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

3 notice and comment, the Secretary shall prepare and 

4 periodically update a plan to govern, guide, and di5 rect the siting and construction of facilities for the 

6 exploration, development, production, and transpor7 tation of oil and gas resources from the Coastal 

8 Plain. 

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

10 shall be— 

11 (A) the avoidance of unnecessary duplica12 tion of facilities and activities; 

13 (B) the encouragement of consolidation of 

14 common facilities and activities; 

15 (C) the location or confinement of facilities 

16 and activities to areas that will minimize impact 

17 on fish and wildlife, fish and wildlife habitat, 

18 subsistence resources, and the environment; 

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

20 maximum extent practicable; and 

21 (E) the enhancement of compatibility be22 tween wildlife values and development activities. 

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

24 shall— 


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

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

3 811 of the Alaska National Interest Lands Con4 servation Act (16 U.S.C. 3121); and 

5 (2) ensure that local residents shall have rea6 sonable access to public land in the Coastal Plain for 

7 traditional uses. 

8 SEC. 8. EXPEDITED JUDICIAL REVIEW. 

9 (a) FILING OF COMPLAINTS.— 

10 (1) DEADLINE.—A complaint seeking judicial 

11 review of a provision of this Act or an action of the 

12 Secretary under this Act shall be filed— 

13 (A) except as provided in subparagraph 

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

15 date on which the action being challenged was 

16 carried out; or 

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

18 on grounds arising after the 90-day period de19 scribed in subparagraph (A), by not later than 

20 90 days after the date on which the complain21 ant knew or reasonably should have known 

22 about the grounds for the complaint. 

23 (2) VENUE.—A complaint seeking judicial re24 view of a provision of this Act or an action of the 

25 Secretary under this Act shall be filed in the United 


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1 States Court of Appeals for the District of Colum2 bia. 

3 (3) SCOPE.— 

4 (A) IN GENERAL.—Judicial review of a de5 cision of the Secretary under this Act (including 

6 an environmental analysis of such a lease sale) 

7 shall be— 

8 (i) limited to a review of whether the 

9 decision is in accordance with this Act; and 

10 (ii) based on the administrative record 

11 of the decision. 

12 (B) PRESUMPTIONS.—Any identification 

13 by the Secretary of a preferred course of action 

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

15 Secretary of environmental effects, under this 

16 Act shall be presumed to be correct unless prov17 en otherwise by clear and convincing evidence. 

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

19 the Secretary that is subject to judicial review under this 

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

21 or criminal proceeding for enforcement. 

22 SEC. 9. FEDERAL AND STATE DISTRIBUTION OF REVENUES. 

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, of the amount of adjusted bonus, rental, and 


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1 royalty revenues from oil and gas leasing and operations 

2 authorized under this Act— 

3 (1) 50 percent shall be paid to the State of 

4 Alaska; and 

5 (2) the balance shall be allocated in accordance 

6 with section 13. 

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

8 of Alaska under this section shall be made semiannually. 

9 SEC. 10. RIGHTS-OF-WAY AND EASEMENTS ACROSS COAST10 AL PLAIN. 

11 For purposes of section 1102(4)(A) of the Alaska Na12 tional Interest Lands Conservation Act (16 U.S.C. 

13 3162(4)(A)), any rights-of-way or easements across the 

14 Coastal Plain for the exploration, development, produc15 tion, or transportation of oil and gas shall be considered 

16 to be established incident to the management of the Coast17 al Plain under this section. 

18 SEC. 11. CONVEYANCE. 

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

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

21 3192(h)(2)), to remove any cloud on title to land, and to 

22 clarify land ownership patterns in the Coastal Plain, the 

23 Secretary shall— 

24 (1) to the extent necessary to fulfill the entitle25 ment of the Kaktovik Inupiat Corporation under secVerDate Mar 15 2010 05:05 Feb 16, 2011 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S352.IS S352

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1 tions 12 and 14 of the Alaska Native Claims Settle2 ment Act (43 U.S.C. 1611, 1613), as determined by 

3 the Secretary, convey to that Corporation the sur4 face estate of the land described in paragraph (1) of 

5 Public Land Order 6959, in accordance with the 

6 terms and conditions of the agreement between the 

7 Secretary, the United States Fish and Wildlife Serv8 ice, the Bureau of Land Management, and the 

9 Kaktovik Inupiat Corporation, dated January 22, 

10 1993; and 

11 (2) convey to the Arctic Slope Regional Cor12 poration the remaining subsurface estate to which 

13 that Corporation is entitled under the agreement be14 tween that corporation and the United States, dated 

15 August 9, 1983. 

16 SEC. 12. LOCAL GOVERNMENT IMPACT AID AND COMMU17 NITY SERVICE ASSISTANCE. 

18 (a) ESTABLISHMENT OF FUND.— 

19 (1) IN GENERAL.—As a condition on the receipt 

20 of funds under section 13(1), the State of Alaska 

21 shall establish in the treasury of the State, and ad22 minister in accordance with this section, a fund to 

23 be known as the ‘‘Coastal Plain Local Government 

24 Impact Aid Assistance Fund’’ (referred to in this 

25 section as the ‘‘Fund’’). 


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1 (2) DEPOSITS.—Subject to paragraph (1), the 

2 Secretary of the Treasury shall deposit into the 

3 Fund, $15,000,000 each year from the amount 

4 available under section 13(1). 

5 (3) INVESTMENT.—The Governor of the State 

6 of Alaska (referred to in this section as the ‘‘Gov7 ernor’’) shall invest amounts in the Fund in interest8 bearing securities of the United States or the State 

9 of Alaska. 

10 (b) ASSISTANCE.—The Governor, in cooperation with 

11 the Mayor of the North Slope Borough, shall use amounts 

12 in the Fund to provide assistance to North Slope Borough, 

13 Alaska, the City of Kaktovik, Alaska, and any other bor14 ough, municipal subdivision, village, or other community 

15 in the State of Alaska that is directly impacted by explo16 ration for, or the production of, oil or gas on the Coastal 

17 Plain under this Act, or any Alaska Native Regional Cor18 poration acting on behalf of the villages and communities 

19 within its region whose lands lie along the right of way 

20 of the Trans Alaska Pipeline System, as determined by 

21 the Governor. 

22 (c) APPLICATION.— 

23 (1) IN GENERAL.—To receive assistance under 

24 subsection (b), a community or Regional Corporation 

25 described in that subsection shall submit to the GovVerDate Mar 15 2010 05:05 Feb 16, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S352.IS S352

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1 ernor, or to the Mayor of the North Slope Borough, 

2 an application in such time, in such manner, and 

3 containing such information as the Governor may re4 quire. 

5 (2) ACTION BY NORTH SLOPE BOROUGH.—The 

6 Mayor of the North Slope Borough shall submit to 

7 the Governor each application received under para8 graph (1) as soon as practicable after the date on 

9 which the application is received. 

10 (3) ASSISTANCE OF GOVERNOR.—The Governor 

11 shall assist communities in submitting applications 

12 under this subsection, to the maximum extent prac13 ticable. 

14 (d) USE OF FUNDS.—A community or Regional Cor15 poration that receives funds under subsection (b) may use 

16 the funds— 

17 (1) to plan for mitigation, implement a mitiga18 tion plan, or maintain a mitigation project to ad19 dress the potential effects of oil and gas exploration 

20 and development on environmental, social, cultural, 

21 recreational, and subsistence resources of the com22 munity; 

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

24 (A) a project to provide new or expanded 

25 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 compensate residents of the Coastal 

7 Plain for significant damage to environmental, so8 cial, cultural, recreational, or subsistence resources. 

9 SEC. 13. ALLOCATION OF FEDERAL REVENUES. 

10 Notwithstanding any other provision of law, all ad11 justed bonus, rental, and royalty receipts from Federal oil 

12 and gas leasing and operations authorized under this Act 

13 made available under section 9(a)(2), plus an appropriated 

14 amount equal to the amount of Federal income tax attrib15 utable to sales of oil and gas produced from those oper16 ations, shall be deposited in an account in the Treasury 

17 which shall be available, without further appropriation or 

18 fiscal year limitation, each fiscal year as follows: 

19 (1) $15,000,000 shall be deposited by the Sec20 retary of the Treasury into the fund created under 

21 section 12(a)(1). 

22 (2) The remainder shall be available as follows: 

23 (A) 25 percent shall be available to the De24 partment of Energy to carry out alternative en25 ergy programs established under the Energy 


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1 Policy Act of 2005 (42 U.S.C. 15801 et seq.), 

2 the Energy Independence and Security Act of 

3 2007 (42 U.S.C. 17001 et seq.), or an amend4 ment made by either of those Acts, as deter5 mined by the Secretary of Energy. 

6 (B) 10 percent shall be available to the 

7 Department of Health and Human Services to 

8 provide low-income home energy assistance 

9 under title XXVI of the Omnibus Budget Rec10 onciliation Act of 1981 (42 U.S.C. 8621 et 

11 seq.). 

12 (C) 10 percent shall be available to the De13 partment of Energy to carry out the Weather14 ization Assistance Program for Low-Income 

15 Persons established under part A of title IV of 

16 the Energy Conservation and Production Act 

17 (42 U.S.C. 6861 et seq.). 

18 (D) 10 percent shall be available to the 

19 Department of the Interior for award to wildlife 

20 habitat and fish and game programs authorized 

21 by the Pittman-Robertson Wildlife Restoration 

22 Act (16 U.S.C. 669 et seq.) and the Dingell23 Johnson Sport Fish Restoration Act) (com24 monly known as the ‘‘Wallop-Breaux Act’’) (16 

25 U.S.C. 777 et seq.). 


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1 (E) The balance shall be deposited into the 

2 Treasury as miscellaneous receipts. 

3 SEC. 14. SEVERABILITY. 

4 If any provision of this Act, or the application of such 

5 provision to any person or circumstance, is held to be un6 constitutional, the remainder of this Act and the applica7 tion of such provisions to any person or circumstance shall 

8 not be affected thereby. 

Æ 


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