should have known of the grounds for the com-
plaint. 
(2) VENUE.—Any complaint seeking judicial re-
view of any provision of this title or any action of 
the Secretary under this title may be filed only in 
the United States Court of Appeals for the District 
of Columbia. 
(3) LIMITATION
ON
SCOPE
OF
CERTAIN
RE-
VIEW.—Judicial review of a Secretarial decision to 
conduct a lease sale under this title, including the 
environmental analysis thereof, shall be limited to 
whether the Secretary has complied with the terms 
of this title 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 title 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. 
VerDate Nov 24 2008 
03:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3009.IH
H3009
wwoods2 on PRODPC68 with BILLS
SEC. 208. 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 title— 
(1) 50 percent shall be paid to the State of 
Alaska; and 
(2) except as provided in section 211(d), the 
balance shall be transferred to the American-Made 
Energy Trust Fund. 
(b) PAYMENTS TO ALASKA.—Payments to the State 
of Alaska under this section shall be made semiannually. 
SEC. 209. 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). 
VerDate Nov 24 2008 
03:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3009.IH
H3009
wwoods2 on PRODPC68 with BILLS
(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 202(g) provisions granting 
rights-of-way and easements described in subsection (a) 
of this section. 
SEC. 210. 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-
VerDate Nov 24 2008 
03:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3009.IH
H3009
wwoods2 on PRODPC68 with BILLS
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. 211. LOCAL GOVERNMENT IMPACT AID AND COMMU-
NITY SERVICE ASSISTANCE. 
(a) FINANCIAL ASSISTANCE AUTHORIZED.— 
(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 title. 
(2) ELIGIBLE
ENTITIES.—The North Slope 
Borough, the city of Kaktovik, and any other bor-
ough, municipal subdivision, village, or other com-
VerDate Nov 24 2008 
04:32 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3009.IH
H3009
wwoods2 on PRODPC68 with BILLS
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 title, as de-
termined by the Secretary, shall be eligible for finan-
cial 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; 
(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 
VerDate Nov 24 2008 
04:32 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3009.IH
H3009
wwoods2 on PRODPC68 with BILLS
(1) IN GENERAL.—There is established in the 
Treasury the Coastal Plain Local Government Im-
pact Aid Assistance Fund. 
(2) USE.—Amounts in the fund may be used 
only for providing financial assistance under this 
section. 
(3) DEPOSITS.—Subject to paragraph (4), there 
shall be deposited into the fund amounts received by 
the United States as revenues derived from rents, 
bonuses, and royalties from Federal leases and lease 
sales authorized under this title. 
(4) LIMITATION
ON
DEPOSITS.—The total 
amount in the fund may not exceed $11,000,000. 
(5) INVESTMENT
OF
BALANCES.—The Sec-
retary of the Treasury shall invest amounts in the 
fund in interest bearing government securities. 
(e) AUTHORIZATION OF APPROPRIATIONS.—To pro-
vide financial assistance under this section there is author-
ized to be appropriated to the Secretary from the Coastal 
Plain Local Government Impact Aid Assistance Fund 
$5,000,000 for each fiscal year. 
VerDate Nov 24 2008 
03:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3009.IH
H3009
wwoods2 on PRODPC68 with BILLS
TITLE III—OFFSHORE OIL AND 
GAS LEASING 
SEC. 301. TERMINATION OF PROHIBITIONS ON EXPENDI-
TURES FOR, AND WITHDRAWALS FROM, OFF-
SHORE LEASING. 
(a) PROHIBITIONS ON EXPENDITURES.—All provi-
sions of Federal law that prohibit the expenditure of ap-
propriated funds to conduct oil or natural gas leasing and 
preleasing activities for any area of the Outer Continental 
Shelf shall have no force or effect with respect to such 
activities. 
(b) REVOCATION WITHDRAWALS.—All withdrawals 
of Federal submerged lands of the Outer Continental Shelf 
from leasing, including withdrawals by the President 
under the authority of section 12(a) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby 
revoked and are no longer in effect with respect to the 
leasing of areas for exploration for, and development and 
production of, oil and natural gas. 
SEC. 302. SHARING OF REVENUES. 
(a) IN GENERAL.—Section 8(g) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1337(g)) is amended— 
(1) in paragraph (2) by striking ‘‘Notwith-
standing’’ and inserting ‘‘Except as provided in 
paragraph (6), and notwithstanding’’; 
VerDate Nov 24 2008 
03:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3009.IH
H3009
wwoods2 on PRODPC68 with BILLS
(2) by redesignating paragraphs (6) and (7) as 
paragraphs (8) and (9); and 
(3) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) BONUS
BIDS
AND
ROYALTIES
UNDER 
QUALIFIED OIL AND GAS LEASES.— 
‘‘(A) NEW
OIL
AND
GAS
LEASES.—Of 
amounts received by the United States as bonus 
bids and royalties under any qualified oil or gas 
lease on submerged lands that are located with-
in the seaward boundaries of a State estab-
lished under section 4(a)(2)(A)— 
‘‘(i) 37.5 percent shall be paid to the 
States that are producing States with re-
spect to those submerged lands; and 
‘‘(ii) the remainder shall be trans-
ferred to the American-Made Energy Trust 
Fund established by the American-Made 
Energy Act of 2009. 
‘‘(B) LEASED
TRACT
THAT
LIES
PAR-
TIALLY WITHIN THE SEAWARD BOUNDARIES OF 
A STATE.—In the case of a leased tract that lies 
partially within the seaward boundaries of a 
State, the amounts of bonus bids and royalties 
from such tract that are subject to subpara-
VerDate Nov 24 2008 
03:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3009.IH
H3009
wwoods2 on PRODPC68 with BILLS
graph (A) with respect to such State shall be a 
percentage of the total amounts of bonus bids 
and royalties from such tract that is equivalent 
to the total percentage of surface acreage of the 
tract that lies within such seaward boundaries. 
‘‘(C) USE
OF
PAYMENTS
TO
STATES.— 
Amounts paid to a State under subparagraph 
(A)(ii) shall be used by the State for one or 
more of the following: 
‘‘(i) Education. 
‘‘(ii) Transportation. 
‘‘(iii) Reducing taxes. 
‘‘(iv) Coastal and environmental res-
toration. 
‘‘(v) 
Energy 
infrastructure 
and 
projects. 
‘‘(vi) State seismic monitoring pro-
grams. 
‘‘(vii) Alternative energy development. 
‘‘(viii) Energy efficiency and conserva-
tion. 
‘‘(ix) Hurricane and natural disaster 
insurance programs. 
‘‘(x) Any other purpose determined by 
State law. 
VerDate Nov 24 2008 
03:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3009.IH
H3009
wwoods2 on PRODPC68 with BILLS
‘‘(D) DEFINITIONS.—In this paragraph: 
‘‘(i) ADJACENT
STATE.—The term 
‘adjacent State’ means, with respect to any 
program, plan, lease sale, leased tract or 
other activity, proposed, conducted, or ap-
proved pursuant to the provisions of this 
Act, any State the laws of which are de-
clared, pursuant to section 4(a)(2), to be 
the law of the United States for the por-
tion of the outer Continental Shelf on 
which such program, plan, lease sale, 
leased tract, or activity appertains or is, or 
is proposed to be, conducted. 
‘‘(ii) ADJACENT
ZONE.—The term 
‘adjacent zone’ means, with respect to any 
program, plan, lease sale, leased tract, or 
other activity, proposed, conducted, or ap-
proved pursuant to the provisions of this 
Act, the portion of the outer Continental 
Shelf for which the laws of a particular ad-
jacent State are declared, pursuant to sec-
tion 4(a)(2), to be the law of the United 
States. 
‘‘(iii) PRODUCING STATE.—The term 
‘producing State’ means an Adjacent State 
VerDate Nov 24 2008 
03:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3009.IH
H3009
wwoods2 on PRODPC68 with BILLS
having an adjacent zone containing leased 
tracts from which are derived bonus bids 
and royalties under a lease under this Act. 
‘‘(iv) STATE.—The term ‘State’ in-
cludes Puerto Rico and the other Terri-
tories of the United States. 
‘‘(v) QUALIFIED
GAS
LEASE.—The 
term ‘qualified oil or gas lease’ means a 
lease under this Act granted after the date 
of the enactment of the National Environ-
ment and Energy Development Act that 
authorizes development and production of 
oil or natural gas and associated conden-
sate. 
‘‘(E) APPLICATION.—This paragraph shall 
apply to bonus bids and royalties received by 
the United States after September 30, 2009. 
‘‘(7) MAINTENANCE OF EFFORT BY STATES.— 
The Secretary of the Interior shall ensure that fi-
nancial assistance provided to a State for any pur-
pose with amounts made available under this sub-
section supplement, and do not replace, the amounts 
expended by the State for that purpose before the 
date of the enactment of this paragraph.’’. 
VerDate Nov 24 2008 
03:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3009.IH
H3009
wwoods2 on PRODPC68 with BILLS
(b) ESTABLISHMENT OF STATE SEAWARD BOUND-
ARIES.—Section 4(a)(2)(A) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the 
first sentence by striking ‘‘, and the President’’ and all 
that follows through the end of the sentence and inserting 
the following: ‘‘. Such extended lines are deemed to be as 
indicated on the maps for each Outer Continental Shelf 
region entitled ‘Alaska OCS Region State Adjacent Zone 
and OCS Planning Areas’, ‘Pacific OCS Region State Ad-
jacent Zones and OCS Planning Areas’, ‘Gulf of Mexico 
OCS Region State Adjacent Zones and OCS Planning 
Areas’, and ‘Atlantic OCS Region State Adjacent Zones 
and OCS Planning Areas’, all of which are dated Sep-
tember 2005 and on file in the Office of the Director, Min-
erals Management Service. The preceding sentence shall 
not apply with respect to the treatment under section 105 
of the Gulf of Mexico Energy Security Act of 2006 (title 
I of division C of Public Law 109–432) of qualified outer 
Continental Shelf revenues deposited and disbursed under 
subsection (a)(2) of that section.’’. 
Æ 
VerDate Nov 24 2008 
03:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6301
E:\BILLS\H3009.IH
H3009
wwoods2 on PRODPC68 with BILLS