(3) LIMITATION
ON
SCOPE
OF
CERTAIN
RE-
VIEW.—Judicial review of a Secretarial decision to 
conduct a lease sale under this Act, including the en-
vironmental analysis thereof, shall be limited to 
whether the Secretary has complied with the terms 
of this Act and shall be based upon the administra-
tive record of that decision. The Secretary’s identi-
fication of a preferred course of action to enable 
leasing to proceed and the Secretary’s analysis of 
environmental effects under this Act shall be pre-
sumed to be correct unless shown otherwise by clear 
and convincing evidence to the contrary. 
(b) LIMITATION ON OTHER REVIEW.—Actions of the 
Secretary with respect to which review could have been 
obtained under this section shall not be subject to judicial 
review in any civil or criminal proceeding for enforcement. 
SEC. 9. TREATMENT OF REVENUES. 
Notwithstanding any other provision of law, 50 per-
cent of the amount of bonus, rental, and royalty revenues 
from Federal oil and gas leasing and operations author-
ized under this Act shall be deposited in the ANWR Alter-
native Energy Trust Fund established by section 12. 
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SEC. 10. 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 (16 U.S.C. 
3161 et seq.); and 
(2) under title XI of the Alaska National Inter-
est Lands Conservation Act (16 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 3(g) provisions granting rights- 
of-way and easements described in subsection (a) of this 
section. 
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SEC. 11. 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 the provisions of section 1302(h)(2) of the Alas-
ka National Interest 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. 12. ANWR ALTERNATIVE ENERGY TRUST FUND. 
(a) ESTABLISHMENT OF TRUST FUND.—There is es-
tablished in the Treasury of the United States a trust fund 
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to be known as the ‘‘ANWR Alternative Energy Trust 
Fund’’, consisting of such amounts as may be transferred 
to the ANWR Alternative Energy Trust Fund as provided 
in section 9. 
(b) EXPENDITURES FROM ANWR ALTERNATIVE 
ENERGY TRUST FUND.— 
(1) IN GENERAL.—Amounts in the ANWR Al-
ternative Energy Trust Fund shall be available with-
out further appropriation to carry out specified pro-
visions of the Energy Policy Act of 2005 (Public 
Law 109–58; in this section referred to as 
‘‘EPAct2005’’) and the Energy Independence and 
Security Act of 2007 (Public Law 110–140; in this 
section referred to as ‘‘EISAct2007’’), as follows: 
To carry out the provisions of: 
The following 
percentage of 
annual receipts to 
the ANWR Alternative 
Energy Trust Fund, 
but not to exceed 
the limit on amount 
authorized, if any: 
EPAct2005: 
Section 210 .......................................
1.5 percent
Section 242 .......................................
1.0 percent
Section 369 .......................................
2.0 percent
Section 401 .......................................
6.0 percent
Section 812 .......................................
6.0 percent
Section 931 .......................................
19.0 percent
Section 942 .......................................
1.5 percent
Section 962 .......................................
3.0 percent
Section 968 .......................................
1.5 percent
Section 1704 .....................................
6.0 percent
EISAct2007: 
Section 207 .......................................
15.0 percent
Section 607 .......................................
1.5 percent
Title VI, Subtitle B ...........................
3.0 percent
Title VI, Subtitle C ...........................
1.5 percent
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To carry out the provisions of: 
The following 
percentage of 
annual receipts to 
the ANWR Alternative 
Energy Trust Fund, 
but not to exceed 
the limit on amount 
authorized, if any: 
Section 641 .......................................
9.0 percent
Title VII, Subtitle A ..........................
15.0 percent
Section 1112 .....................................
1.5 percent
Section 1304 .....................................
6.0 percent. 
(2) APPORTIONMENT
OF
EXCESS
AMOUNT.— 
Notwithstanding paragraph (1), any amounts allo-
cated under paragraph (1) that are in excess of the 
amounts authorized in the applicable cited section or 
subtitle of EPAct2005 and EISAct2007 shall be re-
allocated to the remaining sections and subtitles 
cited in paragraph (1), up to the amounts otherwise 
authorized by law to carry out such sections and 
subtitles, in proportion to the amounts authorized by 
law to be appropriated for such other sections and 
subtitles. 
Æ 
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