I 
112TH CONGRESS 
1ST SESSION H. R. 1287 
To stimulate the economy, produce domestic energy, and create jobs at no 
cost to the taxpayers, and without borrowing money from foreign govern-
ments for which our children and grandchildren will be responsible, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 31, 2011 
Mr. BISHOP of Utah (for himself, Mrs. BLACKBURN, Mr. BROUN of Georgia, 
Mr. BURTON of Indiana, Mr. CARTER, Mr. COFFMAN of Colorado, Mr. 
DUNCAN of Tennessee, Mr. FLEMING, Mr. GALLEGLY, Mr. HARRIS, Mr. 
HELLER, Mr. HERGER, Mr. HUELSKAMP, Mr. JOHNSON of Ohio, Mr. 
LANDRY, Mr. LATTA, Mr. LAMBORN, Mrs. LUMMIS, Mrs. MCMORRIS 
RODGERS, Mr. NUNES, Mr. PEARCE, Mr. PENCE, Mr. POSEY, Mr. ROE 
of Tennessee, Mr. SIMPSON, Mr. WALBERG, and Mr. YOUNG of Alaska) 
introduced the following bill; which was referred to the Committee on 
Natural Resources, and in addition to the Committees on the Judiciary, 
Energy and Commerce, Science, Space, and Technology, and Transpor-
tation and Infrastructure, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To stimulate the economy, produce domestic energy, and 
create jobs at no cost to the taxpayers, and without 
borrowing money from foreign governments for which 
our children and grandchildren will be responsible, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘3– 
D, Domestic Jobs, Domestic Energy, and Deficit Reduc-
tion Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—OUTER CONTINENTAL SHELF LEASING 
Sec. 101. Leasing program considered approved. 
Sec. 102. Lease sales. 
Sec. 103. Applications for permits to drill. 
Sec. 104. Lease sales for certain areas. 
TITLE II—LEASING PROGRAM FOR LAND WITHIN COASTAL PLAIN 
Sec. 201. Definitions. 
Sec. 202. Leasing program for land within the Coastal Plain. 
Sec. 203. Lease sales. 
Sec. 204. Grant of leases by the Secretary. 
Sec. 205. Lease terms and conditions. 
Sec. 206. Coastal plain environmental protection. 
Sec. 207. Expedited judicial review. 
Sec. 208. Rights-of-way across the Coastal plain. 
Sec. 209. Conveyance. 
Sec. 210. ANWR Alternative Energy Trust Fund. 
TITLE III—REGULATORY STREAMLINING 
Sec. 301. Commercial leasing program for oil shale resources on public land. 
Sec. 302. Jurisdiction over covered energy projects. 
Sec. 303. Environmental impact statements. 
Sec. 304. Clean air regulation. 
Sec. 305. Employment effects of actions under Clean Air Act. 
Sec. 306. Endangered species. 
Sec. 307. Reissuance of permits and leases. 
Sec. 308. Central Valley Project. 
Sec. 309. Keystone XL pipeline. 
Sec. 310. Beaufort Sea oil drilling project. 
Sec. 311. Environmental legal fees. 
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chasing 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 a planning area 
under this section, not later than 2 years after the date 
of enactment of the determination and every 2 years there-
after, the Secretary shall— 
(1) determine whether there is a commercial in-
terest in purchasing Federal oil and gas leases for 
production on the outer Continental Shelf in the 
planning area; and 
(2) if the Secretary determines that there is a 
commercial interest described in subsection (a), con-
duct a lease sale in the planning area. 
(c) EXCLUSION FROM 5-YEAR LEASE PROGRAM.— 
If a planning area for which there is a commercial interest 
described in subsection (a) was not included in a 5-year 
lease program, the Secretary shall include leasing in the 
planning area in the subsequent 5-year lease program. 
(d) PETITIONS.—If a person petitions the Secretary 
to conduct a lease sale for an outer Continental Shelf plan-
ning area in which the person has a commercial interest, 
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the date the application is submitted to the Sec-
retary.’’. 
SEC. 104. LEASE SALES FOR CERTAIN AREAS. 
(a) IN GENERAL.—As soon as practicable but not 
later than 1 year after the date of enactment of this Act, 
the Secretary of the Interior shall hold— 
(1) Lease Sale 216 for areas in the Central 
Gulf of Mexico; 
(2) Lease Sale 218 for areas in the Western 
Gulf of Mexico; 
(3) Lease Sale 220 for areas offshore the State 
of Virginia; and 
(4) Lease Sale 222 for areas in the Central 
Gulf of Mexico. 
(b) COMPLIANCE WITH OTHER LAWS.—For pur-
poses of the Lease Sales described in subsection (a), the 
Environmental Impact Statement for the 2007–2015-Year 
OCS Plan and the applicable Multi-Sale Environmental 
Impact Statement shall be considered to satisfy the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
(c) ENERGY PROJECTS IN THE GULF OF MEXICO.— 
(1) JURISDICTION.—The United States Court 
of Appeals for the Fifth Circuit shall have exclusive 
jurisdiction over challenges to offshore energy 
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projects and permits to drill carried out in the Gulf 
of Mexico. 
(2) FILING
DEADLINE.—Any civil action to 
challenge a project or permit described in paragraph 
(1) shall be filed not later than 60 days after the 
date of approval of the project or the issuance of the 
permit. 
TITLE 
II—LEASING 
PROGRAM 
FOR LAND WITHIN COASTAL 
PLAIN 
SEC. 201. DEFINITIONS. 
In this title: 
(1) COASTAL
PLAIN.—The term ‘‘Coastal 
Plain’’ means that area identified as the ‘‘1002 
Coastal Plain Area’’ on the map. 
(2) FEDERAL AGREEMENT.—The term ‘‘Fed-
eral Agreement’’ means the Federal Agreement and 
Grant Right-of-Way for the Trans-Alaska Pipeline 
issued on January 23, 1974, in accordance with sec-
tion 28 of the Mineral Leasing Act (30 U.S.C. 185) 
and the Trans-Alaska Pipeline Authorization Act 
(43 U.S.C. 1651 et seq.). 
(3) FINAL
STATEMENT.—The term ‘‘Final 
Statement’’ means the final legislative environmental 
impact statement on the Coastal Plain, dated April 
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1987, and prepared pursuant to section 1002 of the 
Alaska National Interest Lands Conservation Act 
(16 U.S.C. 3142) and section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)). 
(4) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Arctic National Wildlife Refuge’’, dated Sep-
tember 2005, and prepared by the United States Ge-
ological Survey. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior (or the designee of the 
Secretary), acting through the Director of the Bu-
reau of Land Management, in consultation with the 
Director of the United States Fish and Wildlife 
Service. 
SEC. 202. LEASING PROGRAM FOR LAND WITHIN THE 
COASTAL PLAIN. 
(a) IN GENERAL.—The Secretary shall take such ac-
tions as are necessary— 
(1) to establish and implement, in accordance 
with this title, a competitive oil and gas leasing pro-
gram that will result in an environmentally sound 
program for the exploration, development, and pro-
duction of the oil and gas resources of the Coastal 
Plain; and 
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(2) to administer this title through regulations, 
lease terms, conditions, restrictions, prohibitions, 
stipulations, and other provisions that— 
(A) ensure the oil and gas exploration, de-
velopment, and production activities on the 
Coastal Plain will result in no significant ad-
verse effect on fish and wildlife, their habitat, 
subsistence resources, and the environment; and 
(B) require the application of the best 
commercially available technology for oil and 
gas exploration, development, and production to 
all exploration, development, and production op-
erations under this title in a manner that en-
sures the receipt of fair market value by the 
public for the mineral resources to be leased. 
(b) REPEAL.— 
(1) REPEAL.—Section 1003 of the Alaska Na-
tional Interest Lands Conservation Act of 1980 (16 
U.S.C. 3143) is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
contents contained in section 1 of that Act (16 
U.S.C. 3101 note) is amended by striking the item 
relating to section 1003. 
(3) COMPLIANCE WITH NEPA FOR OTHER AC-
TIONS.— 
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(A) IN GENERAL.—Before conducting the 
first lease sale under this title, the Secretary 
shall prepare an environmental impact state-
ment in accordance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) with respect to the actions authorized by 
this title that are not referred to in paragraph 
(2). 
(B) IDENTIFICATION
AND
ANALYSIS.— 
Notwithstanding any other provision of law, in 
carrying out this paragraph, the Secretary shall 
not be required— 
(i) to identify nonleasing alternative 
courses of action; or 
(ii) to analyze the environmental ef-
fects of those courses of action. 
(C) IDENTIFICATION OF PREFERRED AC-
TION.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall— 
(i) identify only a preferred action and 
a single leasing alternative for the first 
lease sale authorized under this title; and 
(ii) analyze the environmental effects 
and potential mitigation measures for 
those 2 alternatives. 
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(D) PUBLIC COMMENTS.—In carrying out 
this paragraph, the Secretary shall consider 
only public comments that are filed not later 
than 20 days after the date of publication of a 
draft environmental impact statement. 
(E) EFFECT
OF
COMPLIANCE.—Notwith-
standing any other provision of law, compliance 
with this paragraph shall be considered to sat-
isfy all requirements for the analysis and con-
sideration of the environmental effects of pro-
posed leasing under this title. 
(c) RELATIONSHIP TO STATE AND LOCAL AUTHOR-
ITY.—Nothing in this title expands or limits any State or 
local regulatory authority. 
(d) SPECIAL AREAS.— 
(1) DESIGNATION.— 
(A) IN
GENERAL.—The Secretary, after 
consultation with the State of Alaska, the 
North Slope Borough, Alaska, and the City of 
Kaktovik, Alaska, may designate not more than 
45,000 acres of the Coastal Plain as a special 
area if the Secretary determines that the special 
area would be of such unique character and in-
terest as to require special management and 
regulatory protection. 
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(B) SADLEROCHIT
SPRING
AREA.—The 
Secretary shall designate as a special area in 
accordance 
with 
subparagraph 
(A) 
the 
Sadlerochit Spring area, comprising approxi-
mately 4,000 acres as depicted on the map. 
(2) MANAGEMENT.—The Secretary shall man-
age each special area designated under this sub-
section in a manner that preserves the unique and 
diverse character of the area, including fish, wildlife, 
subsistence resources, and cultural values of the 
area. 
(3) EXCLUSION
FROM
LEASING
OR
SURFACE 
OCCUPANCY.— 
(A) IN GENERAL.—The Secretary may ex-
clude any special area designated under this 
subsection from leasing. 
(B) NO SURFACE OCCUPANCY.—If the Sec-
retary leases all or a portion of a special area 
for the purposes of oil and gas exploration, de-
velopment, production, and related activities, 
there shall be no surface occupancy of the land 
comprising the special area. 
(4) DIRECTIONAL DRILLING.—Notwithstanding 
any other provision of this subsection, the Secretary 
may lease all or a portion of a special area under 
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terms that permit the use of horizontal drilling tech-
nology from sites on leases located outside the spe-
cial area. 
(e) LIMITATION ON CLOSED AREAS.—The Secretary 
may not close land within the Coastal Plain to oil and gas 
leasing or to exploration, development, or production ex-
cept in accordance with this title. 
(f) REGULATIONS.— 
(1) IN GENERAL.—Not later than 15 months 
after the date of enactment of this Act, the Sec-
retary shall promulgate such regulations as are nec-
essary to carry out this title, including rules and 
regulations relating to protection of the fish and 
wildlife, fish and wildlife habitat, subsistence re-
sources, and environment of the Coastal Plain. 
(2) REVISION
OF
REGULATIONS.—The Sec-
retary shall periodically review and, as appropriate, 
revise the rules and regulations issued under para-
graph (1) to reflect any significant biological, envi-
ronmental, scientific or engineering data that come 
to the attention of the Secretary. 
SEC. 203. LEASE SALES. 
(a) IN GENERAL.—Land may be leased pursuant to 
this title to any person qualified to obtain a lease for de-
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posits of oil and gas under the Mineral Leasing Act (30 
U.S.C. 181 et seq.). 
(b) PROCEDURES.—The Secretary shall, by regula-
tion, establish procedures for— 
(1) receipt and consideration of sealed nomina-
tions for any area in the Coastal Plain for inclusion 
in, or exclusion (as provided in subsection (c)) from, 
a lease sale; 
(2) the holding of lease sales after that nomina-
tion process; and 
(3) public notice of and comment on designa-
tion of areas to be included in, or excluded from, a 
lease sale. 
(c) LEASE SALE BIDS.—Bidding for leases under 
this title shall be by sealed competitive cash bonus bids. 
(d) ACREAGE MINIMUM IN FIRST SALE.—For the 
first lease sale under this title, the Secretary shall offer 
for lease those tracts the Secretary considers to have the 
greatest potential for the discovery of hydrocarbons, tak-
ing into consideration nominations received pursuant to 
subsection (b)(1), but in no case less than 200,000 acres. 
(e) TIMING
OF
LEASE
SALES.—The Secretary 
shall— 
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(1) not later than 22 months after the date of 
enactment of this Act, conduct the first lease sale 
under this title; 
(2) not later than 90 days after the date of the 
completion of the sale, evaluate the bids in the sale 
and issue leases resulting from the sale; and 
(3) conduct additional sales at appropriate in-
tervals if sufficient interest in exploration or devel-
opment exists to warrant the conduct of the addi-
tional sales. 
SEC. 204. GRANT OF LEASES BY THE SECRETARY. 
(a) IN GENERAL.—On payment by a lessee of such 
bonus as may be accepted by the Secretary, the Secretary 
may grant to the highest responsible qualified bidder in 
a lease sale conducted pursuant to section 203 a lease for 
any land on the Coastal Plain. 
(b) SUBSEQUENT TRANSFERS.— 
(1) IN GENERAL.—No lease issued under this 
title may be sold, exchanged, assigned, sublet, or 
otherwise transferred except with the approval of the 
Secretary. 
(2) CONDITION FOR APPROVAL.—Before grant-
ing any approval described in paragraph (1), the 
Secretary shall consult with and give due consider-
ation to the opinion of the Attorney General. 
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and gas development and production facilities, 
structures, and equipment on completion of oil 
and gas production operations, except in a case 
in which the Secretary determines that those 
facilities, structures, or equipment— 
(i) would assist in the management of 
the Arctic National Wildlife Refuge; and 
(ii) are donated to the United States 
for that purpose; 
(F) appropriate prohibitions or restrictions 
on— 
(i) access by all modes of transpor-
tation; 
(ii) sand and gravel extraction; and 
(iii) use of explosives; 
(G) reasonable stipulations for protection 
of cultural and archaeological resources; 
(H) measures to protect groundwater and 
surface water, including— 
(i) avoidance, to the maximum extent 
practicable, of springs, streams, and river 
systems; 
(ii) the protection of natural surface 
drainage patterns and wetland and ripar-
ian habitats; and 
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