(2) Section 1324(b)(2) of title 31, United 
States Code, is amended by inserting ‘‘, 36,’’ after 
‘‘section 35’’. 
(3) The table of sections for subpart C of part 
IV of subchapter A of chapter 1 of the Internal Rev-
enue Code of 1986 is amended by redesignating the 
item relating to section 36 as an item relating to 
section 37 and by inserting before such item the fol-
lowing new item: 
‘‘Sec. 36. Automobile efficiency upgrade credit.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
TITLE II—FUNDING THROUGH 
DOMESTIC PRODUCTION 
SEC. 201. ENERGY VISION FUND. 
(a) ESTABLISHMENT
OF FUND.—There is estab-
lished in the Treasury a separate account which shall be 
known as the Energy View Into Securing Independence 
for Our Nation Trust Fund and may be referred to as 
the ‘‘Energy VISION Fund’’. 
(b) CONTENTS.—There shall be deposited into the 
Fund such amounts as are provided under this title and 
the amendments made by this title. 
(c) USE.—Amounts in the Fund shall be available, 
to the extent provided in appropriation Acts, to carry out 
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this Act, subject to any limitation in this Act on appro-
priations. 
Subtitle A—Outer Continental 
Shelf 
SEC. 211. TERMINATING LAWS PROHIBITING FEDERAL 
SPENDING FOR OUTER CONTINENTAL SHELF 
LEASING ACTIVITIES. 
All provisions of existing Federal law prohibiting the 
spending of appropriated funds to conduct oil and natural 
gas leasing and preleasing activities for any area of the 
Outer Continental Shelf shall have no force or effect. 
SEC. 212. REVOCATION OF EXISTING PRESIDENTIAL WITH-
DRAWALS. 
All withdrawals of Federal submerged lands of the 
Outer Continental Shelf from leasing, including with-
drawals by the President under the authority of section 
12(a) of the Outer Continental 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U.S.C. 1341(a)), are hereby revoked and are no longer 
in effect with respect to the leasing of areas for explo-
ration for, and development and production of, oil, and 
natural gas. 
SEC. 213. REVOCATION OF EXISTING PRESIDENTIAL AU-
THORITY. 
All authorities given to the President with respect to 
the leasing of Federal submerged lands of the Outer Con-
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tinental Shelf, given under section 12(a) of the Outer Con-
tinental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby 
revoked, except in the interest of national security. 
SEC. 214. AVAILABILITY OF CERTAIN AREAS FOR LEASING. 
Section 8 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1337) is amended by adding at the end the 
following: 
‘‘(q) AVAILABILITY OF CERTAIN AREAS FOR LEAS-
ING.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) GOVERNOR.—The term ‘Governor’ 
means the Governor of a State. 
‘‘(B) QUALIFIED
REVENUES.—The term 
‘qualified revenues’ means all rentals, royalties, 
bonus bids, and other sums due and payable to 
the United States under leases entered into on 
or after the date of enactment of this sub-
section for natural gas exploration and extrac-
tion activities authorized by the Secretary pur-
suant to petitions under paragraph (2). 
‘‘(2) PETITION.— 
‘‘(A) IN
GENERAL.—The Governor of a 
State may submit to the Secretary a petition 
requesting that the Secretary issue leases au-
thorizing the conduct of oil and natural gas ex-
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ploration and extraction activities in any area 
off the coast of that State that is at least 50 
miles beyond the coast of the State. 
‘‘(B) CONTENTS.—In any petition under 
subparagraph (A), the Governor shall include a 
detailed plan of the proposed exploration and 
extraction activities, as applicable. 
‘‘(3) ACTION BY SECRETARY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (D), as soon as practicable after the date 
of receipt of a petition under paragraph (2)(A), 
the Secretary shall approve or deny the petition. 
‘‘(B) REQUIREMENTS
FOR
EXPLORATION 
AND EXTRACTION.—The Secretary shall not ap-
prove a petition submitted under paragraph 
(2)(A) by the Governor of a State unless the 
State enacts legislation supporting exploration 
and extraction of oil and natural gas in the 
area, off the coast of the State, for which the 
petition is submitted. 
‘‘(C) CONSISTENCY WITH LEGISLATION.— 
The plan provided in the petition under para-
graph (2)(B) shall be consistent with the legis-
lation described in subparagraph (B) as appli-
cable. 
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‘‘(D) CONFLICTS
WITH
MILITARY
OPER-
ATIONS
AND
NATIONAL
SECURITY.—The Sec-
retary shall not approve a petition for a drilling 
activity under this paragraph if the drilling ac-
tivity would conflict with any military operation 
or national security, as determined by the 
President. 
‘‘(4) DISPOSITION
OF
REVENUES.—Notwith-
standing section 9, for each applicable fiscal year, 
the Secretary of the Treasury shall— 
‘‘(A) deposit 50 percent of qualified reve-
nues in the Energy VISION Fund established 
by section 201 of the Energy View Into Secur-
ing Independence for Our Nation Act; 
‘‘(B) pay to a State 45 percent of the 
qualified revenues for leases issued pursuant to 
a petition submitted under paragraph (2) by 
the Governor of the State; and 
‘‘(C) deposit 5 percent into a separate ac-
count in the Treasury that shall be available to 
the Secretary of the Interior and the Adminis-
trator of the Environmental Protection Agency 
to mitigate for any environmental damage that 
occurs as a result of extraction activities au-
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thorized under this subsection, regardless of 
whether the damage is— 
‘‘(i) reasonable foreseeable; or 
‘‘(ii) caused by negligence, natural 
disasters, or other acts. 
‘‘(5) EXISTING LEASES.—Any funds that would 
be received by the United States as royalties under 
any Federal oil and gas lease of an area on the 
Outer Continental Shelf within 50 miles of the 
coastal zone of the State of Texas, Louisiana, Mis-
sissippi, or Alabama that is in effect on the date of 
enactment of the Energy View Into Securing Inde-
pendence for Our Nation Act shall be paid to that 
State if the State enacts a statute that establishes 
a plan for expenditure of those funds.’’. 
Subtitle B—Drilling for Energy in 
the Arctic Now 
SEC. 221. 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. 
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SEC. 222. 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 
(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 
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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 of 1980 (16 
U.S.C. 3143) is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
contents in section 1 of such Act is amended by 
striking the item relating to section 1003. 
(c) COMPLIANCE WITH REQUIREMENTS UNDER CER-
TAIN OTHER LAWS.— 
(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 
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the Alaska National Interest Lands Conservation 
Act of 1980 (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 re-
quirements under the National Environmental Policy 
Act of 1969 that apply with respect to prelease ac-
tivities, including actions authorized to be taken by 
the Secretary to develop and promulgate the regula-
tions for the establishment of a leasing program au-
thorized by this subtitle before the conduct of the 
first lease sale. 
(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 Act that are not referred to 
in paragraph (2). Notwithstanding any other law, 
the Secretary is not required to identify nonleasing 
alternative courses of action or to analyze the envi-
ronmental effects of such courses of action. The Sec-
retary shall only identify a preferred action for such 
leasing and a single leasing alternative, and analyze 
the environmental effects and potential mitigation 
measures for those two alternatives. The identifica-
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tion of the preferred action and related analysis for 
the first lease sale under this subtitle shall be com-
pleted within 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 environmental analysis. Not-
withstanding any other law, compliance with this 
paragraph is deemed to satisfy all requirements for 
the analysis and consideration 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 and 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. 
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(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. If the Secretary leases a Spe-
cial Area, or any part thereof, for purposes of oil 
and gas exploration, development, production, and 
related activities, there shall be no surface occu-
pancy 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, and production is that set forth in this subtitle. 
(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-
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lating to protection of the fish and wildlife, their 
habitat, subsistence resources, and environment of 
the Coastal Plain, by no 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-
ronmental, or engineering data that come to the Sec-
retary’s attention. 
SEC. 223. 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 under this subtitle 
after such nomination process; and 
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(3) public notice of and comment on designa-
tion of areas to be included in, or excluded from, a 
lease sale under this subtitle. 
(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-
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 within 22 months after the date of the enact-
ment of this Act; and 
(2) 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. 224. 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 223 any lands to be leased on 
the Coastal Plain upon payment by the lessee of such 
bonus as may be accepted by the Secretary. 
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(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 
shall consult with, and give due consideration to the views 
of, the Attorney General. 
SEC. 225. LEASE TERMS AND CONDITIONS. 
An oil or gas lease issued pursuant to this subtitle 
shall— 
(1) provide for the payment to the United 
States of a royalty of not less than 121⁄2 percent in 
amount or value of the production removed or sold 
from the lease, as determined by the Secretary 
under the regulations applicable to other Federal oil 
and gas leases; 
(2) 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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(3) 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; 
(4) 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; 
(5) include requirements and restrictions to 
provide for reasonable protection of fish and wildlife, 
their habitat, subsistence resources, and the environ-
ment as determined by the Secretary; 
(6) prohibit the export of oil produced under 
the lease; and 
(7) contain such other provisions as the Sec-
retary determines necessary to ensure compliance 
with the provisions of this subtitle and the regula-
tions issued under this subtitle. 
SEC. 226. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 
(a) NO SIGNIFICANT ADVERSE EFFECT STANDARD 
TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 
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The Secretary shall, consistent with the requirements of 
section 222, 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. 
(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 prob-
able effects, if any, that the drilling or related activi-
ties will have on fish and wildlife, their habitat, sub-
sistence resources, and the environment; 
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(2) a plan be implemented to avoid, minimize, 
and mitigate (in that order and to the extent prac-
ticable) any significant adverse effect identified 
under paragraph (1); and 
(3) the development of the plan shall occur 
after consultation with the agency or agencies hav-
ing jurisdiction over matters mitigated 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, 
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: 
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(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) 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. 
(4) Prohibitions on general public access and 
use on all pipeline access and service roads. 
(5) 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 
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production facilities, structures, and equipment upon 
completion of oil and gas production operations, ex-
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. 
(6) Appropriate prohibitions or restrictions on 
access by all modes of transportation. 
(7) Appropriate prohibitions or restrictions on 
sand and gravel extraction. 
(8) Consolidation of facility siting. 
(9) Appropriate prohibitions or restrictions on 
use of explosives. 
(10) Avoidance, to the extent practicable, of 
springs, streams, and river system; the protection of 
natural surface drainage patterns, wetlands, and ri-
parian habitats; and the regulation of methods or 
techniques for developing or transporting adequate 
supplies of water for exploratory drilling. 
(11) Avoidance or minimization of air traffic-re-
lated disturbance to fish and wildlife. 
(12) Treatment and disposal of hazardous and 
toxic wastes, solid wastes, reserve pit fluids, drilling 
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muds and cuttings, and domestic wastewater, includ-
ing an annual waste management report, a haz-
ardous materials tracking system, and a prohibition 
on chlorinated solvents, in accordance with applica-
ble Federal and State environmental law. 
(13) Fuel storage and oil spill contingency plan-
ning. 
(14) Research, monitoring, and reporting re-
quirements. 
(15) Field crew environmental briefings. 
(16) Avoidance of significant adverse effects 
upon subsistence hunting, fishing, and trapping by 
subsistence users. 
(17) Compliance with applicable air and water 
quality standards. 
(18) Appropriate seasonal and safety zone des-
ignations around well sites, within which subsistence 
hunting and trapping shall be limited. 
(19) Reasonable stipulations for protection of 
cultural and archeological resources. 
(20) All other protective environmental stipula-
tions, restrictions, terms, and conditions deemed 
necessary by the Secretary. 
(e) CONSIDERATIONS.—In preparing and promul-
gating regulations, lease terms, conditions, restrictions, 
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prohibitions, and stipulations under this section, the Sec-
retary shall consider the following: 
(1) The stipulations and conditions that govern 
the National Petroleum Reserve—Alaska leasing 
program, as set forth in the 1999 Northeast Na-
tional Petroleum Reserve—Alaska Final Integrated 
Activity Plan/Environmental Impact Statement. 
(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: 
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(A) Avoiding unnecessary duplication of fa-
cilities and activities. 
(B) Encouraging consolidation of common 
facilities and activities. 
(C) Locating or confining facilities and ac-
tivities to areas that will minimize impact on 
fish and wildlife, their habitat, and the environ-
ment. 
(D) Utilizing existing facilities wherever 
practicable. 
(E) Enhancing compatibility between wild-
life values and development activities. 
(g) ACCESS
TO PUBLIC LANDS.—The Secretary 
shall— 
(1) manage public lands in the Coastal Plain 
subject to subsections (a) and (b) of section 811 of 
the Alaska National Interest Lands Conservation 
Act (16 U.S.C. 3121); and 
(2) ensure that local residents shall have rea-
sonable access to public lands in the Coastal Plain 
for traditional uses. 
SEC. 227. EXPEDITED JUDICIAL REVIEW. 
(a) FILING OF COMPLAINT.— 
(1) DEADLINE.—Subject to paragraph (2), any 
complaint seeking judicial review of any provision of 
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this Act or any action of the Secretary under this 
subtitle shall be filed— 
(A) except as provided in subparagraph 
(B), within the 90-day period beginning on the 
date of the action being challenged; or 
(B) in the case of a complaint based solely 
on grounds arising after such period, within 90 
days after the complainant knew or reasonably 
should have known of the grounds for the com-
plaint. 
(2) VENUE.—Any complaint seeking judicial re-
view of any provision of this subtitle or any action 
of the Secretary under this subtitle may be filed only 
in the United States Court of Appeals for the Dis-
trict of Columbia. 
(3) LIMITATION
ON
SCOPE
OF
CERTAIN
RE-
VIEW.—Judicial review of a Secretarial decision to 
conduct a lease sale under this subtitle, including 
the environmental analysis thereof, shall be limited 
to whether the Secretary has complied with the 
terms of this subtitle and shall be based upon the 
administrative record of that decision. The Sec-
retary’s identification of a preferred course of action 
to enable leasing to proceed and the Secretary’s 
analysis of environmental effects under this subtitle 
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shall be presumed to be correct unless shown other-
wise by clear and convincing evidence to the con-
trary. 
(b) LIMITATION ON OTHER REVIEW.—Actions of the 
Secretary with respect to which review could have been 
obtained under this section shall not be subject to judicial 
review in any civil or criminal proceeding for enforcement. 
SEC. 228. FEDERAL AND STATE DISTRIBUTION OF REVE-
NUES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, of the amount of adjusted bonus, rental, and 
royalty revenues from Federal oil and gas leasing and op-
erations authorized under this subtitle— 
(1) 45 percent shall be paid to the State of 
Alaska; 
(2) 50 percent shall be deposited into the En-
ergy VISION Fund established by section 201; 
(3) 5 percent shall be deposited into a separate 
account in the Treasury which shall be available to 
the Secretary of the Interior and the Administrator 
of the Environmental Protection Agency to mitigate 
for any environmental damage that occurs as a re-
sult of extraction activities authorized under this 
subtitle, regardless of whether the damage is— 
(A) reasonable foreseeable; or 
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(B) caused by negligence, natural disas-
ters, or other acts. 
(b) PAYMENTS TO ALASKA.—Payments to the State 
of Alaska under this section shall be made semiannually. 
SEC. 229. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 
(a) IN GENERAL.—The Secretary shall issue rights- 
of-way and easements across the Coastal Plain for the 
transportation of oil and gas— 
(1) except as provided in paragraph (2), under 
section 28 of the Mineral Leasing Act (30 U.S.C. 
185), without regard to title XI of the Alaska Na-
tional Interest Lands Conservation Act (30 U.S.C. 
3161 et seq.); and 
(2) under title XI of the Alaska National Inter-
est Lands Conservation Act (30 U.S.C. 3161 et 
seq.), for access authorized by sections 1110 and 
1111 of that Act (16 U.S.C. 3170 and 3171). 
(b) TERMS AND CONDITIONS.—The Secretary shall 
include in any right-of-way or easement issued under sub-
section (a) such terms and conditions as may be necessary 
to ensure that transportation of oil and gas does not result 
in a significant adverse effect on the fish and wildlife, sub-
sistence resources, their habitat, and the environment of 
the Coastal Plain, including requirements that facilities be 
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(2) in paragraph (2), deleting ‘‘Such hearing’’ 
and inserting, ‘‘If a hearing is held under paragraph 
(1), the hearing’’. 
(e) The amendments in this section shall apply to all 
applications and proceedings pending before the Commis-
sion on or after the date of enactment of this section. 
Subtitle D—Coal-To-Liquids 
SEC. 251. STANDBY LOANS FOR QUALIFYING COAL-TO-LIQ-
UIDS PROJECTS. 
Section 1702 of the Energy Policy Act of 2005 (42 
U.S.C. 16512) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(k) STANDBY
LOANS
FOR
QUALIFYING
CTL 
PROJECTS.— 
‘‘(1) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) CAP
PRICE.—The term ‘cap price’ 
means a market price specified in the standby 
loan agreement above which the project is re-
quired to make payments to the United States. 
‘‘(B) FULL TERM.—The term ‘full term’ 
means the full term of a standby loan agree-
ment, as specified in the agreement, which shall 
not exceed the lesser of 30 years or 90 percent 
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of the projected useful life of the project (as de-
termined by the Secretary). 
‘‘(C) MARKET PRICE.—The term ‘market 
price’ means the average quarterly price of a 
petroleum price index specified in the standby 
loan agreement. 
‘‘(D) MINIMUM
PRICE.—The term ‘min-
imum price’ means a market price specified in 
the standby loan agreement below which the 
United States is obligated to make disburse-
ments to the project. 
‘‘(E) OUTPUT.—The term ‘output’ means 
some or all of the liquid or gaseous transpor-
tation fuels produced from the project, as speci-
fied in the loan agreement. 
‘‘(F) PRIMARY TERM.—The term ‘primary 
term’ means the initial term of a standby loan 
agreement, as specified in the agreement, which 
shall not exceed the lesser of 20 years or 75 
percent of the projected useful life of the 
project (as determined by the Secretary). 
‘‘(G) QUALIFYING
CTL
PROJECT.—The 
term ‘qualifying CTL project’ means— 
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