(6) Appropriate prohibitions or restrictions on 
access by all modes of transportation. 
(7) Appropriate prohibitions or restrictions on 
sand and gravel extraction. 
(8) Consolidation of facility siting. 
(9) Appropriate prohibitions or restrictions on 
use of explosives. 
(10) Avoidance, to the extent practicable, of 
springs, streams, and river system; the protection of 
natural surface drainage patterns, wetlands, and ri-
parian habitats; and the regulation of methods or 
techniques for developing or transporting adequate 
supplies of water for exploratory drilling. 
(11) Avoidance or minimization of air traffic-re-
lated disturbance to fish and wildlife. 
(12) Treatment and disposal of hazardous and 
toxic wastes, solid wastes, reserve pit fluids, drilling 
muds and cuttings, and domestic wastewater, includ-
ing an annual waste management report, a haz-
ardous materials tracking system, and a prohibition 
on chlorinated solvents, in accordance with applica-
ble Federal and State environmental law. 
(13) Fuel storage and oil spill contingency plan-
ning. 
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(14) Research, monitoring, and reporting re-
quirements. 
(15) Field crew environmental briefings. 
(16) Avoidance of significant adverse effects 
upon subsistence hunting, fishing, and trapping by 
subsistence users. 
(17) Compliance with applicable air and water 
quality standards. 
(18) Appropriate seasonal and safety zone des-
ignations around well sites, within which subsistence 
hunting and trapping shall be limited. 
(19) Reasonable stipulations for protection of 
cultural and archeological resources. 
(20) All other protective environmental stipula-
tions, restrictions, terms, and conditions deemed 
necessary by the Secretary. 
(e) CONSIDERATIONS.—In preparing and promul-
gating regulations, lease terms, conditions, restrictions, 
prohibitions, and stipulations under this section, the Sec-
retary shall consider the following: 
(1) The stipulations and conditions that govern 
the National Petroleum Reserve—Alaska leasing 
program, as set forth in the 1999 Northeast Na-
tional Petroleum Reserve—Alaska Final Integrated 
Activity Plan/Environmental Impact Statement. 
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(2) The environmental protection standards 
that governed the initial Coastal Plain seismic explo-
ration program under parts 37.31 to 37.33 of title 
50, Code of Federal Regulations. 
(3) The land use stipulations for exploratory 
drilling on the KIC–ASRC private lands that are set 
forth in Appendix 2 of the August 9, 1983, agree-
ment between Arctic Slope Regional Corporation and 
the United States. 
(f) FACILITY CONSOLIDATION PLANNING.— 
(1) IN GENERAL.—The Secretary shall, after 
providing for public notice and comment, prepare 
and update periodically a plan to govern, guide, and 
direct the siting and construction of facilities for the 
exploration, development, production, and transpor-
tation of Coastal Plain oil and gas resources. 
(2) OBJECTIVES.—The plan shall have the fol-
lowing objectives: 
(A) Avoiding unnecessary duplication of fa-
cilities and activities. 
(B) Encouraging consolidation of common 
facilities and activities. 
(C) Locating or confining facilities and ac-
tivities to areas that will minimize impact on 
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fish and wildlife, their habitat, and the environ-
ment. 
(D) Utilizing existing facilities wherever 
practicable. 
(E) Enhancing compatibility between wild-
life values and development activities. 
(g) ACCESS
TO PUBLIC LANDS.—The Secretary 
shall— 
(1) manage public lands in the Coastal Plain 
subject to subsections (a) and (b) of section 811 of 
the Alaska National Interest Lands Conservation 
Act (16 U.S.C. 3121); and 
(2) ensure that local residents shall have rea-
sonable access to public lands in the Coastal Plain 
for traditional uses. 
SEC. 227. EXPEDITED JUDICIAL REVIEW. 
(a) FILING OF COMPLAINT.— 
(1) DEADLINE.—Subject to paragraph (2), any 
complaint seeking judicial review of any provision of 
this Act or any action of the Secretary under this 
subtitle shall be filed— 
(A) except as provided in subparagraph 
(B), within the 90-day period beginning on the 
date of the action being challenged; or 
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(B) in the case of a complaint based solely 
on grounds arising after such period, within 90 
days after the complainant knew or reasonably 
should have known of the grounds for the com-
plaint. 
(2) VENUE.—Any complaint seeking judicial re-
view of any provision of this subtitle or any action 
of the Secretary under this subtitle may be filed only 
in the United States Court of Appeals for the Dis-
trict of Columbia. 
(3) LIMITATION
ON
SCOPE
OF
CERTAIN
RE-
VIEW.—Judicial review of a Secretarial decision to 
conduct a lease sale under this subtitle, including 
the environmental analysis thereof, shall be limited 
to whether the Secretary has complied with the 
terms of this subtitle and shall be based upon the 
administrative record of that decision. The Sec-
retary’s identification of a preferred course of action 
to enable leasing to proceed and the Secretary’s 
analysis of environmental effects under this subtitle 
shall be presumed to be correct unless shown other-
wise by clear and convincing evidence to the con-
trary. 
(b) LIMITATION ON OTHER REVIEW.—Actions of the 
Secretary with respect to which review could have been 
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obtained under this section shall not be subject to judicial 
review in any civil or criminal proceeding for enforcement. 
SEC. 228. FEDERAL AND STATE DISTRIBUTION OF REVE-
NUES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, of the amount of adjusted bonus, rental, and 
royalty revenues from Federal oil and gas leasing and op-
erations authorized under this subtitle— 
(1) 45 percent shall be paid to the State of 
Alaska; 
(2) 50 percent shall be deposited into the En-
ergy VISION Fund established by section 201; 
(3) 5 percent shall be deposited into a separate 
account in the Treasury which shall be available to 
the Secretary of the Interior and the Administrator 
of the Environmental Protection Agency to mitigate 
for any environmental damage that occurs as a re-
sult of extraction activities authorized under this 
subtitle, regardless of whether the damage is— 
(A) reasonable foreseeable; or 
(B) caused by negligence, natural disas-
ters, or other acts. 
(b) PAYMENTS TO ALASKA.—Payments to the State 
of Alaska under this section shall be made semiannually. 
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SEC. 229. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 
(a) IN GENERAL.—The Secretary shall issue rights- 
of-way and easements across the Coastal Plain for the 
transportation of oil and gas— 
(1) except as provided in paragraph (2), under 
section 28 of the Mineral Leasing Act (30 U.S.C. 
185), without regard to title XI of the Alaska Na-
tional Interest Lands Conservation Act (30 U.S.C. 
3161 et seq.); and 
(2) under title XI of the Alaska National Inter-
est Lands Conservation Act (30 U.S.C. 3161 et 
seq.), for access authorized by sections 1110 and 
1111 of that Act (16 U.S.C. 3170 and 3171). 
(b) TERMS AND CONDITIONS.—The Secretary shall 
include in any right-of-way or easement issued under sub-
section (a) such terms and conditions as may be necessary 
to ensure that transportation of oil and gas does not result 
in a significant adverse effect on the fish and wildlife, sub-
sistence resources, their habitat, and the environment of 
the Coastal Plain, including requirements that facilities be 
sited or designed so as to avoid unnecessary duplication 
of roads and pipelines. 
(c) REGULATIONS.—The Secretary shall include in 
regulations under section 2(g) provisions granting rights- 
of-way and easements described in subsection (a) of this 
section. 
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SEC. 230. CONVEYANCE. 
In order to maximize Federal revenues by removing 
clouds on title to lands and clarifying land ownership pat-
terns within the Coastal Plain, the Secretary, notwith-
standing section 1302(h)(2) of the Alaska National Inter-
est Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 
convey— 
(1) to the Kaktovik Inupiat Corporation the 
surface estate of the lands described in paragraph 1 
of Public Land Order 6959, to the extent necessary 
to fulfill the Corporation’s entitlement under sec-
tions 12 and 14 of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1611 and 1613) in accordance 
with the terms and conditions of the Agreement be-
tween the Department of the Interior, the United 
States Fish and Wildlife Service, the Bureau of 
Land Management, and the Kaktovik Inupiat Cor-
poration effective January 22, 1993; and 
(2) to the Arctic Slope Regional Corporation 
the remaining subsurface estate to which it is enti-
tled pursuant to the August 9, 1983, agreement be-
tween the Arctic Slope Regional Corporation and the 
United States of America. 
SEC. 231. LOCAL GOVERNMENT IMPACT AID AND COMMU-
NITY SERVICE ASSISTANCE. 
(a) FINANCIAL ASSISTANCE AUTHORIZED.— 
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(1) IN
GENERAL.—The Secretary may use 
amounts available from the Coastal Plain Local Gov-
ernment Impact Aid Assistance Fund established by 
subsection (d) to provide timely financial assistance 
to entities that are eligible under paragraph (2) and 
that are directly impacted by the exploration for or 
production of oil and gas on the Coastal Plain under 
this subtitle. 
(2) ELIGIBLE
ENTITIES.—The North Slope 
Borough, the City of Kaktovik, and any other bor-
ough, municipal subdivision, village, or other com-
munity in the State of Alaska that is directly im-
pacted by exploration for, or the production of, oil 
or gas on the Coastal Plain under this Act, as deter-
mined by the Secretary, shall be eligible for financial 
assistance under this section. 
(b) USE
OF
ASSISTANCE.—Financial assistance 
under this section may be used only for— 
(1) planning for mitigation of the potential ef-
fects of oil and gas exploration and development on 
environmental, social, cultural, recreational, and sub-
sistence values; 
(2) implementing mitigation plans and main-
taining mitigation projects; 
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(3) developing, carrying out, and maintaining 
projects and programs that provide new or expanded 
public facilities and services to address needs and 
problems associated with such effects, including fire- 
fighting, police, water, waste treatment, medivac, 
and medical services; and 
(4) establishment of a coordination office, by 
the North Slope Borough, in the City of Kaktovik, 
which shall— 
(A) coordinate with and advise developers 
on local conditions, impact, and history of the 
areas utilized for development; and 
(B) provide to the Committee on Natural 
Resources of the House of Representatives and 
the Committee on Energy and Natural Re-
sources of the Senate an annual report on the 
status of coordination between developers and 
the communities affected by development. 
(c) APPLICATION.— 
(1) IN GENERAL.—Any community that is eligi-
ble for assistance under this section may submit an 
application for such assistance to the Secretary, in 
such form and under such procedures as the Sec-
retary may prescribe by regulation. 
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(2) NORTH SLOPE BOROUGH COMMUNITIES.—A 
community located in the North Slope Borough may 
apply for assistance under this section either directly 
to the Secretary or through the North Slope Bor-
ough 
(3) APPLICATION ASSISTANCE.—The Secretary 
shall work closely with and assist the North Slope 
Borough and other communities eligible for assist-
ance under this section in developing and submitting 
applications for assistance under this section. 
Subtitle C—Nuclear Energy 
SEC. 241. SHORT TITLE. 
This subtitle may be cited as the ‘‘Declaring a 
Change in our Operating System for the Promotion of Nu-
clear Energy Act’’. 
SEC. 242. HEARINGS UNDER ATOMIC ENERGY ACT OF 1954. 
(a) Section 189 a.(1)(A) of the Atomic Energy Act 
of 1954 (42 U.S.C. 2239(a)(1)(A)) is amended by— 
(1) in the second sentence— 
(A) deleting that portion of the sentence 
that begins with ‘‘The Commission’’ and ends 
with ‘‘Federal Register, on’’ and inserting 
‘‘On’’; 
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(B) inserting ‘‘or an operating license’’ 
after ‘‘construction permit’’ each time ‘‘con-
struction permit’’ is used in the sentence; and 
(C) deleting the period at the end of the 
sentence; and 
(2) in the third sentence— 
(A) deleting that portion of the sentence 
that beings with ‘‘In cases’’ and ends with 
‘‘such a hearing’’; 
(B) deleting ‘‘therefor’’ and inserting ‘‘for 
a hearing’’; and 
(C) deleting ‘‘issue an operating license’’ 
and inserting ‘‘issue a construction permit, an 
operating license,’’. 
(b) Section 189 of the Atomic Energy Act of 1954 
(42 U.S.C. 2239) is further amended by— 
(1) in the second sentence of subsection 
a.(2)(A) (42 U.S.C. 2239(a)(2)(A)), deleting ‘‘re-
quired hearing’’ and inserting ‘‘hearing held by the 
Commission under this section’’; and 
(2) in subsection b. (42 U.S.C. 2239(b)), revis-
ing paragraph (2) by deleting ‘‘to begin operating’’ 
and inserting ‘‘to operate’’. 
(c) The first sentence of subsection b. of section 185 
of the Atomic Energy Act of 1954 (42 U.S.C. 2235(b)) 
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is amended by deleting ‘‘After holding a public hearing 
under section 189 a.(1)(A),’’ and inserting ‘‘After holding 
a hearing under section 189 a.(1)(A), or if the Commis-
sion has determined that no hearing is required to be held 
under section 189 a.(1)(A),’’. 
(d) Section 193(b) of the Atomic Energy Act of 1954 
(42 U.S.C. 2243(b)) is amended by— 
(1) in paragraph (1), deleting ‘‘on the record 
with regard to the licensing of the construction and 
operation of a uranium enrichment facility under 
sections 53 and 63’’ and inserting ‘‘, if a person 
whose interest may be affected by the construction 
and operation of a uranium enrichment facility 
under sections 53 and 63 has requested a hearing 
regarding the licensing of the construction and oper-
ation of the facility’’; and 
(2) in paragraph (2), deleting ‘‘Such hearing’’ 
and inserting, ‘‘If a hearing is held under paragraph 
(1), the hearing’’. 
(e) The amendments in this section shall apply to all 
applications and proceedings pending before the Commis-
sion on or after the date of enactment of this section. 
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Subtitle D—Coal-To-Liquids 
SEC. 251. STANDBY LOANS FOR QUALIFYING COAL-TO-LIQ-
UIDS PROJECTS. 
Section 1702 of the Energy Policy Act of 2005 (42 
U.S.C. 16512) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(k) STANDBY
LOANS
FOR
QUALIFYING
CTL 
PROJECTS.— 
‘‘(1) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) CAP
PRICE.—The term ‘cap price’ 
means a market price specified in the standby 
loan agreement above which the project is re-
quired to make payments to the United States. 
‘‘(B) FULL TERM.—The term ‘full term’ 
means the full term of a standby loan agree-
ment, as specified in the agreement, which shall 
not exceed the lesser of 30 years or 90 percent 
of the projected useful life of the project (as de-
termined by the Secretary). 
‘‘(C) MARKET PRICE.—The term ‘market 
price’ means the average quarterly price of a 
petroleum price index specified in the standby 
loan agreement. 
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‘‘(D) MINIMUM
PRICE.—The term ‘min-
imum price’ means a market price specified in 
the standby loan agreement below which the 
United States is obligated to make disburse-
ments to the project. 
‘‘(E) OUTPUT.—The term ‘output’ means 
some or all of the liquid or gaseous transpor-
tation fuels produced from the project, as speci-
fied in the loan agreement. 
‘‘(F) PRIMARY TERM.—The term ‘primary 
term’ means the initial term of a standby loan 
agreement, as specified in the agreement, which 
shall not exceed the lesser of 20 years or 75 
percent of the projected useful life of the 
project (as determined by the Secretary). 
‘‘(G) QUALIFYING
CTL
PROJECT.—The 
term ‘qualifying CTL project’ means— 
‘‘(i) a commercial-scale project that 
converts coal to one or more liquid or gas-
eous transportation fuels; or 
‘‘(ii) not more than one project at a 
facility that converts petroleum refinery 
waste products, including petroleum coke, 
into one or more liquids or gaseous trans-
portation fuels, 
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that demonstrates the capture, and sequestra-
tion or disposal or use of, the carbon dioxide 
produced in the conversion process, and that, 
on the basis of a carbon dioxide sequestration 
plan prepared by the applicant, is certified by 
the Administrator of the Environmental Protec-
tion Agency, in consultation with the Secretary, 
as producing fuel with life cycle carbon dioxide 
emissions at or below the average life cycle car-
bon dioxide emissions for the same type of fuel 
produced at traditional petroleum based facili-
ties with similar annual capacities. 
‘‘(H) STANDBY
LOAN
AGREEMENT.—The 
term ‘standby loan agreement’ means a loan 
agreement entered into under paragraph (2). 
‘‘(2) STANDBY LOANS.— 
‘‘(A) LOAN
AUTHORITY.—The Secretary 
may enter into standby loan agreements with 
not more than six qualifying CTL projects, at 
least one of which shall be a project jointly or 
in part owned by two or more small coal pro-
ducers. Such an agreement— 
‘‘(i) shall provide that the Secretary 
will make a direct loan (within the mean-
ing of section 502(1) of the Federal Credit 
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Any unpaid obligations will continue to ac-
crue interest. 
‘‘(ii) If in any calendar quarter during 
the primary term of the agreement the 
market price is greater than the cap price, 
the project shall meet its scheduled repay-
ment obligation plus deferred repayment 
obligations, but shall not be required to 
pay in that quarter an amount that is 
more than the excess of the market price 
over the cap price, times the output of the 
project. 
‘‘(iii) At the end of the primary term 
of the agreement, the cumulative amount 
of any deferred repayment obligations, to-
gether with accrued interest, shall be am-
ortized (with interest) over the remainder 
of the full term of the agreement. 
‘‘(3) PROFIT-SHARING.—The Secretary is au-
thorized to enter into a profit-sharing agreement 
with the project at the time the standby loan agree-
ment is executed. Under such an agreement, if the 
market price exceeds the cap price in a calendar 
quarter, a profit-sharing payment shall be made for 
that quarter, in an amount equal to— 
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‘‘(A) the excess of the market price over 
the cap price, times the output of the project; 
less 
‘‘(B) any loan repayments made for the 
calendar quarter. 
‘‘(4) COMPLIANCE WITH FEDERAL CREDIT RE-
FORM ACT.— 
‘‘(A) UPFRONT
PAYMENT
OF
COST
OF 
LOAN.—No standby loan agreement may be en-
tered into under this subsection unless the 
project makes a payment to the United States 
that the Office of Management and Budget de-
termines is equal to the cost of such loan (de-
termined under 502(5)(B) of the Federal Credit 
Reform Act of 1990). Such payment shall be 
made at the time the standby loan agreement is 
executed. 
‘‘(B) MINIMIZATION OF RISK TO THE GOV-
ERNMENT.—In making the determination of the 
cost of the loan for purposes of setting the pay-
ment for a standby loan under subparagraph 
(A), the Secretary and the Office of Manage-
ment and Budget shall take into consideration 
the extent to which the minimum price and the 
cap price reflect historical patterns of volatility 
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in actual oil prices relative to projections of fu-
ture oil prices, based upon publicly available 
data from the Energy Information Administra-
tion, and employing statistical methods and 
analyses that are appropriate for the analysis of 
volatility in energy prices. 
‘‘(C) TREATMENT
OF
PAYMENTS.—The 
value to the United States of a payment under 
subparagraph (A) and any profit-sharing pay-
ments under paragraph (3) shall be taken into 
account for purposes of section 502(5)(B)(iii) of 
the Federal Credit Reform Act of 1990 in de-
termining the cost to the Federal Government 
of a standby loan made under this subsection. 
If a standby loan has no cost to the Federal 
Government, the requirements of section 504(b) 
of such Act shall be deemed to be satisfied. 
‘‘(5) OTHER PROVISIONS.— 
‘‘(A) NO DOUBLE BENEFIT.—A project re-
ceiving a loan under this subsection may not, 
during the primary term of the loan agreement, 
receive a Federal loan guarantee under sub-
section (a) of this section, or under other laws. 
‘‘(B) 
SUBROGATION, 
ETC.—Subsections 
(g)(2) (relating to subrogation), (h) (relating to 
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fees), and (j) (relating to full faith and credit) 
shall apply to standby loans under this sub-
section to the same extent they apply to loan 
guarantees.’’. 
Æ 
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