SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Alaskan Energy for 
American Jobs Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(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) PEER
REVIEWED.—The term ‘‘peer re-
viewed’’ means reviewed— 
(A) by individuals chosen by the National 
Academy of Sciences with no contractual rela-
tionship with or those who have an application 
for a grant or other funding pending with the 
Federal agency with leasing jurisdiction; or 
(B) if individuals described in subpara-
graph (A) are not available, by the top individ-
uals in the specified biological fields, as deter-
mined by the National Academy of Sciences. 
(3) SECRETARY.—The term ‘‘Secretary’’, except 
as otherwise provided, means the Secretary of the 
Interior or the Secretary’s designee. 
SEC. 3. LEASING PROGRAM FOR LANDS WITHIN THE 
COASTAL PLAIN. 
(a) IN GENERAL.—The Secretary shall take such ac-
tions as are necessary— 
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(1) to establish and implement, in accordance 
with this Act 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 the exploration, development, and 
production of the oil and gas resources of the Coast-
al Plain; and 
(2) to administer the provisions of this Act 
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 Act in 
a manner that ensures the receipt of fair market 
value by the public for the mineral resources to be 
leased. 
(b) REPEAL OF EXISTING RESTRICTION.— 
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(1) REPEAL.—Section 1003 of the Alaska Na-
tional Interest Lands Conservation Act of 1980 (16 
U.S.C. 3143) is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
contents 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 
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 
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(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 under this Act, including actions authorized 
to be taken by the Secretary to develop and promul-
gate the regulations for the establishment of a leas-
ing program authorized by this Act before the con-
duct of the first lease sale. 
(3) COMPLIANCE WITH NEPA FOR OTHER AC-
TIONS.—Before conducting the first lease sale under 
this Act, 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-
tion of the preferred action and related analysis for 
the first lease sale under this Act shall be completed 
within 18 months after the date of enactment of this 
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Act. The Secretary shall only consider public com-
ments that specifically address the Secretary’s pre-
ferred action and that are filed within 20 days after 
publication of an environmental analysis. Notwith-
standing any other law, compliance with this para-
graph is deemed to satisfy all requirements for the 
analysis and consideration of the environmental ef-
fects of proposed leasing under this Act. 
(d) RELATIONSHIP TO STATE AND LOCAL AUTHOR-
ITY.—Nothing in this Act shall be considered to expand 
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. 
(2) MANAGEMENT.—Each such Special Area 
shall be managed so as to protect and preserve the 
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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 tracts located outside the 
Special 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 Act. 
(g) REGULATIONS.— 
(1) IN
GENERAL.—The Secretary shall pre-
scribe such regulations as may be necessary to carry 
out this Act, including regulations relating to protec-
tion of the fish and wildlife, their habitat, subsist-
ence resources, and environment of the Coastal 
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Plain, by no later than 15 months after the date of 
enactment of this Act. 
(2) REVISION
OF
REGULATIONS.—The Sec-
retary shall, through a rule making conducted in ac-
cordance with section 553 of title 5, United States 
Code, periodically review and, if appropriate, revise 
the regulations issued under subsection (a) to reflect 
a preponderance of the best available scientific evi-
dence that has been peer reviewed and obtained by 
following appropriate, documented scientific proce-
dures, the results of which can be repeated using 
those same procedures. 
SEC. 4. LEASE SALES. 
(a) IN GENERAL.—Lands may be leased under this 
Act 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 and no later than 180 days after the date of enact-
ment of this Act, establish procedures for— 
(1) receipt and consideration of sealed nomina-
tions for any area of the Coastal Plain for inclusion 
in, or exclusion (as provided in subsection (c)) from, 
a lease sale; 
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(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.—Lease sales under this Act 
may be conducted through an Internet leasing program, 
if the Secretary determines that such a system will result 
in savings to the taxpayer, an increase in the number of 
bidders participating, and higher returns than oral bidding 
or a sealed bidding system. 
(d) SALE ACREAGES AND SCHEDULE.— 
(1) The Secretary shall offer for lease under 
this Act those tracts the Secretary considers to have 
the greatest potential for the discovery of hydro-
carbons, taking into consideration nominations re-
ceived pursuant to subsection (b)(1). 
(2) The Secretary shall offer for lease under 
this Act no less than 50,000 acres for lease within 
22 months after the date of the enactment of this 
Act. 
(3) The Secretary shall offer for lease under 
this Act no less than an additional 50,000 acres at 
6-, 12-, and 18-month intervals following offering 
under paragraph (2). 
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(4) The Secretary shall conduct four additional 
sales under the same terms and schedule no later 
than two years after the date of the last sale under 
paragraph (3), if sufficient interest in leasing exists 
to warrant, in the Secretary’s judgment, the conduct 
of such sales. 
(5) The Secretary shall evaluate the bids in 
each sale and issue leases resulting from such sales, 
within 90 days after the date of the completion of 
such sale. 
SEC. 5. 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 under section 4 any lands to be leased on the 
Coastal Plain upon payment by the such bidder of such 
bonus as may be accepted by the Secretary. 
(b) SUBSEQUENT
TRANSFERS.—No lease issued 
under this Act may be sold, exchanged, assigned, sublet, 
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. 6. LEASE TERMS AND CONDITIONS. 
(a) IN GENERAL.—An oil or gas lease issued under 
this Act shall— 
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(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 under the lease, as de-
termined by the Secretary under the regulations ap-
plicable 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 based on a preponderance of the best avail-
able scientific evidence that has been peer reviewed 
and obtained by following appropriate, documented 
scientific procedures, the results of which can be re-
peated using those same procedures; 
(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; 
(4) provide that the lessee may not delegate or 
convey, by contract or otherwise, the reclamation re-
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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 Act 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 les-
see, to a higher or better use as certified by the Sec-
retary; 
(6) contain terms and conditions relating to 
protection of fish and wildlife, their habitat, subsist-
ence resources, and the environment as required 
pursuant to section 3(a)(2); 
(7) 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; 
(8) prohibit the export of oil produced under 
the lease; and 
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(9) contain such other provisions as the Sec-
retary determines necessary to ensure compliance 
with this Act and the regulations issued under this 
Act. 
SEC. 7. 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 3, administer this Act 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 
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not exceed 10,000 acres on the Coastal Plain for 
each 100,000 acres of area leased. 
(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; 
(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 Act, the Secretary shall 
prepare and promulgate regulations, lease terms, condi-
tions, restrictions, prohibitions, stipulations, and other 
measures designed to ensure that the activities undertaken 
on the Coastal Plain under this Act are conducted in a 
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manner consistent with the purposes and environmental 
requirements of this Act. 
(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 Act shall require compliance with all applicable 
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 based on a prepon-
derance of the best available scientific evidence that 
has been peer reviewed and obtained by following 
appropriate, documented scientific procedures, the 
results of which can be repeated using those same 
procedures. 
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(3) That exploration activities, except for sur-
face geological studies, be limited to the period be-
tween approximately November 1 and May 1 each 
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 Act, requiring the removal from the Coastal 
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Plain of all oil and gas development and production 
facilities, structures, and equipment upon completion 
of oil and gas production operations, except that the 
Secretary may exempt from the requirements of this 
paragraph those facilities, structures, or equipment 
that the Secretary determines would assist in the 
management of the Arctic National 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. 
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(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-
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. 
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(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: 
(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. 
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(2) OBJECTIVES.—The plan shall have the fol-
lowing objectives: 
(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 of section 811 of the Alaska National In-
terest 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. 8. EXPEDITED JUDICIAL REVIEW. 
(a) FILING OF COMPLAINT.— 
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(1) DEADLINE.—Subject to paragraph (2), any 
complaint seeking judicial review— 
(A) of any provision of this Act shall be 
filed by not later than 1 year after the date of 
enactment of this Act; or 
(B) of any action of the Secretary under 
this Act shall be filed— 
(i) except as provided in clause (ii), 
within the 90-day period beginning on the 
date of the action being challenged; or 
(ii) 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 complaint. 
(2) VENUE.—Any complaint seeking judicial re-
view of any provision of this Act or any action of the 
Secretary under this Act may be filed only in the 
United States Court of Appeals for the District of 
Columbia. 
(3) LIMITATION
ON
SCOPE
OF
CERTAIN
RE-
VIEW.—Judicial review of a Secretarial decision to 
conduct a lease sale under this Act, including the en-
vironmental analysis thereof, shall be limited to 
whether the Secretary has complied with this Act 
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and shall be based upon the administrative record of 
that decision. The Secretary’s identification of a pre-
ferred course of action to enable leasing to proceed 
and the Secretary’s analysis of environmental effects 
under this Act shall be presumed to be correct un-
less shown otherwise by clear and convincing evi-
dence to the contrary. 
(b) LIMITATION ON OTHER REVIEW.—Actions of the 
Secretary with respect to which review could have been 
obtained under this section shall not be subject to judicial 
review in any civil or criminal proceeding for enforcement. 
(c) LIMITATION ON ATTORNEYS’ FEES AND COURT 
COSTS.—No person seeking judicial review of any action 
under this Act shall receive payment from the Federal 
Government for their attorneys’ fees and other court costs, 
including under any provision of law enacted by the Equal 
Access to Justice Act (5 U.S.C. 504 note). 
SEC. 9. TREATMENT OF REVENUES. 
Notwithstanding any other provision of law, 50 per-
cent of the amount of bonus, rental, and royalty revenues 
from Federal oil and gas leasing and operations author-
ized under this Act shall be deposited in the Treasury. 
SEC. 10. 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 
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