I 

111TH CONGRESS 

1ST SESSION H. R. 3009 

To promote alternative and renewable fuels and domestic energy production, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2009 

Mr. ROSS introduced the following bill; which was referred to the Committee 

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

Commerce, 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 promote alternative and renewable fuels and domestic 

energy production, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘American-Made Energy Act of 2009’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AMERICAN-MADE ENERGY TRUST FUND 


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Sec. 101. American-Made Energy Trust Fund. 

TITLE II—DEVELOPMENT OF OIL AND GAS RESOURCES OF THE 

COASTAL PLAIN OF ALASKA 

Sec. 201. Definitions. 

Sec. 202. Leasing program for lands 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. 

TITLE III—OFFSHORE OIL AND GAS LEASING 

Sec. 301. Termination of prohibitions on expenditures for, and withdrawals 

from, offshore leasing. 

Sec. 302. Sharing of revenues. 

1 TITLE I—AMERICAN-MADE 

2 ENERGY TRUST FUND 

3 SEC. 101. AMERICAN-MADE ENERGY TRUST FUND. 

4 (a) ESTABLISHMENT OF TRUST FUND.—There is es5 tablished in the Treasury of the United States a trust fund 

6 to be known as the ‘‘American-Made Energy Trust Fund’’, 

7 consisting of such amounts as may be appropriated or 

8 credited to the American-Made Energy Trust Fund as 

9 provided in this section. 

10 (b) TRANSFERS TO TRUST FUND.— 

11 (1) IN GENERAL.—There are hereby appro12 priated to the American-Made Energy Trust Fund 

13 amounts required to be transferred under section 

14 208 of this Act and under section 8(g)(6) of the 


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1 Outer Continental Shelf Lands Act (as added by sec2 tion 302 of this Act). 

3 (2) INVESTMENT.— 

4 (A) IN GENERAL.—The Secretary of the 

5 Treasury shall invest such portion of the Amer6 ican-Made Energy Trust Fund as is not, in the 

7 Secretary’s judgment, required to meet current 

8 withdrawals. Such investments may be made 

9 only in interest-bearing obligations of the 

10 United States. For purposes of this paragraph 

11 rules similar to the rules of section 9602(b) of 

12 the Internal Revenue Code of 1986 shall apply. 

13 (B) INTEREST ON CERTAIN PROCEEDS.— 

14 The interest on, and the proceeds from the sale 

15 or redemption of, any obligations held in the 

16 American-Made Energy Trust Fund shall be 

17 credited to and form a part of the Trust Fund. 

18 (c) EXPENDITURES FROM AMERICAN-MADE ENERGY

19 TRUST FUND.—Amounts in the American-Made Energy 

20 Trust Fund shall be available in any year to the Secretary 

21 of Energy for alternative and renewable energy incentives 

22 and projects, including with respect to— 

23 (1) wind resources, 

24 (2) solar resources, 

25 (3) biomass resources, 


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1 (4) biodiesel and renewable diesel resources, 

2 (5) renewable jet fuel, 

3 (6) waste to energy, including municipal solid 

4 waste technology and technologies to convert renew5 able biomass to electricity, biogas, and synthesis gas, 

6 (7) geothermal resources, 

7 (8) hydropower, 

8 (9) nuclear power, 

9 (10) carbon capture and sequestration, includ10 ing where carbon capture and sequestration tech11 nology is retrofitted, 

12 (11) coal to liquid technology, or 

13 (12) energy efficiency measures. 

14 TITLE II—DEVELOPMENT OF OIL 

15 AND GAS RESOURCES OF THE 

16 COASTAL PLAIN OF ALASKA 

17 SEC. 201. DEFINITIONS. 

18 In this title: 

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

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

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

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

23 as otherwise provided, means the Secretary of the 

24 Interior or the Secretary’s designee. 


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1 SEC. 202. LEASING PROGRAM FOR LANDS 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 and acting through the Director of the 

7 Bureau of Land Management in consultation with 

8 the Director of the United States Fish and Wildlife 

9 Service, a competitive oil and gas leasing program 

10 that will result in an environmentally sound program 

11 for the exploration, development, and production of 

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

13 (2) to administer the provisions of this title 

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

16 that ensure the oil and gas exploration, development, 

17 and production activities on the Coastal Plain will 

18 result in no significant adverse effect on fish and 

19 wildlife, their habitat, subsistence resources, and the 

20 environment, including, in furtherance of this goal, 

21 by requiring the application of the best commercially 

22 available technology for oil and gas exploration, de23 velopment, and production to all exploration, devel24 opment, and production operations under this title 

25 in a manner that ensures the receipt of fair market 


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1 value by the public for the mineral resources to be 

2 leased. 

3 The Secretary shall not commence leasing under the pro4 gram described in paragraph (1) unless a finding has been 

5 made that bonus bids for offered leases are estimated to 

6 be not less than $6,000,000,000. 

7 (b) REPEAL.— 

8 (1) REPEAL.—Section 1003 of the Alaska Na9 tional Interest Lands Conservation Act of 1980 (16 

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

11 (2) CONFORMING AMENDMENT.—The table of 

12 contents in section 1 of such Act is amended by 

13 striking the item relating to section 1003. 

14 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER15 TAIN OTHER LAWS.— 

16 (1) COMPATIBILITY.—For purposes of the Na17 tional Wildlife Refuge System Administration Act of 

18 1966 (16 U.S.C. 668dd et seq.), the oil and gas 

19 leasing program and activities authorized by this 

20 section in the Coastal Plain are deemed to be com21 patible with the purposes for which the Arctic Na22 tional Wildlife Refuge was established, and no fur23 ther findings or decisions are required to implement 

24 this determination. 


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1 (2) ADEQUACY OF THE DEPARTMENT OF THE

2 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

3 STATEMENT.—The ‘‘Final Legislative Environ4 mental Impact Statement’’ (April 1987) on the 

5 Coastal Plain prepared pursuant to section 1002 of 

6 the Alaska National Interest Lands Conservation 

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

8 of the National Environmental Policy Act of 1969 

9 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the re10 quirements under the National Environmental Policy 

11 Act of 1969 that apply with respect to prelease ac12 tivities, including actions authorized to be taken by 

13 the Secretary to develop and promulgate the regula14 tions for the establishment of a leasing program au15 thorized by this title before the conduct of the first 

16 lease sale. 

17 (3) COMPLIANCE WITH NEPA FOR OTHER AC18 TIONS.—Before conducting the first lease sale under 

19 this title, the Secretary shall prepare an environ20 mental impact statement under the National Envi21 ronmental Policy Act of 1969 with respect to the ac22 tions authorized by this title that are not referred to 

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

24 the Secretary is not required to identify nonleasing 

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1 ronmental effects of such courses of action. The Sec2 retary shall only identify a preferred action for such 

3 leasing and a single leasing alternative, and analyze 

4 the environmental effects and potential mitigation 

5 measures for those two alternatives. The identifica6 tion of the preferred action and related analysis for 

7 the first lease sale under this title shall be completed 

8 within 18 months after the date of enactment of this 

9 title. The Secretary shall only consider public com10 ments that specifically address the Secretary’s pre11 ferred action and that are filed within 20 days after 

12 publication of an environmental analysis. Notwith13 standing any other law, compliance with this para14 graph is deemed to satisfy all requirements for the 

15 analysis and consideration of the environmental ef16 fects of proposed leasing under this title. 

17 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR18 ITY.—Nothing in this title shall be considered to expand 

19 or limit State and local regulatory authority. 

20 (e) SPECIAL AREAS.— 

21 (1) IN GENERAL.—The Secretary, after con22 sultation with the State of Alaska, the city of 

23 Kaktovik, and the North Slope Borough, may des24 ignate up to a total of 45,000 acres of the Coastal 

25 Plain as a Special Area if the Secretary determines 


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1 that the Special Area is of such unique character 

2 and interest so as to require special management 

3 and regulatory protection. The Secretary shall des4 ignate as such a Special Area the Sadlerochit Spring 

5 area, comprising approximately 4,000 acres. 

6 (2) MANAGEMENT.—Each such Special Area 

7 shall be managed so as to protect and preserve the 

8 area’s unique and diverse character including its 

9 fish, wildlife, and subsistence resource values. 

10 (3) EXCLUSION FROM LEASING OR SURFACE

11 OCCUPANCY.—The Secretary may exclude any Spe12 cial Area from leasing. If the Secretary leases a Spe13 cial Area, or any part thereof, for purposes of oil 

14 and gas exploration, development, production, and 

15 related activities, there shall be no surface occu16 pancy of the lands comprising the Special Area. 

17 (4) DIRECTIONAL DRILLING.—Notwithstanding 

18 the other provisions of this subsection, the Secretary 

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

20 terms that permit the use of horizontal drilling tech21 nology from sites on leases located outside the Spe22 cial Area. 

23 (f) LIMITATION ON CLOSED AREAS.—The Sec24 retary’s sole authority to close lands within the Coastal 


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1 Plain to oil and gas leasing and to exploration, develop2 ment, and production is that set forth in this title. 

3 (g) REGULATIONS.— 

4 (1) IN GENERAL.—The Secretary shall pre5 scribe such regulations as may be necessary to carry 

6 out this title, including rules and regulations relating 

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

8 subsistence resources, and environment of the Coast9 al Plain, by no later than 15 months after the date 

10 of enactment of this title. 

11 (2) REVISION OF REGULATIONS.—The Sec12 retary shall periodically review and, if appropriate, 

13 revise the rules and regulations issued under sub14 section (a) to reflect any significant biological, envi15 ronmental, or engineering data that come to the Sec16 retary’s attention. 

17 SEC. 203. LEASE SALES. 

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

19 this title to any person qualified to obtain a lease for de20 posits of oil and gas under the Mineral Leasing Act (30 

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

22 (b) PROCEDURES.—The Secretary shall, by regula23 tion, establish procedures for— 

24 (1) receipt and consideration of sealed nomina25 tions for any area in the Coastal Plain for inclusion 


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

2 a lease sale; 

3 (2) the holding of lease sales after such nomina4 tion process; and 

5 (3) public notice of and comment on designa6 tion of areas to be included in, or excluded from, a 

7 lease sale. 

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

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

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

11 lease sale under this title, the Secretary shall offer for 

12 lease those tracts the Secretary considers to have the 

13 greatest potential for the discovery of hydrocarbons, tak14 ing into consideration nominations received pursuant to 

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

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

17 shall— 

18 (1) conduct the first lease sale under this title 

19 within 22 months after the date of the enactment of 

20 this title; and 

21 (2) conduct additional sales so long as sufficient 

22 interest in development exists to warrant, in the Sec23 retary’s judgment, the conduct of such sales. 


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

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

3 highest responsible qualified bidder in a lease sale con4 ducted pursuant to section 203 any lands to be leased on 

5 the Coastal Plain upon payment by the lessee of such 

6 bonus as may be accepted by the Secretary. 

7 (b) SUBSEQUENT TRANSFERS.—No lease issued 

8 under this title may be sold, exchanged, assigned, sublet, 

9 or otherwise transferred except with the approval of the 

10 Secretary. Prior to any such approval the Secretary shall 

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

12 the Attorney General. 

13 SEC. 205. LEASE TERMS AND CONDITIONS. 

14 (a) IN GENERAL.—An oil or gas lease issued pursu15 ant to this title shall— 

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

less than 121 17 ⁄2 percent in amount or value of the 

18 production removed or sold from the lease, as deter19 mined by the Secretary under the regulations appli20 cable to other Federal oil and gas leases; 

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

22 seasonal basis, portions of the Coastal Plain to ex23 ploratory drilling activities as necessary to protect 

24 caribou calving areas and other species of fish and 

25 wildlife; 


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

2 Coastal Plain shall be fully responsible and liable for 

3 the reclamation of lands within the Coastal Plain 

4 and any other Federal lands that are adversely af5 fected in connection with exploration, development, 

6 production, or transportation activities conducted 

7 under the lease and within the Coastal Plain by the 

8 lessee or by any of the subcontractors or agents of 

9 the lessee; 

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

11 convey, by contract or otherwise, the reclamation re12 sponsibility and liability to another person without 

13 the express written approval of the Secretary; 

14 (5) provide that the standard of reclamation for 

15 lands required to be reclaimed under this title shall 

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

17 supporting the uses which the lands were capable of 

18 supporting prior to any exploration, development, or 

19 production activities, or upon application by the les20 see, to a higher or better use as approved by the 

21 Secretary; 

22 (6) contain terms and conditions relating to 

23 protection of fish and wildlife, their habitat, subsist24 ence resources, and the environment as required 

25 pursuant to section 202(a)(2); 


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

2 contractors use best efforts to provide a fair share, 

3 as determined by the level of obligation previously 

4 agreed to in the 1974 agreement implementing sec5 tion 29 of the Federal Agreement and Grant of 

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

7 Pipeline, of employment and contracting for Alaska 

8 Natives and Alaska Native Corporations from 

9 throughout the State; and 

10 (8) contain such other provisions as the Sec11 retary determines necessary to ensure compliance 

12 with the provisions of this title and the regulations 

13 issued under this title. 

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

15 as a term and condition of each lease under this title and 

16 in recognizing the Government’s proprietary interest in 

17 labor stability and in the ability of construction labor and 

18 management to meet the particular needs and conditions 

19 of projects to be developed under the leases issued pursu20 ant to this title and the special concerns of the parties 

21 to such leases, shall require that the lessee and its agents 

22 and contractors negotiate to obtain a project labor agree23 ment for the employment of laborers and mechanics on 

24 production, maintenance, and construction under the 

25 lease. 


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1 SEC. 206. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

2 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

3 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

4 The Secretary shall, consistent with the requirements of 

5 section 202, administer the provisions of this title through 

6 regulations, lease terms, conditions, restrictions, prohibi7 tions, stipulations, and other provisions that— 

8 (1) ensure the oil and gas exploration, develop9 ment, and production activities on the Coastal Plain 

10 will result in no significant adverse effect on fish 

11 and wildlife, their habitat, and the environment; 

12 (2) require the application of the best commer13 cially available technology for oil and gas explo14 ration, development, and production on all new ex15 ploration, development, and production operations; 

16 and 

17 (3) ensure that the maximum amount of sur18 face acreage covered by production and support fa19 cilities, including airstrips and any areas covered by 

20 gravel berms or piers for support of pipelines, does 

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

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

23 The Secretary shall also require, with respect to any pro24 posed drilling and related activities, that— 

25 (1) a site-specific analysis be made of the prob26 able effects, if any, that the drilling or related activiVerDate Nov 24 2008 03:17 Jun 25, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3009.IH H3009

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1 ties will have on fish and wildlife, their habitat, sub2 sistence resources, and the environment; 

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

4 and mitigate (in that order and to the extent prac5 ticable) any significant adverse effect identified 

6 under paragraph (1); and 

7 (3) the development of the plan shall occur 

8 after consultation with the agency or agencies hav9 ing jurisdiction over matters mitigated by the plan. 

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 title, the Secretary shall 

14 prepare and promulgate regulations, lease terms, condi15 tions, restrictions, prohibitions, stipulations, and other 

16 measures designed to ensure that the activities undertaken 

17 on the Coastal Plain under this title are conducted in a 

18 manner consistent with the purposes and environmental 

19 requirements of this title. 

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 title shall require compliance with all applicable 


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1 provisions of Federal and State environmental law, and 

2 shall also require the following: 

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

4 and environmental mitigation measures set forth in 

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

6 ‘‘Final Legislative Environmental Impact State7 ment’’ (April 1987) on the Coastal Plain. 

8 (2) Seasonal limitations on exploration, develop9 ment, and related activities, where necessary, to 

10 avoid significant adverse effects during periods of 

11 concentrated fish and wildlife breeding, denning, 

12 nesting, spawning, and migration. 

13 (3) That exploration activities, except for sur14 face geological studies, be limited to the period be15 tween approximately November 1 and May 1 each 

16 year and that exploration activities shall be sup17 ported, if necessary, by ice roads, winter trails with 

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

19 transport methods, except that such exploration ac20 tivities may occur at other times if the Secretary 

21 finds that such exploration will have no significant 

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

23 and the environment of the Coastal Plain. 


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1 (4) Design safety and construction standards 

2 for all pipelines and any access and service roads, 

3 that— 

4 (A) minimize, to the maximum extent pos5 sible, adverse effects upon the passage of mi6 gratory species such as caribou; and 

7 (B) minimize adverse effects upon the flow 

8 of surface water by requiring the use of cul9 verts, bridges, and other structural devices. 

10 (5) Prohibitions on general public access and 

11 use on all pipeline access and service roads. 

12 (6) Stringent reclamation and rehabilitation re13 quirements, consistent with the standards set forth 

14 in this title, requiring the removal from the Coastal 

15 Plain of all oil and gas development and production 

16 facilities, structures, and equipment upon completion 

17 of oil and gas production operations, except that the 

18 Secretary may exempt from the requirements of this 

19 paragraph those facilities, structures, or equipment 

20 that the Secretary determines would assist in the 

21 management of the Arctic National Wildlife Refuge 

22 and that are donated to the United States for that 

23 purpose. 

24 (7) Appropriate prohibitions or restrictions on 

25 access by all modes of transportation. 


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1 (8) Appropriate prohibitions or restrictions on 

2 sand and gravel extraction. 

3 (9) Consolidation of facility siting. 

4 (10) Appropriate prohibitions or restrictions on 

5 use of explosives. 

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

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

8 natural surface drainage patterns, wetlands, and ri9 parian habitats; and the regulation of methods or 

10 techniques for developing or transporting adequate 

11 supplies of water for exploratory drilling. 

12 (12) Avoidance or minimization of air traffic-re13 lated disturbance to fish and wildlife. 

14 (13) Treatment and disposal of hazardous and 

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

16 muds and cuttings, and domestic wastewater, includ17 ing an annual waste management report, a haz18 ardous materials tracking system, and a prohibition 

19 on chlorinated solvents, in accordance with applica20 ble Federal and State environmental law. 

21 (14) Fuel storage and oil spill contingency plan22 ning. 

23 (15) Research, monitoring, and reporting re24 quirements. 

25 (16) Field crew environmental briefings. 


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1 (17) Avoidance of significant adverse effects 

2 upon subsistence hunting, fishing, and trapping by 

3 subsistence users. 

4 (18) Compliance with applicable air and water 

5 quality standards. 

6 (19) Appropriate seasonal and safety zone des7 ignations around well sites, within which subsistence 

8 hunting and trapping shall be limited. 

9 (20) Reasonable stipulations for protection of 

10 cultural and archeological resources. 

11 (21) All other protective environmental stipula12 tions, restrictions, terms, and conditions deemed 

13 necessary by the Secretary. 

14 (e) CONSIDERATIONS.—In preparing and promul15 gating regulations, lease terms, conditions, restrictions, 

16 prohibitions, and stipulations under this section, the Sec17 retary shall consider the following: 

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 

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1 ration program under parts 37.31 to 37.33 of title 

2 50, Code of Federal Regulations. 

3 (3) The land use stipulations for exploratory 

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

5 forth in appendix 2 of the August 9, 1983, agree6 ment between Arctic Slope Regional Corporation and 

7 the United States. 

8 (f) FACILITY CONSOLIDATION PLANNING.— 

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

10 providing for public notice and comment, prepare 

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

12 direct the siting and construction of facilities for the 

13 exploration, development, production, and transpor14 tation of Coastal Plain oil and gas resources. 

15 (2) OBJECTIVES.—The plan shall have the fol16 lowing objectives: 

17 (A) Avoiding unnecessary duplication of fa18 cilities and activities. 

19 (B) Encouraging consolidation of common 

20 facilities and activities. 

21 (C) Locating or confining facilities and ac22 tivities to areas that will minimize impact on 

23 fish and wildlife, their habitat, and the environ24 ment. 


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1 (D) Utilizing existing facilities wherever 

2 practicable. 

3 (E) Enhancing compatibility between wild4 life values and development activities. 

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

6 shall— 

7 (1) manage public lands in the Coastal Plain 

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

9 the Alaska National Interest Lands Conservation 

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

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

13 for traditional uses. 

14 SEC. 207. EXPEDITED JUDICIAL REVIEW. 

15 (a) FILING OF COMPLAINT.— 

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

17 complaint seeking judicial review of any provision of 

18 this title or any action of the Secretary under this 

19 title shall be filed— 

20 (A) except as provided in subparagraph 

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

22 date of the action being challenged; or 

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

24 on grounds arising after such period, within 90 

25 days after the complainant knew or reasonably 


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1 should have known of the grounds for the com2 plaint. 

3 (2) VENUE.—Any complaint seeking judicial re4 view of any provision of this title or any action of 

5 the Secretary under this title may be filed only in 

6 the United States Court of Appeals for the District 

7 of Columbia. 

8 (3) LIMITATION ON SCOPE OF CERTAIN RE9 VIEW.—Judicial review of a Secretarial decision to 

10 conduct a lease sale under this title, including the 

11 environmental analysis thereof, shall be limited to 

12 whether the Secretary has complied with the terms 

13 of this title and shall be based upon the administra14 tive record of that decision. The Secretary’s identi15 fication of a preferred course of action to enable 

16 leasing to proceed and the Secretary’s analysis of 

17 environmental effects under this title shall be pre18 sumed to be correct unless shown otherwise by clear 

19 and convincing evidence to the contrary. 

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

21 Secretary with respect to which review could have been 

22 obtained under this section shall not be subject to judicial 

23 review in any civil or criminal proceeding for enforcement. 


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1 SEC. 208. FEDERAL AND STATE DISTRIBUTION OF REVE2 NUES. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, of the amount of adjusted bonus, rental, and 

5 royalty revenues from Federal oil and gas leasing and op6 erations authorized under this title— 

7 (1) 50 percent shall be paid to the State of 

8 Alaska; and 

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

10 balance shall be transferred to the American-Made 

11 Energy Trust Fund. 

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

13 of Alaska under this section shall be made semiannually. 

14 SEC. 209. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 

15 (a) IN GENERAL.—The Secretary shall issue rights16 of-way and easements across the Coastal Plain for the 

17 transportation of oil and gas— 

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

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

20 185), without regard to title XI of the Alaska Na21 tional Interest Lands Conservation Act (30 U.S.C. 

22 3161 et seq.); and 

23 (2) under title XI of the Alaska National Inter24 est Lands Conservation Act (30 U.S.C. 3161 et 

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

26 1111 of that Act (16 U.S.C. 3170 and 3171). 


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

2 include in any right-of-way or easement issued under sub3 section (a) such terms and conditions as may be necessary 

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

5 in a significant adverse effect on the fish and wildlife, sub6 sistence resources, their habitat, and the environment of 

7 the Coastal Plain, including requirements that facilities be 

8 sited or designed so as to avoid unnecessary duplication 

9 of roads and pipelines. 

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

11 regulations under section 202(g) provisions granting 

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

13 of this section. 

14 SEC. 210. CONVEYANCE. 

15 In order to maximize Federal revenues by removing 

16 clouds on title to lands and clarifying land ownership pat17 terns within the Coastal Plain, the Secretary, notwith18 standing the provisions of section 1302(h)(2) of the Alas19 ka National Interest Lands Conservation Act (16 U.S.C. 

20 3192(h)(2)), shall convey— 

21 (1) to the Kaktovik Inupiat Corporation the 

22 surface estate of the lands described in paragraph 1 

23 of Public Land Order 6959, to the extent necessary 

24 to fulfill the Corporation’s entitlement under sec25 tions 12 and 14 of the Alaska Native Claims SettleVerDate Nov 24 2008 03:17 Jun 25, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3009.IH H3009

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1 ment Act (43 U.S.C. 1611 and 1613) in accordance 

2 with the terms and conditions of the Agreement be3 tween the Department of the Interior, the United 

4 States Fish and Wildlife Service, the Bureau of 

5 Land Management, and the Kaktovik Inupiat Cor6 poration effective January 22, 1993; and 

7 (2) to the Arctic Slope Regional Corporation 

8 the remaining subsurface estate to which it is enti9 tled pursuant to the August 9, 1983, agreement be10 tween the Arctic Slope Regional Corporation and the 

11 United States of America. 

12 SEC. 211. LOCAL GOVERNMENT IMPACT AID AND COMMU13 NITY SERVICE ASSISTANCE. 

14 (a) FINANCIAL ASSISTANCE AUTHORIZED.— 

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

16 amounts available from the Coastal Plain Local Gov17 ernment Impact Aid Assistance Fund established by 

18 subsection (d) to provide timely financial assistance 

19 to entities that are eligible under paragraph (2) and 

20 that are directly impacted by the exploration for or 

21 production of oil and gas on the Coastal Plain under 

22 this title. 

23 (2) ELIGIBLE ENTITIES.—The North Slope 

24 Borough, the city of Kaktovik, and any other bor25 ough, municipal subdivision, village, or other comVerDate Nov 24 2008 04:32 Jun 25, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3009.IH H3009

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1 munity in the State of Alaska that is directly im2 pacted by exploration for, or the production of, oil 

3 or gas on the Coastal Plain under this title, as de4 termined by the Secretary, shall be eligible for finan5 cial assistance under this section. 

6 (b) USE OF ASSISTANCE.—Financial assistance 

7 under this section may be used only for— 

8 (1) planning for mitigation of the potential ef9 fects of oil and gas exploration and development on 

10 environmental, social, cultural, recreational, and sub11 sistence values; 

12 (2) implementing mitigation plans and main13 taining mitigation projects; 

14 (3) developing, carrying out, and maintaining 

15 projects and programs that provide new or expanded 

16 public facilities and services to address needs and 

17 problems associated with such effects, including fire18 fighting, police, water, waste treatment, medivac, 

19 and medical services; and 

20 (4) establishment of a coordination office, by 

21 the North Slope Borough, in the city of Kaktovik, 

22 which shall— 

23 (A) coordinate with and advise developers 

24 on local conditions, impact, and history of the 

25 areas utilized for development; and 


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1 (B) provide to the Committee on Natural 

2 Resources of the House of Representatives and 

3 the Committee on Energy and Natural Re4 sources of the Senate an annual report on the 

5 status of coordination between developers and 

6 the communities affected by development. 

7 (c) APPLICATION.— 

8 (1) IN GENERAL.—Any community that is eligi9 ble for assistance under this section may submit an 

10 application for such assistance to the Secretary, in 

11 such form and under such procedures as the Sec12 retary may prescribe by regulation. 

13 (2) NORTH SLOPE BOROUGH COMMUNITIES.—A 

14 community located in the North Slope Borough may 

15 apply for assistance under this section either directly 

16 to the Secretary or through the North Slope Bor17 ough. 

18 (3) APPLICATION ASSISTANCE.—The Secretary 

19 shall work closely with and assist the North Slope 

20 Borough and other communities eligible for assist21 ance under this section in developing and submitting 

22 applications for assistance under this section. 

23 (d) ESTABLISHMENT OF FUND.— 


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

2 Treasury the Coastal Plain Local Government Im3 pact Aid Assistance Fund. 

4 (2) USE.—Amounts in the fund may be used 

5 only for providing financial assistance under this 

6 section. 

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

8 shall be deposited into the fund amounts received by 

9 the United States as revenues derived from rents, 

10 bonuses, and royalties from Federal leases and lease 

11 sales authorized under this title. 

12 (4) LIMITATION ON DEPOSITS.—The total 

13 amount in the fund may not exceed $11,000,000. 

14 (5) INVESTMENT OF BALANCES.—The Sec15 retary of the Treasury shall invest amounts in the 

16 fund in interest bearing government securities. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—To pro18 vide financial assistance under this section there is author19 ized to be appropriated to the Secretary from the Coastal 

20 Plain Local Government Impact Aid Assistance Fund 

21 $5,000,000 for each fiscal year. 


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1 TITLE III—OFFSHORE OIL AND 

2 GAS LEASING 

3 SEC. 301. TERMINATION OF PROHIBITIONS ON EXPENDI4 TURES FOR, AND WITHDRAWALS FROM, OFF5 SHORE LEASING. 

6 (a) PROHIBITIONS ON EXPENDITURES.—All provi7 sions of Federal law that prohibit the expenditure of ap8 propriated funds to conduct oil or natural gas leasing and 

9 preleasing activities for any area of the Outer Continental 

10 Shelf shall have no force or effect with respect to such 

11 activities. 

12 (b) REVOCATION WITHDRAWALS.—All withdrawals 

13 of Federal submerged lands of the Outer Continental Shelf 

14 from leasing, including withdrawals by the President 

15 under the authority of section 12(a) of the Outer Conti16 nental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby 

17 revoked and are no longer in effect with respect to the 

18 leasing of areas for exploration for, and development and 

19 production of, oil and natural gas. 

20 SEC. 302. SHARING OF REVENUES. 

21 (a) IN GENERAL.—Section 8(g) of the Outer Conti22 nental Shelf Lands Act (43 U.S.C. 1337(g)) is amended— 

23 (1) in paragraph (2) by striking ‘‘Notwith24 standing’’ and inserting ‘‘Except as provided in 

25 paragraph (6), and notwithstanding’’; 


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1 (2) by redesignating paragraphs (6) and (7) as 

2 paragraphs (8) and (9); and 

3 (3) by inserting after paragraph (5) the fol4 lowing: 

5 ‘‘(6) BONUS BIDS AND ROYALTIES UNDER

6 QUALIFIED OIL AND GAS LEASES.— 

7 ‘‘(A) NEW OIL AND GAS LEASES.—Of 

8 amounts received by the United States as bonus 

9 bids and royalties under any qualified oil or gas 

10 lease on submerged lands that are located with11 in the seaward boundaries of a State estab12 lished under section 4(a)(2)(A)— 

13 ‘‘(i) 37.5 percent shall be paid to the 

14 States that are producing States with re15 spect to those submerged lands; and 

16 ‘‘(ii) the remainder shall be trans17 ferred to the American-Made Energy Trust 

18 Fund established by the American-Made 

19 Energy Act of 2009. 

20 ‘‘(B) LEASED TRACT THAT LIES PAR21 TIALLY WITHIN THE SEAWARD BOUNDARIES OF

22 A STATE.—In the case of a leased tract that lies 

23 partially within the seaward boundaries of a 

24 State, the amounts of bonus bids and royalties 

25 from such tract that are subject to subparaVerDate Nov 24 2008 03:17 Jun 25, 2009 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3009.IH H3009

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1 graph (A) with respect to such State shall be a 

2 percentage of the total amounts of bonus bids 

3 and royalties from such tract that is equivalent 

4 to the total percentage of surface acreage of the 

5 tract that lies within such seaward boundaries. 

6 ‘‘(C) USE OF PAYMENTS TO STATES.— 

7 Amounts paid to a State under subparagraph 

8 (A)(ii) shall be used by the State for one or 

9 more of the following: 

10 ‘‘(i) Education. 

11 ‘‘(ii) Transportation. 

12 ‘‘(iii) Reducing taxes. 

13 ‘‘(iv) Coastal and environmental res14 toration. 

15 ‘‘(v) Energy infrastructure and 

16 projects. 

17 ‘‘(vi) State seismic monitoring pro18 grams. 

19 ‘‘(vii) Alternative energy development. 

20 ‘‘(viii) Energy efficiency and conserva21 tion. 

22 ‘‘(ix) Hurricane and natural disaster 

23 insurance programs. 

24 ‘‘(x) Any other purpose determined by 

25 State law. 


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1 ‘‘(D) DEFINITIONS.—In this paragraph: 

2 ‘‘(i) ADJACENT STATE.—The term 

3 ‘adjacent State’ means, with respect to any 

4 program, plan, lease sale, leased tract or 

5 other activity, proposed, conducted, or ap6 proved pursuant to the provisions of this 

7 Act, any State the laws of which are de8 clared, pursuant to section 4(a)(2), to be 

9 the law of the United States for the por10 tion of the outer Continental Shelf on 

11 which such program, plan, lease sale, 

12 leased tract, or activity appertains or is, or 

13 is proposed to be, conducted. 

14 ‘‘(ii) ADJACENT ZONE.—The term 

15 ‘adjacent zone’ means, with respect to any 

16 program, plan, lease sale, leased tract, or 

17 other activity, proposed, conducted, or ap18 proved pursuant to the provisions of this 

19 Act, the portion of the outer Continental 

20 Shelf for which the laws of a particular ad21 jacent State are declared, pursuant to sec22 tion 4(a)(2), to be the law of the United 

23 States. 

24 ‘‘(iii) PRODUCING STATE.—The term 

25 ‘producing State’ means an Adjacent State 


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1 having an adjacent zone containing leased 

2 tracts from which are derived bonus bids 

3 and royalties under a lease under this Act. 

4 ‘‘(iv) STATE.—The term ‘State’ in5 cludes Puerto Rico and the other Terri6 tories of the United States. 

7 ‘‘(v) QUALIFIED GAS LEASE.—The 

8 term ‘qualified oil or gas lease’ means a 

9 lease under this Act granted after the date 

10 of the enactment of the National Environ11 ment and Energy Development Act that 

12 authorizes development and production of 

13 oil or natural gas and associated conden14 sate. 

15 ‘‘(E) APPLICATION.—This paragraph shall 

16 apply to bonus bids and royalties received by 

17 the United States after September 30, 2009. 

18 ‘‘(7) MAINTENANCE OF EFFORT BY STATES.— 

19 The Secretary of the Interior shall ensure that fi20 nancial assistance provided to a State for any pur21 pose with amounts made available under this sub22 section supplement, and do not replace, the amounts 

23 expended by the State for that purpose before the 

24 date of the enactment of this paragraph.’’. 


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1 (b) ESTABLISHMENT OF STATE SEAWARD BOUND2 ARIES.—Section 4(a)(2)(A) of the Outer Continental Shelf 

3 Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the 

4 first sentence by striking ‘‘, and the President’’ and all 

5 that follows through the end of the sentence and inserting 

6 the following: ‘‘. Such extended lines are deemed to be as 

7 indicated on the maps for each Outer Continental Shelf 

8 region entitled ‘Alaska OCS Region State Adjacent Zone 

9 and OCS Planning Areas’, ‘Pacific OCS Region State Ad10 jacent Zones and OCS Planning Areas’, ‘Gulf of Mexico 

11 OCS Region State Adjacent Zones and OCS Planning 

12 Areas’, and ‘Atlantic OCS Region State Adjacent Zones 

13 and OCS Planning Areas’, all of which are dated Sep14 tember 2005 and on file in the Office of the Director, Min15 erals Management Service. The preceding sentence shall 

16 not apply with respect to the treatment under section 105 

17 of the Gulf of Mexico Energy Security Act of 2006 (title 

18 I of division C of Public Law 109–432) of qualified outer 

19 Continental Shelf revenues deposited and disbursed under 

20 subsection (a)(2) of that section.’’. 

Æ 


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