I 
111TH CONGRESS 
1ST SESSION H. R. 1431 
To stimulate the economy and create jobs at no cost to the taxpayers, 
and without borrowing money from foreign governments for which our 
children and grandchildren will be responsible, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2009 
Mr. BISHOP of Utah (for himself, Mr. SHADEGG, Mr. SULLIVAN, Mr. 
BOOZMAN, Mr. JORDAN of Ohio, Mr. GOHMERT, Mr. BURGESS, Mr. 
FRANKS of Arizona, Mr. AKIN, Mr. MCHENRY, Mr. LEWIS of California, 
Ms. FOXX, Mr. HERGER, Mr. BOUSTANY, Mr. PITTS, Mrs. MYRICK, Mr. 
BROUN of Georgia, Mr. RADANOVICH, Mrs. MCMORRIS RODGERS, Mr. 
MCCARTHY of California, Mr. FLEMING, Mr. LATTA, Mr. YOUNG of Alas-
ka, Mr. LAMBORN, Mr. BACHUS, Mr. NEUGEBAUER, and Mr. 
MCCOTTER) introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committees on the 
Judiciary, Energy and Commerce, and Science and Technology, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To stimulate the economy and create jobs at no cost to 
the taxpayers, and without borrowing money from foreign 
governments for which our children and grandchildren 
will be responsible, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘No Cost Stimulus Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—OUTER CONTINENTAL SHELF LEASING 
Sec. 101. Leasing program considered approved. 
Sec. 102. Lease sales. 
Sec. 103. Coastal Impact assistance program amendments. 
Sec. 104. Seaward boundaries of States. 
TITLE II—LEASING PROGRAM FOR LAND WITHIN COASTAL PLAIN 
Sec. 201. Definitions. 
Sec. 202. Leasing program for land 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. 
Sec. 212. ANWR Alternative Energy Trust Fund. 
TITLE III—REGULATORY STREAMLINING 
Sec. 301. Commercial leasing program for oil shale resources on public land. 
Sec. 302. Licensing of new nuclear power plants. 
Sec. 303. Jurisdiction over covered energy projects. 
Sec. 304. Environmental impact statements. 
Sec. 305. Clean air regulation. 
Sec. 306. Endangered species. 
TITLE I—OUTER CONTINENTAL 
SHELF LEASING 
SEC. 101. LEASING PROGRAM CONSIDERED APPROVED. 
(a) IN GENERAL.—The Draft Proposed Outer Conti-
nental Shelf Oil and Gas Leasing Program 2010–2015 
issued by the Secretary of the Interior (referred to in this 
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section as the ‘‘Secretary’’) under section 18 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1344) is consid-
ered to have been approved by the Secretary as a final 
oil and gas leasing program under that section. 
(b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 
The Secretary is considered to have issued a final environ-
mental impact statement for the program described in 
subsection (a) in accordance with all requirements under 
section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)). 
SEC. 102. LEASE SALES. 
(a) OUTER CONTINENTAL SHELF.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 30 days after the date of 
enactment of this Act and every 270 days thereafter, 
the Secretary of the Interior (referred to in this sec-
tion as the ‘‘Secretary’’) shall conduct a lease sale 
in each outer Continental Shelf planning area for 
which the Secretary determines that there is a com-
mercial interest in purchasing Federal oil and gas 
leases for production on the outer Continental Shelf. 
(2) 
SUBSEQUENT
DETERMINATIONS
AND 
SALES.—If the Secretary determines that there is 
not a commercial interest in purchasing Federal oil 
and gas leases for production on the outer Conti-
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nental Shelf in a planning area under this sub-
section, not later than 2 years after the date of en-
actment of the determination and every 2 years 
thereafter, the Secretary shall— 
(A) determine whether there is a commer-
cial interest in purchasing Federal oil and gas 
leases for production on the outer Continental 
Shelf in the planning area; and 
(B) if the Secretary determines that there 
is a commercial interest described in subpara-
graph (A), conduct a lease sale in the planning 
area. 
(b) RENEWABLE ENERGY AND MARICULTURE.—The 
Secretary may conduct commercial lease sales of resources 
owned by United States— 
(1) to produce renewable energy (as defined in 
section 203(b) of the Energy Policy Act of 2005 (42 
U.S.C. 15852(b))); or 
(2) to cultivate marine organisms in the natural 
habitat of the organisms. 
SEC. 103. COASTAL IMPACT ASSISTANCE PROGRAM AMEND-
MENTS. 
Section 31 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1356a) is amended— 
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(1) in subsection (c), by adding at the end the 
following: 
‘‘(5) 
APPLICATION
REQUIREMENTS; 
AVAIL-
ABILITY OF FUNDING.—On approval of a plan by 
the Secretary under this section, the producing State 
shall— 
‘‘(A) not be subject to any additional appli-
cation or other requirements (other than noti-
fying the Secretary of which projects are being 
carried out under the plan) to receive the pay-
ments; and 
‘‘(B) be immediately eligible to receive pay-
ments under this section.’’; and 
(2) by adding at the end the following: 
‘‘(e) FUNDING.— 
‘‘(1) STREAMLINING.— 
‘‘(A) REPORT.—Not later than 180 days 
after the date of enactment of this subsection, 
the Secretary of the Interior (acting through 
the Director of the Minerals Management Serv-
ice) (referred to in this subsection as the ‘Sec-
retary’) shall develop a plan that addresses 
streamlining the process by which payments are 
made 
under 
this 
section, 
including 
rec-
ommendations for— 
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‘‘(i) decreasing the time required to 
approve plans submitted under subsection 
(c)(1); 
‘‘(ii) ensuring that allocations to pro-
ducing States under subsection (b) are 
adequately funded; and 
‘‘(iii) any modifications to the author-
ized uses for payments under subsection 
(d). 
‘‘(B) CLEAN WATER.—Not later than 180 
days after the date of enactment of this sub-
section, the Secretary and the Administrator of 
the Environmental Protection Agency shall 
jointly develop procedures for streamlining the 
permit process required under the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et 
seq.) and State laws for restoration projects 
that are included in an approved plan under 
subsection (c). 
‘‘(C) ENVIRONMENTAL REQUIREMENTS.— 
A project funded under this section that does 
not involve wetlands shall not be subject to en-
vironmental review requirements under Federal 
law. 
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‘‘(2) 
COST-SHARING
REQUIREMENTS.—Any 
amounts made available to producing States under 
this section may be used to meet the cost-sharing re-
quirements of other Federal grant programs, includ-
ing grant programs that support coastal wetland 
protection and restoration. 
‘‘(3) EXPEDITED
FUNDING.—Not later than 
180 days after the date of enactment of this sub-
section, the Secretary shall develop a procedure to 
provide expedited funding to projects under this sec-
tion based on estimated revenues to ensure that the 
projects may— 
‘‘(A) secure additional funds from other 
sources; and 
‘‘(B) use the amounts made available 
under this section on receipt.’’. 
SEC. 104. SEAWARD BOUNDARIES OF STATES. 
(a) SEAWARD BOUNDARIES.—Section 4 of the Sub-
merged Lands Act (43 U.S.C. 1312) is amended by strik-
ing ‘‘three geographical miles’’ each place it appears and 
inserting ‘‘12 nautical miles’’. 
(b) CONFORMING AMENDMENTS.—Section 2 of the 
Submerged Lands Act (43 U.S.C. 1301) is amended— 
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(1) in subsection (a)(2), by striking ‘‘three geo-
graphical miles’’ and inserting ‘‘12 nautical miles’’; 
and 
(2) in subsection (b)— 
(A) by striking ‘‘three geographical miles’’ 
and inserting ‘‘12 nautical miles’’; and 
(B) by striking ‘‘three marine leagues’’ and 
inserting ‘‘12 nautical miles’’. 
(c) EFFECT OF AMENDMENTS.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
through (4), the amendments made by this section 
shall not effect Federal oil and gas mineral rights. 
(2) SUBMERGED LAND.—Submerged land with-
in the seaward boundaries of States shall be— 
(A) subject to Federal oil and gas mineral 
rights to the extent provided by law; 
(B) considered to be part of the Federal 
outer Continental Shelf for purposes of the 
Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.); and 
(C) subject to leasing under the authority 
of that Act and to laws applicable to the leasing 
of the oil and gas resources of the Federal 
outer Continental Shelf. 
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(3) EXISTING LEASES.—The amendments made 
by this section shall not affect any Federal oil and 
gas lease in effect on the date of enactment of this 
Act. 
(4) TAXATION.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), a State may exercise all of the sov-
ereign powers of taxation of the State within 
the entire extent of the seaward boundaries of 
the State (as extended by the amendments 
made by this section). 
(B) LIMITATION.—Nothing in this para-
graph affects the authority of a State to tax 
any Federal oil and gas lease in effect on the 
date of enactment of this Act. 
TITLE 
II—LEASING 
PROGRAM 
FOR LAND WITHIN COASTAL 
PLAIN 
SEC. 201. DEFINITIONS. 
In this title: 
(1) COASTAL
PLAIN.—The term ‘‘Coastal 
Plain’’ means that area identified as the ‘‘1002 
Coastal Plain Area’’ on the map. 
(2) FEDERAL AGREEMENT.—The term ‘‘Fed-
eral Agreement’’ means the Federal Agreement and 
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Grant Right-of-Way for the Trans-Alaska Pipeline 
issued on January 23, 1974, in accordance with sec-
tion 28 of the Mineral Leasing Act (30 U.S.C. 185) 
and the Trans-Alaska Pipeline Authorization Act 
(43 U.S.C. 1651 et seq.). 
(3) FINAL
STATEMENT.—The term ‘‘Final 
Statement’’ means the final legislative environmental 
impact statement on the Coastal Plain, dated April 
1987, and prepared pursuant to section 1002 of the 
Alaska National Interest Lands Conservation Act 
(16 U.S.C. 3142) and section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)). 
(4) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Arctic National Wildlife Refuge’’, dated Sep-
tember 2005, and prepared by the United States Ge-
ological Survey. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior (or the designee of the 
Secretary), acting through the Director of the Bu-
reau of Land Management, in consultation with the 
Director of the United States Fish and Wildlife 
Service. 
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SEC. 202. LEASING PROGRAM FOR LAND WITHIN THE 
COASTAL PLAIN. 
(a) IN GENERAL.—The Secretary shall take such ac-
tions as are necessary— 
(1) to establish and implement, in accordance 
with this title, a competitive oil and gas leasing pro-
gram that will result in an environmentally sound 
program for the exploration, development, and pro-
duction of the oil and gas resources of the Coastal 
Plain; and 
(2) to administer this title through regulations, 
lease terms, conditions, restrictions, prohibitions, 
stipulations, and other provisions that— 
(A) ensure the oil and gas exploration, de-
velopment, and production activities on the 
Coastal Plain will result in no significant ad-
verse effect on fish and wildlife, their habitat, 
subsistence resources, and the environment; and 
(B) require the application of the best 
commercially available technology for oil and 
gas exploration, development, and production to 
all exploration, development, and production op-
erations under this title in a manner that en-
sures the receipt of fair market value by the 
public for the mineral resources to be leased. 
(b) REPEAL.— 
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(1) REPEAL.—Section 1003 of the Alaska Na-
tional Interest Lands Conservation Act of 1980 (16 
U.S.C. 3143) is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
contents contained in section 1 of that Act (16 
U.S.C. 3101 note) is amended by striking the item 
relating to section 1003. 
(3) COMPLIANCE WITH NEPA FOR OTHER AC-
TIONS.— 
(A) IN GENERAL.—Before conducting the 
first lease sale under this title, the Secretary 
shall prepare an environmental impact state-
ment in accordance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) with respect to the actions authorized by 
this title that are not referred to in paragraph 
(2). 
(B) IDENTIFICATION
AND
ANALYSIS.— 
Notwithstanding any other provision of law, in 
carrying out this paragraph, the Secretary shall 
not be required— 
(i) to identify nonleasing alternative 
courses of action; or 
(ii) to analyze the environmental ef-
fects of those courses of action. 
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(C) IDENTIFICATION OF PREFERRED AC-
TION.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall— 
(i) identify only a preferred action and 
a single leasing alternative for the first 
lease sale authorized under this title; and 
(ii) analyze the environmental effects 
and potential mitigation measures for 
those 2 alternatives. 
(D) PUBLIC COMMENTS.—In carrying out 
this paragraph, the Secretary shall consider 
only public comments that are filed not later 
than 20 days after the date of publication of a 
draft environmental impact statement. 
(E) EFFECT
OF
COMPLIANCE.—Notwith-
standing any other provision of law, compliance 
with this paragraph shall be considered to sat-
isfy all requirements for the analysis and con-
sideration of the environmental effects of pro-
posed leasing under this title. 
(c) RELATIONSHIP TO STATE AND LOCAL AUTHOR-
ITY.—Nothing in this title expands or limits any State or 
local regulatory authority. 
(d) SPECIAL AREAS.— 
(1) DESIGNATION.— 
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(A) IN
GENERAL.—The Secretary, after 
consultation with the State of Alaska, the 
North Slope Borough, Alaska, and the City of 
Kaktovik, Alaska, may designate not more than 
45,000 acres of the Coastal Plain as a special 
area if the Secretary determines that the special 
area would be of such unique character and in-
terest as to require special management and 
regulatory protection. 
(B) SADLEROCHIT
SPRING
AREA.—The 
Secretary shall designate as a special area in 
accordance 
with 
subparagraph 
(A) 
the 
Sadlerochit Spring area, comprising approxi-
mately 4,000 acres as depicted on the map. 
(2) MANAGEMENT.—The Secretary shall man-
age each special area designated under this sub-
section in a manner that preserves the unique and 
diverse character of the area, including fish, wildlife, 
subsistence resources, and cultural values of the 
area. 
(3) EXCLUSION
FROM
LEASING
OR
SURFACE 
OCCUPANCY.— 
(A) IN GENERAL.—The Secretary may ex-
clude any special area designated under this 
subsection from leasing. 
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(B) NO SURFACE OCCUPANCY.—If the Sec-
retary leases all or a portion of a special area 
for the purposes of oil and gas exploration, de-
velopment, production, and related activities, 
there shall be no surface occupancy of the land 
comprising the special area. 
(4) DIRECTIONAL DRILLING.—Notwithstanding 
any other provision of this subsection, the Secretary 
may lease all or a portion of a special area under 
terms that permit the use of horizontal drilling tech-
nology from sites on leases located outside the spe-
cial area. 
(e) LIMITATION ON CLOSED AREAS.—The Secretary 
may not close land within the Coastal Plain to oil and gas 
leasing or to exploration, development, or production ex-
cept in accordance with this title. 
(f) REGULATIONS.— 
(1) IN GENERAL.—Not later than 15 months 
after the date of enactment of this Act, the Sec-
retary shall promulgate such regulations as are nec-
essary to carry out this title, including rules and 
regulations relating to protection of the fish and 
wildlife, fish and wildlife habitat, subsistence re-
sources, and environment of the Coastal Plain. 
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(2) REVISION
OF
REGULATIONS.—The Sec-
retary shall periodically review and, as appropriate, 
revise the rules and regulations issued under para-
graph (1) to reflect any significant biological, envi-
ronmental, scientific or engineering data that come 
to the attention of the Secretary. 
SEC. 203. LEASE SALES. 
(a) IN GENERAL.—Land may be leased pursuant to 
this title to any person qualified to obtain a lease for de-
posits of oil and gas under the Mineral Leasing Act (30 
U.S.C. 181 et seq.). 
(b) PROCEDURES.—The Secretary shall, by regula-
tion, establish procedures for— 
(1) receipt and consideration of sealed nomina-
tions for any area in the Coastal Plain for inclusion 
in, or exclusion (as provided in subsection (c)) from, 
a lease sale; 
(2) the holding of lease sales after that nomina-
tion process; and 
(3) public notice of and comment on designa-
tion of areas to be included in, or excluded from, a 
lease sale. 
(c) LEASE SALE BIDS.—Bidding for leases under 
this title shall be by sealed competitive cash bonus bids. 
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(d) ACREAGE MINIMUM IN FIRST SALE.—For the 
first lease sale under this title, the Secretary shall offer 
for lease those tracts the Secretary considers to have the 
greatest potential for the discovery of hydrocarbons, tak-
ing into consideration nominations received pursuant to 
subsection (b)(1), but in no case less than 200,000 acres. 
(e) TIMING
OF
LEASE
SALES.—The Secretary 
shall— 
(1) not later than 22 months after the date of 
enactment of this Act, conduct the first lease sale 
under this title; 
(2) not later than 90 days after the date of the 
completion of the sale, evaluate the bids in the sale 
and issue leases resulting from the sale; and 
(3) conduct additional sales at appropriate in-
tervals if sufficient interest in exploration or devel-
opment exists to warrant the conduct of the addi-
tional sales. 
SEC. 204. GRANT OF LEASES BY THE SECRETARY. 
(a) IN GENERAL.—On payment by a lessee of such 
bonus as may be accepted by the Secretary, the Secretary 
may grant to the highest responsible qualified bidder in 
a lease sale conducted pursuant to section 203 a lease for 
any land on the Coastal Plain. 
(b) SUBSEQUENT TRANSFERS.— 
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