I 
112TH CONGRESS 
1ST SESSION H. R. 3302 
To create private sector jobs by simplifying the tax code, increasing domestic 
energy production, reforming government regulations, and strengthening 
workforce training programs. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 1, 2011 
Mr. ROONEY introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committees on Nat-
ural Resources, the Judiciary, Oversight and Government Reform, En-
ergy and Commerce, Rules, and Education and the Workforce, 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 create private sector jobs by simplifying the tax code, 
increasing domestic energy production, reforming govern-
ment regulations, and strengthening workforce training 
programs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Restore America Act of 2011’’. 
(b) TABLE OF CONTENTS.— 
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Sec. 1. Short title; table of contents. 
TITLE I—ENERGY 
Sec. 100. Findings. 
Subtitle A—Outer Continental Shelf 
Sec. 101. Leasing program considered approved. 
Sec. 102. Outer Continental Shelf lease sales. 
Sec. 103. Definitions under the Outer Continental Shelf Lands Act. 
Sec. 104. Determination of Adjacent Zones and OCS Planning Areas. 
Sec. 105. Grant of leases by Secretary. 
Sec. 106. Disposition of receipts. 
Sec. 107. Outer Continental Shelf leasing program. 
Sec. 108. Coordination with Adjacent States. 
Sec. 109. Environmental studies. 
Sec. 110. Seaward boundaries of States. 
Sec. 111. Outer Continental Shelf incompatible use. 
Sec. 112. Repurchase of certain leases. 
Sec. 113. Offsite environmental mitigation. 
Subtitle B—Arctic National Wildlife Refuge 
Sec. 121. Definitions. 
Sec. 122. Leasing program for lands within the Coastal Plain. 
Sec. 123. Lease sales. 
Sec. 124. Grant of leases by the Secretary. 
Sec. 125. Lease terms and conditions. 
Sec. 126. Coastal Plain environmental protection. 
Sec. 127. Expedited judicial review. 
Sec. 128. Federal and State distribution of revenues. 
Sec. 129. Rights-of-way across the Coastal Plain. 
Sec. 130. Conveyance. 
Sec. 131. Local government impact aid and community service assistance. 
Subtitle C—Oil Shale 
Sec. 141. Oil shale. 
Subtitle D—Coal-to-Liquid 
Sec. 151. Definitions relating to coal-to-liquid fuel and facilities. 
Sec. 152. Repeal. 
Subtitle E—Nuclear 
Sec. 161. Findings and policy. 
Sec. 162. 200 operating permits by 2040. 
Sec. 163. Repeal of Office of Civilian Radioactive Waste Management. 
Sec. 164. Radiological material repository. 
Sec. 165. Independent radiological material management. 
Sec. 166. Spent nuclear fuel recycling. 
Sec. 167. Nuclear fuel supply reserve. 
Sec. 168. Public health and safety. 
Sec. 169. Streamlining Combined Construction and Operating License. 
Sec. 170. Reactor design certification. 
Sec. 171. Technology-neutral plant design specifications. 
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Sec. 172. Next Generation Nuclear Plant. 
Sec. 173. Uranium mining on Federal lands. 
Sec. 174. Small and modular reactor licensing. 
Sec. 175. Limitation on regulatory time frame. 
Sec. 176. Definition. 
TITLE II—REGULATORY REFORM 
Sec. 201. Purpose. 
Sec. 202. Congressional review of agency rulemaking. 
TITLE III—TAX REFORM 
Sec. 301. Reduction in corporate income tax rates. 
Sec. 302. 2003 tax reductions on domestic dividends made permanent. 
Sec. 303. Small business expensing for small business made permanent. 
Sec. 304. Permanent extension of estate tax relief. 
Sec. 305. Additional savings. 
TITLE IV—WORKFORCE INVESTMENT 
Sec. 401. Sense of Congress regarding the need to reauthorize the Workforce 
Investment Act of 1998. 
TITLE I—ENERGY 
SEC. 100. FINDINGS. 
The Congress finds the following: 
(1) The United States is blessed with abundant 
energy resources on the outer Continental Shelf and 
has developed a comprehensive framework of envi-
ronmental laws and regulations and fostered the de-
velopment of state-of-the-art technology that allows 
for the responsible development of these resources 
for the benefit of its citizenry. 
(2) Adjacent States are required by the cir-
cumstances to commit significant resources in sup-
port of exploration, development, and production ac-
tivities for mineral resources on the outer Conti-
nental Shelf, and it is fair and proper for a portion 
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of the receipts from such activities to be shared with 
Adjacent States and their local coastal governments. 
(3) Development of domestic oil and gas re-
sources can be accomplished in a safe and environ-
mentally responsible manner. 
Subtitle A—Outer Continental 
Shelf 
SEC. 101. LEASING PROGRAM CONSIDERED APPROVED. 
(a) IN GENERAL.—The Draft Proposed Outer Conti-
nental Shelf (OCS) Oil and Gas Leasing Program 2010– 
2015 released by the Secretary of the Interior (referred 
to in this section as the ‘‘Secretary’’) in January 2009, 
under section 18 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1344), is considered to have been approved 
by the Secretary as a final oil and gas leasing program 
under that section, and is considered to be in full compli-
ance with and in accordance with all requirements of the 
Outer Continental Shelf Lands Act, National Environ-
mental Policy Act of 1969, Endangered Species Act of 
1973, Clean Air Act, Marine Mammal Protection Act of 
1972, Oil Pollution Act of 1990, and all other applicable 
laws. 
(b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 
The Secretary is considered to have issued a legally suffi-
cient final environmental impact statement for the pro-
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gram described in subsection (a) in accordance with all 
requirements under section 102(2)(C) of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), 
and all other applicable laws. 
SEC. 102. OUTER CONTINENTAL SHELF LEASE SALES. 
(a) IN GENERAL.—Except as provided in subsection 
(b), 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 section as the ‘‘Sec-
retary’’) shall conduct a lease sale in each outer Conti-
nental Shelf area for which the Secretary determines that 
there is a commercial interest in purchasing Federal oil 
and gas leases for production on the outer Continental 
Shelf. 
(b) SUBSEQUENT DETERMINATIONS AND SALES.—If 
the Secretary determines that there is not a commercial 
interest in purchasing Federal oil and gas leases for pro-
duction on the outer Continental Shelf in an area under 
subsection (a), not later than 2 years after the date of 
such determination, and every 2 years thereafter, the Sec-
retary shall— 
(1) reevaluate whether there is commercial in-
terest in purchasing Federal oil and gas leases for 
production on the outer Continental Shelf in the 
area; and 
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(2) if the Secretary determines that there is a 
commercial interest described in paragraph (1), con-
duct a lease sale in the area. 
SEC. 103. DEFINITIONS UNDER THE OUTER CONTINENTAL 
SHELF LANDS ACT. 
Section 2 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331) is amended— 
(1) in the matter preceding subsection (a), by 
striking ‘‘When used in this Act—’’ and inserting 
‘‘In this Act:’’; 
(2) in subsection (a), by inserting after ‘‘con-
trol’’ the following: ‘‘, or lying within the United 
States exclusive economic zone adjacent to the Terri-
tories of the United States’’; 
(3) by amending subsection (f) to read as fol-
lows: 
‘‘(f) The term ‘affected State’ means the ‘Adjacent 
State’.’’; 
(4) by striking the semicolon at the end of each 
of subsections (a) through (o) and inserting a pe-
riod; 
(5) by striking ‘‘; and’’ at the end of subsection 
(p) and inserting a period; and 
(6) by adding at the end the following: 
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‘‘(r) The term ‘Adjacent State’ means, with respect 
to any program, plan, lease sale, leased tract, or other ac-
tivity, proposed, conducted, or approved pursuant to the 
provisions of this Act, any State the laws of which are 
declared, pursuant to section 4(a)(2), to be the law of the 
United States for the portion of the outer Continental 
Shelf to which such program, plan, lease sale, or leased 
tract appertains or on which such activity is, or is pro-
posed to be, conducted. For purposes of this paragraph, 
the term ‘State’ includes the Commonwealth of Puerto 
Rico, the Commonwealth of the Northern Mariana Is-
lands, the Virgin Islands, American Samoa, Guam, and 
the other Territories of the United States. 
‘‘(s) The term ‘Adjacent Zone’ means, with respect 
to any program, plan, lease sale, leased tract, or other ac-
tivity, proposed, conducted, or approved pursuant to the 
provisions of this Act, the portion of the outer Continental 
Shelf for which the laws of a particular Adjacent State 
are declared, pursuant to section 4(a)(2), to be the law 
of the United States. 
‘‘(t) The term ‘miles’ means statute miles. 
‘‘(u) The term ‘coastline’ has the same meaning as 
the term ‘coast line’ as defined in section 2(c) of the Sub-
merged Lands Act (43 U.S.C. 1301(c)).’’. 
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SEC. 104. DETERMINATION OF ADJACENT ZONES AND OCS 
PLANNING AREAS. 
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: ‘‘. The lines extending seaward and defining 
each State’s Adjacent Zone, and each OCS Planning Area, 
are 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 Adjacent Zones and OCS Planning Areas’, ‘Gulf of 
Mexico OCS Region State Adjacent Zones and OCS Plan-
ning Areas’, and ‘Atlantic OCS Region State Adjacent 
Zones and OCS Planning Areas’, all of which are dated 
September 2005 and on file in the Office of the Director, 
Bureau of Ocean Energy Management, Regulation and 
Enforcement.’’. 
SEC. 105. GRANT OF LEASES BY SECRETARY. 
Section 8 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1337) is amended— 
(1) by adding at the end of subsection (b) the 
following: 
‘‘The Secretary may issue more than one lease for 
a given tract if each lease applies to a separate and dis-
tinct range of vertical depths, horizontal surface area, or 
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a combination of the two. The Secretary may issue regula-
tions that the Secretary determines are necessary to man-
age such leases consistent with the purposes of this Act.’’; 
(2) by amending subsection (p)(2)(B) to read 
as follows: 
‘‘(B) The Secretary shall provide for the 
payment to coastal States, and their local coast-
al governments, of 75 percent of Federal re-
ceipts from projects authorized under this sec-
tion located partially or completely within the 
area extending seaward of State submerged 
lands out to 4 marine leagues from the coast-
line, and the payment to coastal States of 50 
percent of the receipts from projects completely 
located in the area more than 4 marine leagues 
from the coastline. Payments shall be based on 
a formula established by the Secretary by rule-
making no later than 180 days after the date 
of the enactment of the Restore America Act of 
2011 that provides for equitable distribution, 
based on proximity to the project, among coast-
al States that have coastline that is located 
within 200 miles of the geographic center of the 
project.’’; 
(3) by adding at the end the following: 
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‘‘(q) REMOVAL OF RESTRICTIONS ON JOINT BIDDING 
IN
CERTAIN
AREAS
OF
THE
OUTER
CONTINENTAL 
SHELF.—Restrictions on joint bidders shall no longer 
apply to tracts located in the Alaska OCS Region. Such 
restrictions shall not apply to tracts in other OCS regions 
determined to be ‘frontier tracts’ or otherwise ‘high cost 
tracts’ under final regulations that shall be published by 
the Secretary by not later than 365 days after the date 
of the enactment of this subsection. 
‘‘(r) CONSERVATION
OF RESOURCES FEES.—Not 
later than one year after the date of the enactment of this 
subsection, the Secretary by regulation shall establish a 
conservation of resources fee for nonproducing leases that 
will apply to new and existing leases which shall be set 
at $3.75 per acre per year. This fee shall apply from and 
after January 1, 2012, and shall be treated as offsetting 
receipts.’’; 
(4) by striking subsection (a)(3)(A) and redes-
ignating the subsequent subparagraphs as subpara-
graphs (A) and (B), respectively; 
(5) in subsection (a)(3)(A) (as so redesignated) 
by striking ‘‘In the Western’’ and all that follows 
through ‘‘the Secretary’’ the first place it appears 
and inserting ‘‘The Secretary’’; and 
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(6) effective January 1, 2012, in subsection 
(g)— 
(A) by striking all after ‘‘(g)’’, except para-
graph (3); 
(B) by striking the last sentence of para-
graph (3); and 
(C) by striking ‘‘(3)’’. 
SEC. 106. DISPOSITION OF RECEIPTS. 
Section 9 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1338) is amended— 
(1) by designating the existing text as sub-
section (a); 
(2) in subsection (a) (as so designated) by in-
serting ‘‘, if not paid as otherwise provided in this 
title’’ after ‘‘receipts’’; and 
(3) by adding the following: 
‘‘(b) TREATMENT OF OCS RECEIPTS FROM TRACTS 
COMPLETELY WITHIN 100 MILES OF THE COASTLINE.— 
‘‘(1) DEPOSIT.—The Secretary shall deposit 
into a separate account in the Treasury the portion 
of OCS Receipts for each fiscal year that will be 
shared under paragraphs (2), (3), and (4). 
‘‘(2) PHASED-IN RECEIPTS SHARING.— 
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‘‘(A) Beginning January 1, 2012, the Sec-
retary shall share OCS Receipts derived from 
the following areas: 
‘‘(i) Lease tracts located on portions 
of the Gulf of Mexico OCS Region com-
pletely beyond 4 marine leagues from any 
coastline and completely within 100 miles 
of any coastline that were available for 
leasing under the 2002–2007 5-Year OCS 
Oil and Gas Leasing Program. 
‘‘(ii) Lease tracts in production prior 
to January 1, 2012, completely beyond 4 
marine leagues from any coastline and 
completely within 100 miles of any coast-
line located on portions of the OCS that 
were not available for leasing under the 
2002–2007 5-Year OCS Oil and Gas Leas-
ing Program. 
‘‘(iii) Lease tracts for which leases are 
issued prior to January 1, 2012, located in 
the Alaska OCS Region completely beyond 
4 marine leagues from any coastline and 
completely within 100 miles of the coast-
line. 
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of any coastline not included within the provisions of 
paragraph (2), and the balance shall be deposited in 
the Treasury. 
‘‘(4) RECEIPTS SHARING FROM TRACTS WITHIN 
4 MARINE LEAGUES OF ANY COASTLINE.— 
‘‘(A) AREAS
DESCRIBED
IN
PARAGRAPH 
(2).—Beginning January 1, 2012, and con-
tinuing through September 30, 2013, the Sec-
retary shall share 25 percent of OCS Receipts 
derived from all leases located within 4 marine 
leagues from any coastline within areas de-
scribed in paragraph (2). For each fiscal year 
after September 30, 2013, the Secretary shall 
increase the percent shared in 5 percent incre-
ments each fiscal year until the sharing rate for 
all leases located within 4 marine leagues from 
any coastline within areas described in para-
graph (2) becomes 75 percent. 
‘‘(B) AREAS
NOT
DESCRIBED
IN
PARA-
GRAPH (2).—Beginning January 1, 2012, the 
Secretary shall share 75 percent of OCS re-
ceipts derived from all leases located completely 
or partially within 4 marine leagues from any 
coastline within areas not described paragraph 
(2). 
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‘‘(5) ALLOCATIONS.—The Secretary shall allo-
cate the OCS Receipts deposited into the separate 
account established by paragraph (1) that are 
shared under paragraphs (2), (3), and (4) as follows: 
‘‘(A) BONUS BIDS.—Deposits derived from 
bonus bids from a leased tract, including inter-
est thereon, shall be allocated at the end of 
each fiscal year to the Adjacent State. 
‘‘(B) ROYALTIES.—Deposits derived from 
royalties from a leased tract, including interest 
thereon, shall be allocated at the end of each 
fiscal year to the Adjacent State and any other 
producing State or States with a leased tract 
within its Adjacent Zone within 100 miles of its 
coastline that generated royalties during the fis-
cal year, if the other producing State or States 
have a coastline point within 300 miles of any 
portion of the leased tract, in which case the 
amount allocated for the leased tract shall be— 
‘‘(i) one-third to the Adjacent State; 
and 
‘‘(ii) two-thirds to each producing 
State, including the Adjacent State, in-
versely proportional to the distance be-
tween the nearest point on the coastline of 
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the producing State and the geographic 
center of the leased tract. 
‘‘(c) TREATMENT OF OCS RECEIPTS FROM TRACTS 
PARTIALLY OR COMPLETELY BEYOND 100 MILES OF THE 
COASTLINE.— 
‘‘(1) DEPOSIT.—The Secretary shall deposit 
into a separate account in the Treasury the portion 
of OCS Receipts for each fiscal year that will be 
shared under paragraphs (2) and (3). 
‘‘(2) PHASED-IN RECEIPTS SHARING.— 
‘‘(A) Beginning January 1, 2012, the Sec-
retary shall share OCS Receipts derived from 
the following areas: 
‘‘(i) Lease tracts located on portions 
of the Gulf of Mexico OCS Region partially 
or completely beyond 100 miles of any 
coastline that were available for leasing 
under the 2002–2007 5-Year OCS Oil and 
Gas Leasing Program. 
‘‘(ii) Lease tracts in production prior 
to January 1, 2012, partially or completely 
beyond 100 miles of any coastline located 
on portions of the OCS that were not 
available for leasing under the 2002–2007 
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5-Year OCS Oil and Gas Leasing Pro-
gram. 
‘‘(iii) Lease tracts for which leases are 
issued prior to January 1, 2012, located in 
the Alaska OCS Region partially or com-
pletely beyond 100 miles of the coastline. 
‘‘(B) The Secretary shall share the fol-
lowing percentages of OCS Receipts from the 
leases described in subparagraph (A) derived 
during the fiscal year indicated: 
‘‘(i) For fiscal year 2012, 5 percent. 
‘‘(ii) For fiscal year 2013, 8 percent. 
‘‘(iii) For fiscal year 2014, 11 per-
cent. 
‘‘(iv) For fiscal year 2015, 14 percent. 
‘‘(v) For fiscal year 2016, 17 percent. 
‘‘(vi) For fiscal year 2017, 20 percent. 
‘‘(vii) For fiscal year 2018, 23 per-
cent. 
‘‘(viii) For fiscal year 2019, 26 per-
cent. 
‘‘(ix) For fiscal year 2020, 29 percent. 
‘‘(x) For fiscal year 2021, 32 percent. 
‘‘(xi) For fiscal year 2022, 35 percent. 
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‘‘(xii) For fiscal year 2023 and each 
subsequent fiscal year, 37.5 percent. 
‘‘(3) IMMEDIATE RECEIPTS SHARING.—Begin-
ning January 1, 2012, the Secretary shall share 
37.5 percent of OCS Receipts derived on and after 
January 1, 2012, from all leases located partially or 
completely beyond 100 miles of any coastline not in-
cluded within the provisions of paragraph (2), except 
that the Secretary shall only share 25 percent of 
such OCS Receipts derived from all such leases 
within a State’s Adjacent Zone if no leasing is al-
lowed within any portion of that State’s Adjacent 
Zone located completely within 100 miles of any 
coastline. 
‘‘(4) ALLOCATIONS.—The Secretary shall allo-
cate the OCS Receipts deposited into the separate 
account established by paragraph (1) that are 
shared under paragraphs (2) and (3) as follows: 
‘‘(A) BONUS BIDS.—Deposits derived from 
bonus bids from a leased tract, including inter-
est thereon, shall be allocated at the end of 
each fiscal year to the Adjacent State. 
‘‘(B) ROYALTIES.—Deposits derived from 
royalties from a leased tract, including interest 
thereon, shall be allocated at the end of each 
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fiscal year to the Adjacent State and any other 
producing State or States with a leased tract 
within its Adjacent Zone partially or completely 
beyond 100 miles of its coastline that generated 
royalties during the fiscal year, if the other pro-
ducing State or States have a coastline point 
within 300 miles of any portion of the leased 
tract, in which case the amount allocated for 
the leased tract shall be— 
‘‘(i) one-third to the Adjacent State; 
and 
‘‘(ii) two-thirds to each producing 
State, including the Adjacent State, in-
versely proportional to the distance be-
tween the nearest point on the coastline of 
the producing State and the geographic 
center of the leased tract. 
‘‘(d) TRANSMISSION
OF ALLOCATIONS.—Not later 
than 90 days after the end of each fiscal year, the Sec-
retary shall transmit to each State 100 percent of such 
State’s allocations under subsections (b)(5)(A), (b)(5)(B), 
(c)(4)(A), and (c)(4)(B) for the immediate prior fiscal 
year. 
‘‘(e) EFFECT OF FUTURE LAWS.—Enactment of any 
future Federal statute that has the effect, as determined 
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by the Secretary, of restricting any Federal agency from 
spending appropriated funds, or otherwise preventing it 
from fulfilling its pre-existing responsibilities as of the 
date of enactment of the statute, unless such responsibil-
ities have been reassigned to another Federal agency by 
the statute with no prevention of performance, to issue 
any permit or other approval impacting on the OCS oil 
and gas leasing program, or any lease issued thereunder, 
or to implement any provision of this Act shall automati-
cally prohibit any sharing of OCS Receipts under this sec-
tion directly with the States, and their coastal political 
subdivisions, for the duration of the restriction. The Sec-
retary shall make the determination of the existence of 
such restricting effects within 30 days of a petition by any 
outer Continental Shelf lessee or producing State. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) BONUS
BIDS.—The term ‘bonus bids’ 
means all funds received by the Secretary to issue 
an outer Continental Shelf minerals lease. 
‘‘(2) ROYALTIES.—The term ‘royalties’ means 
all funds received by the Secretary from production 
of oil or natural gas, or the sale of production taken 
in-kind, from an outer Continental Shelf minerals 
lease. 
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‘‘(3) PRODUCING STATE.—The term ‘producing 
State’ means an Adjacent State having an Adjacent 
Zone containing leased tracts from which OCS Re-
ceipts were derived. 
‘‘(4) OCS RECEIPTS.—The term ‘OCS Receipts’ 
means bonus bids, royalties, and conservation of re-
sources fees.’’. 
SEC. 107. OUTER CONTINENTAL SHELF LEASING PROGRAM. 
Section 18 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1344) is amended— 
(1) in subsection (a), by adding at the end of 
paragraph (3) the following: ‘‘The Secretary shall, in 
each 5-Year Program, include lease sales that when 
viewed as a whole propose to offer for oil and gas 
leasing at least 75 percent of the available unleased 
acreage within each OCS Planning Area. Available 
unleased acreage is that portion of the outer Conti-
nental Shelf that is not under lease at the time of 
the proposed lease sale, and has not otherwise been 
made unavailable for leasing by law.’’; 
(2) in subsection (c), by striking so much as 
precedes paragraph (3) and inserting the following: 
‘‘(c)(1) During the preparation of any proposed leas-
ing program under this section, the Secretary shall con-
sider and analyze leasing throughout the entire outer Con-
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tinental Shelf without regard to any other law affecting 
such leasing. During this preparation, the Secretary shall 
invite and consider suggestions from any interested Fed-
eral agency, including the Attorney General, in consulta-
tion with the Federal Trade Commission, and from the 
Governor of any coastal State. The Secretary may also in-
vite or consider any suggestions from the executive of any 
local government in a coastal State that have been pre-
viously submitted to the Governor of such State, and from 
any other person. Further, the Secretary shall consult 
with the Secretary of Defense regarding military oper-
ational needs in the outer Continental Shelf. The Sec-
retary shall work with the Secretary of Defense to resolve 
any conflicts that might arise regarding offering any area 
of the outer Continental Shelf for oil and gas leasing. If 
the Secretaries are not able to resolve all such conflicts, 
any unresolved issues shall be elevated to the President 
for resolution. 
‘‘(2) After the consideration and analysis required by 
paragraph (1), including the consideration of the sugges-
tions received from any interested Federal agency, the 
Federal Trade Commission, the Governor of any coastal 
State, any local government of a coastal State, and any 
other person, the Secretary shall publish in the Federal 
Register a proposed leasing program accompanied by a 
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draft environmental impact statement prepared pursuant 
to the National Environmental Policy Act of 1969. After 
the publishing of the proposed leasing program and during 
the comment period provided for on the draft environ-
mental impact statement, the Secretary shall submit a 
copy of the proposed program to the Governor of each af-
fected State for review and comment. The Governor may 
solicit comments from those executives of local govern-
ments in the Governor’s State that the Governor, in the 
discretion of the Governor, determines will be affected by 
the proposed program. If any comment by such Governor 
is received by the Secretary at least 15 days prior to sub-
mission to the Congress pursuant to paragraph (3) and 
includes a request for any modification of such proposed 
program, the Secretary shall reply in writing, granting or 
denying such request in whole or in part, or granting such 
request in such modified form as the Secretary considers 
appropriate, and stating the Secretary’s reasons therefor. 
All such correspondence between the Secretary and the 
Governor of any affected State, together with any addi-
tional information and data relating thereto, shall accom-
pany such proposed program when it is submitted to the 
Congress.’’; and 
(3) by adding at the end the following: 
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‘‘(i) PROJECTION OF STATE ADJACENT ZONE RE-
SOURCES AND STATE AND LOCAL GOVERNMENT SHARES 
OF OCS RECEIPTS.—Concurrent with the publication of 
the scoping notice at the beginning of the development of 
each 5-Year Outer Continental Shelf Oil and Gas Leasing 
Program, or as soon thereafter as possible, the Secretary 
shall— 
‘‘(1) provide to each Adjacent State a current 
estimate of proven and potential oil and gas re-
sources located within the State’s Adjacent Zone; 
and 
‘‘(2) provide to each Adjacent State, and coast-
al political subdivisions thereof, a best efforts projec-
tion of the OCS Receipts that the Secretary expects 
will be shared with each Adjacent State, and its 
coastal political subdivisions, using the assumption 
that the unleased tracts within the State’s Adjacent 
Zone are fully made available for leasing, including 
long-term projected OCS Receipts. In addition, the 
Secretary shall include a macroeconomic estimate of 
the impact of such leasing on the national economy 
and each State’s economy, including investment, 
jobs, revenues, personal income, and other cat-
egories.’’. 
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SEC. 108. COORDINATION WITH ADJACENT STATES. 
Section 19 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1345) is amended— 
(1) in subsection (a) in the first sentence by in-
serting ‘‘, for any tract located within the Adjacent 
State’s Adjacent Zone,’’ after ‘‘government’’; and 
(2) by adding at the end the following: 
‘‘(f)(1) No Federal agency may permit or otherwise 
approve, without the concurrence of the Adjacent State, 
the construction of a crude oil or petroleum products (or 
both) pipeline within the part of the Adjacent State’s Ad-
jacent Zone that is withdrawn from oil and gas leasing, 
except that such a pipeline may be approved, without such 
Adjacent State’s concurrence, to pass through such Adja-
cent Zone if at least 50 percent of the production pro-
jected to be carried by the pipeline within its first 10 years 
of operation is from areas of the Adjacent State’s Adja-
cent Zone. 
‘‘(2) No State may prohibit the construction within 
its Adjacent Zone or its State waters of a natural gas pipe-
line that will transport natural gas produced from the 
outer Continental Shelf. However, an Adjacent State may 
prevent a proposed natural gas pipeline landing location 
if it proposes two alternate landing locations in the Adja-
cent State, acceptable to the Adjacent State, located with-
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in 50 miles on either side of the proposed landing loca-
tion.’’. 
SEC. 109. ENVIRONMENTAL STUDIES. 
Section 20(d) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1346(d)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 
(2) by adding at the end the following: 
‘‘(2) For all programs, lease sales, leases, and 
actions under this Act, the following shall apply re-
garding the application of the National Environ-
mental Policy Act of 1969: 
‘‘(A) Granting or directing lease suspen-
sions and the conduct of all preliminary activi-
ties on outer Continental Shelf tracts, including 
seismic activities, are categorically excluded 
from the need to prepare either an environ-
mental assessment or an environmental impact 
statement, and the Secretary shall not be re-
quired to analyze whether any exceptions to a 
categorical exclusion apply for activities con-
ducted under the authority of this Act. 
‘‘(B) The environmental impact statement 
developed in support of each 5-Year Oil and 
Gas Leasing Program provides the environ-
mental analysis for all lease sales to be con-
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ducted under the program, and such sales shall 
not be subject to further environmental anal-
ysis. 
‘‘(C) Exploration plans shall not be subject 
to any requirement to prepare an environmental 
impact statement, and the Secretary may find 
that exploration plans are eligible for categor-
ical exclusion due to the impacts already being 
considered within an environmental impact 
statement or due to mitigation measures in-
cluded within the plan. 
‘‘(D) Within each OCS Planning Area, 
after the preparation of the first development 
and production plan environmental impact 
statement for a leased tract within the Area, fu-
ture development and production plans for 
leased tracts within the Area shall only require 
the preparation of an environmental assessment 
unless the most recent development and produc-
tion plan environmental impact statement with-
in the Area was finalized more than 10 years 
prior to the date of the approval of the plan, in 
which case an environmental impact statement 
shall be required.’’. 
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SEC. 110. SEAWARD BOUNDARIES OF STATES. 
Section 4 of the Submerged Lands Act (43 U.S.C. 
1312) is amended— 
(1) in the first sentence by striking ‘‘original’’, 
and in the same sentence by striking ‘‘three geo-
graphical’’ and inserting ‘‘twelve nautical’’; and 
(2) by striking all after the first sentence and 
inserting the following: ‘‘Extension and delineation 
of lateral offshore State boundaries under the provi-
sions of this Act shall follow the lines used to deter-
mine the Adjacent Zones of coastal States under the 
Outer Continental Shelf Lands Act to the extent 
such lines extend twelve nautical miles for the near-
est coastline.’’. 
SEC. 111. OUTER CONTINENTAL SHELF INCOMPATIBLE 
USE. 
(a) IN GENERAL.—No Federal agency may permit 
construction or operation (or both) of any facility, or des-
ignate or maintain a restricted transportation corridor or 
operating area on the Federal outer Continental Shelf or 
in State waters, that will be incompatible with, as deter-
mined by the Secretary of the Interior, oil and gas leasing 
and substantially full exploration and production of tracts 
that are geologically prospective for oil or natural gas (or 
both). 
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(b) EXCEPTIONS.—Subsection (a) shall not apply to 
any facility, transportation corridor, or operating area the 
construction, operation, designation, or maintenance of 
which is or will be— 
(1) located in an area of the outer Continental 
Shelf that is unavailable for oil and gas leasing by 
operation of law; 
(2) used for a military readiness activity (as de-
fined in section 315(f) of Public Law 107–314; 16 
U.S.C. 703 note); or 
(3) required in the national interest, as deter-
mined by the President. 
SEC. 112. REPURCHASE OF CERTAIN LEASES. 
(a) AUTHORITY TO REPURCHASE AND CANCEL CER-
TAIN LEASES.—The Secretary of the Interior may repur-
chase and cancel any Federal oil and gas, geothermal, 
coal, oil shale, tar sands, or other mineral lease, whether 
onshore or offshore, but not including any outer Conti-
nental Shelf oil and gas leases that were subject to litiga-
tion in the Court of Federal Claims on January 1, 2006, 
if the Secretary finds that such lease qualifies for repur-
chase and cancellation under the regulations authorized 
by this section. 
(b) REGULATIONS.—Not later than 365 days after 
the date of the enactment of this Act, the Secretary shall 
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publish a final regulation stating the conditions under 
which a lease referred to in subsection (a) would qualify 
for repurchase and cancellation, and the process to be fol-
lowed regarding such repurchase and cancellation. 
(c) NO PREJUDICE.—This section shall not be inter-
preted to prejudice any other rights that the lessee would 
have in the absence of this section. 
SEC. 113. OFFSITE ENVIRONMENTAL MITIGATION. 
Notwithstanding any other provision of law, any per-
son conducting activities under the Mineral Leasing Act 
(30 U.S.C. 181 et seq.), the Geothermal Steam Act of 
1970 (30 U.S.C. 1001 et seq.), the Mineral Leasing Act 
for Acquired Lands (30 U.S.C. 351 et seq.), the Act of 
March 1, 1911 (commonly known as the Weeks Law) (36 
Stat. 961; ch. 186), the Act of May 10, 1872 (commonly 
known as the General Mining Act of 1872) (17 Stat. 91; 
30 U.S.C. 22 et seq.), the Act of July 31, 1947 (commonly 
known as the Materials Act of 1947) (61 Stat. 681; 30 
U.S.C. 601 et seq.), or the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.), may in satisfying any miti-
gation requirements associated with such activities pro-
pose mitigation measures on a site away from the area 
impacted, and the Secretary of the Interior shall accept 
these proposed measures if the Secretary finds that they 
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generally achieve the purposes for which mitigation meas-
ures appertained. 
Subtitle B—Arctic National Wildlife 
Refuge 
SEC. 121. DEFINITIONS. 
In this subtitle: 
(1) COASTAL
PLAIN.—The term ‘‘Coastal 
Plain’’ means that area described in appendix I to 
part 37 of title 50, Code of Federal Regulations. 
(2) SECRETARY.—The term ‘‘Secretary’’, except 
as otherwise provided, means the Secretary of the 
Interior or the Secretary’s designee. 
SEC. 122. LEASING PROGRAM FOR LANDS 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 subtitle and acting through the Director of 
the Bureau of Land Management in consultation 
with the Director of the United States Fish and 
Wildlife Service, a competitive oil and gas leasing 
program 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 
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(2) to administer the provisions of this subtitle 
through regulations, lease terms, conditions, restric-
tions, prohibitions, stipulations, and other provisions 
that ensure the oil and gas exploration, development, 
and production activities on the Coastal Plain will 
result in no significant adverse effect on fish and 
wildlife, their habitat, subsistence resources, and the 
environment, including, in furtherance of this goal, 
by requiring the application of the best commercially 
available technology for oil and gas exploration, de-
velopment, and production to all exploration, devel-
opment, and production operations under this sub-
title in a manner that ensures the receipt of fair 
market value by the public for the mineral resources 
to be leased. 
(b) REPEAL.— 
(1) REPEAL.—Section 1003 of the Alaska Na-
tional Interest Lands Conservation Act (16 U.S.C. 
3143) is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
contents in section 1 of such Act is amended in the 
item relating to section 1003 by striking ‘‘Prohibi-
tion on development’’ and inserting ‘‘Repealed’’. 
(c) COMPLIANCE WITH REQUIREMENTS UNDER CER-
TAIN OTHER LAWS.— 
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(1) COMPATIBILITY.—For purposes of the Na-
tional Wildlife Refuge System Administration Act of 
1966 (16 U.S.C. 668dd et seq.), the oil and gas 
leasing program and activities authorized by this 
section in the Coastal Plain are deemed to be com-
patible with the purposes for which the Arctic Na-
tional Wildlife Refuge was established, and no fur-
ther findings or decisions are required to implement 
this determination. 
(2) ADEQUACY OF THE DEPARTMENT OF THE 
INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT 
STATEMENT.—The 
‘‘Final 
Legislative 
Environ-
mental Impact Statement’’ (April 1987) on the 
Coastal Plain 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 
National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)) is deemed to satisfy the require-
ments under the National Environmental Policy Act 
of 1969 that apply with respect to prelease activities, 
including actions authorized to be taken by the Sec-
retary to develop and promulgate the regulations for 
the establishment of a leasing program authorized 
by this subtitle before the conduct of the first lease 
sale. 
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(3) COMPLIANCE WITH NEPA FOR OTHER AC-
TIONS.—Before conducting the first lease sale under 
this subtitle, the Secretary shall prepare an environ-
mental impact statement under the National Envi-
ronmental Policy Act of 1969 with respect to the ac-
tions authorized by this subtitle that are not re-
ferred to in paragraph (2). Notwithstanding any 
other law, the Secretary is not required to identify 
nonleasing alternative courses of action or to analyze 
the environmental effects of such courses of action. 
The Secretary shall only identify a preferred action 
for such leasing and a single leasing alternative, and 
analyze the environmental effects and potential miti-
gation measures for those two alternatives. The 
identification of the preferred action and related 
analysis for the first lease sale under this subtitle 
shall be completed not later than 18 months after 
the date of enactment of this Act. The Secretary 
shall only consider public comments that specifically 
address the Secretary’s preferred action and that are 
filed within 20 days after publication of an environ-
mental analysis. Notwithstanding any other law, 
compliance with this paragraph is deemed to satisfy 
all requirements for the analysis and consideration 
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of the environmental effects of proposed leasing 
under this subtitle. 
(d) RELATIONSHIP TO STATE AND LOCAL AUTHOR-
ITY.—Nothing in this subtitle shall be considered to ex-
pand or limit State or local regulatory authority. 
(e) SPECIAL AREAS.— 
(1) IN
GENERAL.—The Secretary, after con-
sultation with the State of Alaska, the city of 
Kaktovik, and the North Slope Borough, may des-
ignate up to a total of 45,000 acres of the Coastal 
Plain as a Special Area if the Secretary determines 
that the Special Area is of such unique character 
and interest so as to require special management 
and regulatory protection. The Secretary shall des-
ignate as such a Special Area the Sadlerochit Spring 
area, comprising approximately 4,000 acres. 
(2) MANAGEMENT.—Each such Special Area 
shall be managed so as to protect and preserve the 
area’s unique and diverse character, including its 
fish, wildlife, and subsistence resource values. 
(3) EXCLUSION
FROM
LEASING
OR
SURFACE 
OCCUPANCY.—The Secretary may exclude any Spe-
cial Area from leasing. The Secretary may only lease 
a Special Area, or any subtitle thereof, for purposes 
of oil and gas exploration, development, production, 
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or related activities, if there is no surface occupancy 
of the lands comprising the Special Area. 
(4) DIRECTIONAL DRILLING.—Notwithstanding 
the other provisions 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. 
(f) LIMITATION
ON
CLOSED
AREAS.—The Sec-
retary’s sole authority to close lands within the Coastal 
Plain to oil and gas leasing and to exploration, develop-
ment, or production is that authority set forth in this sub-
title. 
(g) REGULATIONS.— 
(1) IN
GENERAL.—The Secretary shall pre-
scribe such regulations as may be necessary to carry 
out this subtitle, including rules and regulations re-
lating to protection of the fish and wildlife, their 
habitat, the subsistence resources, and the environ-
ment of the Coastal Plain, by not later than 15 
months after the date of enactment of this Act. 
(2) REVISION
OF
REGULATIONS.—The Sec-
retary shall periodically review and, if appropriate, 
revise the rules and regulations issued under sub-
section (a) to reflect any significant biological, envi-
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ronmental, or engineering data that come to the Sec-
retary’s attention. 
SEC. 123. LEASE SALES. 
(a) IN GENERAL.—Lands may be leased pursuant to 
this subtitle to any person qualified to obtain a lease for 
deposits 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 such 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 subtitle shall be by sealed competitive cash bonus bids. 
(d) ACREAGE MINIMUM IN FIRST SALE.—In the first 
lease sale under this subtitle, the Secretary shall offer for 
lease those tracts the Secretary considers to have the 
greatest potential for the discovery of hydrocarbons, tak-
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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) conduct the first lease sale under this sub-
title not later than 22 months after the date of the 
enactment of this Act; 
(2) evaluate the bids in such sale and issue 
leases resulting from such sale, not later than 90 
days after the date of the completion of such sale; 
and 
(3) conduct additional sales so long as sufficient 
interest in development exists to warrant, in the Sec-
retary’s judgment, the conduct of such sales. 
SEC. 124. GRANT OF LEASES BY THE SECRETARY. 
(a) IN GENERAL.—The Secretary may grant to the 
highest responsible qualified bidder in a lease sale con-
ducted pursuant to section 123 any lands to be leased on 
the Coastal Plain upon payment by the lessee of such 
bonus as may be accepted by the Secretary. 
(b) SUBSEQUENT
TRANSFERS.—No lease issued 
under this subtitle may be sold, exchanged, assigned, sub-
let, or otherwise transferred except with the approval of 
the Secretary. Prior to any such approval, the Secretary 
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shall consult with, and give due consideration to the views 
of, the Attorney General. 
SEC. 125. LEASE TERMS AND CONDITIONS. 
An oil or gas lease issued pursuant to this subtitle 
shall— 
(1) provide for the payment of a royalty of not 
less than 121⁄2 percent in amount or value of the 
production removed or sold from the lease, as deter-
mined by the Secretary under the regulations appli-
cable to other Federal oil and gas leases; 
(2) provide that the Secretary may close, on a 
seasonal basis, portions of the Coastal Plain to ex-
ploratory drilling activities as necessary to protect 
caribou calving areas and other species of fish and 
wildlife; 
(3) require that the lessee of lands within the 
Coastal Plain shall be fully responsible and liable for 
the reclamation of lands within the Coastal Plain 
and any other Federal lands that are adversely af-
fected in connection with exploration, development, 
production, or transportation activities conducted 
under the lease and within the Coastal Plain by the 
lessee or by any of the subcontractors or agents of 
the lessee; 
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(4) provide that the lessee may not delegate or 
convey, by contract or otherwise, the reclamation re-
sponsibility and liability to another person without 
the express written approval of the Secretary; 
(5) provide that the standard of reclamation for 
lands required to be reclaimed under this subtitle 
shall be, as nearly as practicable, a condition capable 
of supporting the uses which the lands were capable 
of supporting prior to any exploration, development, 
or production activities, or upon application by the 
lessee, to a higher or better use as approved by the 
Secretary; 
(6) provide that the lessee, its agents, and its 
contractors use best efforts to provide a fair share, 
as determined by the level of obligation previously 
agreed to in the 1974 agreement implementing sec-
tion 29 of the Federal Agreement and Grant of 
Right of Way for the Operation of the Trans-Alaska 
Pipeline, of employment and contracting for Alaska 
Natives and Alaska Native Corporations from 
throughout the State; 
(7) prohibit the export of oil produced under 
the lease; and 
(8) contain such other provisions as the Sec-
retary determines necessary to ensure compliance 
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with the provisions of this subtitle and the regula-
tions issued under this subtitle. 
SEC. 126. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 
(a) NO SIGNIFICANT ADVERSE EFFECT STANDARD 
TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 
The Secretary shall, consistent with the requirements of 
section 122, administer the provisions of this subtitle 
through regulations, lease terms, conditions, restrictions, 
prohibitions, stipulations, and other provisions that— 
(1) ensure the oil and gas exploration, develop-
ment, and production activities on the Coastal Plain 
will result in no significant adverse effect on fish 
and wildlife, their habitat, and the environment; 
(2) require the application of the best commer-
cially available technology for oil and gas explo-
ration, development, and production on all new ex-
ploration, development, and production operations; 
and 
(3) ensure that the maximum amount of sur-
face acreage covered by production and support fa-
cilities, including airstrips and any areas covered by 
gravel berms or piers for support of pipelines, does 
not exceed 2,000 acres on the Coastal Plain. 
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(b) SITE-SPECIFIC ASSESSMENT AND MITIGATION.— 
The Secretary shall also require, with respect to any pro-
posed drilling and related activities, that— 
(1) a site-specific analysis be made of the pos-
sible significant adverse effects, if any, that the drill-
ing or related activities will have on fish and wildlife, 
their habitat, subsistence resources, and the environ-
ment; 
(2) if the analysis under paragraph (1) results 
in a finding that a significant adverse effect prohib-
ited by subsection (a)(1) is likely to occur as a result 
of the proposed drilling or related activity, a plan be 
developed and implemented to avoid, minimize, and 
mitigate (in that order and to the extent practicable) 
the significant adverse effect in order to comply with 
such subsection; and 
(3) the development of a plan under paragraph 
(2) shall occur after consultation with the agency or 
agencies having jurisdiction over matters covered by 
the plan. 
(c) REGULATIONS TO PROTECT COASTAL PLAIN 
FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 
AND THE ENVIRONMENT.—Before implementing the leas-
ing program authorized by this subtitle, the Secretary 
shall prepare and promulgate regulations, lease terms, 
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conditions, restrictions, prohibitions, stipulations, and 
other measures designed to ensure that the activities un-
dertaken on the Coastal Plain under this subtitle are con-
ducted in a manner consistent with the purposes and envi-
ronmental requirements of this subtitle. 
(d) COMPLIANCE WITH FEDERAL AND STATE ENVI-
RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 
proposed regulations, lease terms, conditions, restrictions, 
prohibitions, and stipulations for the leasing program 
under this subtitle shall require compliance with all appli-
cable provisions of Federal and State environmental law, 
and shall also require the following: 
(1) Standards at least as effective as the safety 
and environmental mitigation measures set forth in 
items 1 through 29 at pages 167 through 169 of the 
‘‘Final Legislative Environmental Impact State-
ment’’ (April 1987) on the Coastal Plain. 
(2) Seasonal limitations on exploration, develop-
ment, and related activities, where necessary, to 
avoid significant adverse effects during periods of 
concentrated fish and wildlife breeding, denning, 
nesting, spawning, and migration. 
(3) That exploration activities, except for sur-
face geological studies, be limited to the period be-
tween approximately November 1 and May 1 each 
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year and that exploration activities shall be sup-
ported, if necessary, by ice roads, winter trails with 
adequate snow cover, ice pads, ice airstrips, and air 
transport methods, except that such exploration ac-
tivities may occur at other times if the Secretary 
finds that such exploration will have no significant 
adverse effect on the fish and wildlife, their habitat, 
and the environment of the Coastal Plain. 
(4) Design safety and construction standards 
for all pipelines and any access and service roads, 
that— 
(A) minimize, to the maximum extent pos-
sible, adverse effects upon the passage of mi-
gratory species such as caribou; and 
(B) minimize adverse effects upon the flow 
of surface water by requiring the use of cul-
verts, bridges, and other structural devices. 
(5) Prohibitions on general public access and 
use on all pipeline access and service roads. 
(6) Stringent reclamation and rehabilitation re-
quirements, consistent with the standards set forth 
in this subtitle, requiring the removal from the 
Coastal Plain of all oil and gas development and 
production facilities, structures, and equipment upon 
completion of oil and gas production operations, ex-
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cept that the Secretary may exempt from the re-
quirements of this paragraph those facilities, struc-
tures, or equipment that the Secretary determines 
would assist in the management of the Arctic Na-
tional Wildlife Refuge and that are donated to the 
United States for that purpose. 
(7) Appropriate prohibitions or restrictions on 
access by all modes of transportation. 
(8) Appropriate prohibitions or restrictions on 
sand and gravel extraction. 
(9) Consolidation of facility siting. 
(10) Appropriate prohibitions or restrictions on 
use of explosives. 
(11) Avoidance, to the extent practicable, of 
springs, streams, and river systems; the protection 
of natural surface drainage patterns, wetlands, and 
riparian habitats; and the regulation of methods or 
techniques for developing or transporting adequate 
supplies of water for exploratory drilling. 
(12) Avoidance or minimization of air traffic-re-
lated disturbance to fish and wildlife. 
(13) 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-
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ardous materials tracking system, and a prohibition 
on chlorinated solvents, in accordance with applica-
ble Federal and State environmental law. 
(14) Fuel storage and oil spill contingency plan-
ning. 
(15) Research, monitoring, and reporting re-
quirements. 
(16) Field crew environmental briefings. 
(17) Avoidance of significant adverse effects 
upon subsistence hunting, fishing, and trapping by 
subsistence users. 
(18) Compliance with applicable air and water 
quality standards. 
(19) Appropriate seasonal and safety zone des-
ignations around well sites, within which subsistence 
hunting and trapping shall be limited. 
(20) Reasonable stipulations for protection of 
cultural and archeological resources. 
(21) 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: 
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(1) The stipulations and conditions that govern 
the National Petroleum Reserve-Alaska leasing pro-
gram, as set forth in the 1999 Northeast National 
Petroleum Reserve-Alaska Final Integrated Activity 
Plan/Environmental Impact Statement. 
(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. 
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(B) Encouraging consolidation of common 
facilities and activities. 
(C) Locating or confining facilities and ac-
tivities to areas that will minimize impact on 
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 in 
accordance with subsections (a) and (b) of section 
811 of the Alaska National Interest Lands Con-
servation 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. 127. EXPEDITED JUDICIAL REVIEW. 
(a) FILING OF COMPLAINT.— 
(1) DEADLINE.—Subject to paragraph (2), any 
complaint seeking judicial review of any provision of 
this subtitle or any action of the Secretary under 
this subtitle shall be filed— 
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emcdonald on DSK5VPTVN1PROD with BILLS
(A) except as provided in subparagraph 
(B), within the 60-day period beginning on the 
date of the action being challenged; or 
(B) in the case of a complaint based solely 
on grounds arising after such period, within 60 
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 District Court 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 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-
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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 
obtained under this section shall not be subject to judicial 
review in any civil or criminal proceeding for enforcement. 
SEC. 128. 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) 50 percent shall be paid to the State of 
Alaska; and 
(2) except as provided in section 131(d), the 
balance shall be deposited in the Treasury. 
(b) PAYMENTS TO ALASKA.—Payments to the State 
of Alaska under this section shall be made semiannually. 
SEC. 129. 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-
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emcdonald on DSK5VPTVN1PROD with BILLS
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 122(g) provisions regarding the 
granting of rights-of-way and easements described in sub-
section (a) of this section. 
SEC. 130. 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-
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emcdonald on DSK5VPTVN1PROD with BILLS
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. 131. 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 
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such committee or committees shall be automatically dis-
charged from further consideration of the resolution and 
it shall be placed on the appropriate calendar. A vote on 
final passage of the resolution shall be taken on or before 
the close of the 15th legislative day after the resolution 
is reported by the committee or committees to which it 
was referred, or after such committee or committees have 
been discharged from further consideration of the resolu-
tion. 
‘‘(2)(A) A motion in the House of Representatives to 
proceed to the consideration of a resolution shall be privi-
leged and not debatable. An amendment to the motion 
shall not be in order, nor shall it be in order to move to 
reconsider the vote by which the motion is agreed to or 
disagreed to. 
‘‘(B) Debate in the House of Representatives on a 
resolution shall be limited to not more than two hours, 
which shall be divided equally between those favoring and 
those opposing the resolution. A motion to further limit 
debate shall not be debatable. No amendment to, or mo-
tion to recommit, the resolution shall be in order. It shall 
not be in order to reconsider the vote by which a resolution 
is agreed to or disagreed to. 
‘‘(C) Motions to postpone, made in the House of Rep-
resentatives with respect to the consideration of a resolu-
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