I 
113TH CONGRESS 
1ST SESSION H. R. 2081 
To secure unrestricted reliable energy for American consumption and 
transmission. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2013 
Mr. THORNBERRY introduced the following bill; which was referred to the 
Committee on Natural Resources, and in addition to the Committees on 
Ways and Means and Energy and Commerce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To secure unrestricted reliable energy for American 
consumption and transmission. 
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 
‘‘No More Excuses Energy Act of 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—REFINERIES 
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Sec. 101. Tax-exempt financing of domestic use oil refinery facilities. 
Sec. 102. Designation and availability of Federal lands for oil and natural gas 
refineries. 
TITLE II—ALTERNATIVE ENERGY 
Sec. 201. Phaseout of credit for electricity produced from certain renewable re-
sources. 
Sec. 202. Equalization of excise tax on liquefied natural gas and per energy 
equivalent of diesel. 
Sec. 203. Extension of alternative fuel credit. 
TITLE III—NUCLEAR ENERGY 
Sec. 301. Waste confidence. 
Sec. 302. ASME Nuclear Certification credit. 
TITLE IV—DRILLING 
Subtitle A—Tax Provisions 
Sec. 401. Credit for producing fuel from nonconventional sources to apply to 
gas produced onshore from formations more than 15,000 feet 
deep. 
Sec. 402. Repeal of minimum capture requirement for carbon dioxide seques-
tration credit. 
Subtitle B—Oil and Gas Development on the Coastal Plain of Alaska 
Sec. 411. Short title. 
Sec. 412. Definitions. 
Sec. 413. Leasing program for lands within the Coastal Plain. 
Sec. 414. Lease sales. 
Sec. 415. Grant of leases by the Secretary. 
Sec. 416. Lease terms and conditions. 
Sec. 417. Coastal plain environmental protection. 
Sec. 418. Expedited judicial review. 
Sec. 419. Federal and State distribution of revenues. 
Sec. 420. Rights-of-way across the Coastal Plain. 
Sec. 421. Conveyance. 
Sec. 422. Local government impact aid and community service assistance. 
Subtitle C—Offshore Oil and Gas Development 
Sec. 431. Repeal of moratorium on oil and gas leasing in the Gulf of Mexico. 
Sec. 432. Inclusion of areas in 2012–2017 outer Continental Shelf oil and gas 
leasing program. 
TITLE V—GREENHOUSE GAS REGULATION 
Sec. 501. No regulation of emissions of greenhouse gases under Clean Air Act. 
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TITLE I—REFINERIES 
SEC. 101. TAX-EXEMPT FINANCING OF DOMESTIC USE OIL 
REFINERY FACILITIES. 
(a) IN GENERAL.— 
(1) TREATMENT AS EXEMPT FACILITY BOND.— 
Subsection (a) of section 142 of the Internal Rev-
enue Code of 1986 (relating to exempt facility bond) 
is amended by striking ‘‘or’’ at the end of paragraph 
(14), by striking the period at the end of paragraph 
(15) and inserting ‘‘, or’’, and by inserting at the 
end the following new paragraph: 
‘‘(16) domestic use oil refinery facilities.’’. 
(2) DOMESTIC
USE
OIL
REFINERY
FACILI-
TIES.—Section 142 of such Code is amended by 
adding at the end the following new subsection: 
‘‘(n) DOMESTIC USE OIL REFINERY FACILITIES.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(16), the term ‘domestic use oil refinery facility’ 
means any facility in the United States— 
‘‘(A) which processes liquid fuel from 
crude oil, and 
‘‘(B) all of the output of which it is rea-
sonably certain ultimate consumption will occur 
in the United States. 
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‘‘(2) ELECTION
TO
TERMINATE
TAX-EXEMPT 
BOND FINANCING BY CERTAIN REFINERIES.—In the 
case of a facility financed with bonds which would 
cease to be tax-exempt by reason of the failure to 
meet the domestic use requirement of this sub-
section, rules similar to the rules of subsection (f)(4) 
shall apply for purposes of this section.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to bonds issued after the date of 
the enactment of this Act. 
SEC. 102. DESIGNATION AND AVAILABILITY OF FEDERAL 
LANDS FOR OIL AND NATURAL GAS REFIN-
ERIES. 
(a) DESIGNATION.—Within 18 months after the date 
of enactment of this Act, the President shall designate at 
least 10 sites on Federal lands that are suitable for the 
siting of an oil refinery or natural gas refinery (or both). 
(b) AVAILABILITY OF LANDS.—Within 24 months 
after the date of enactment of this Act, the President shall 
make each site designated under subsection (a) available 
to the private sector for construction of an oil refinery or 
natural gas refinery (or both), as appropriate. 
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TITLE II—ALTERNATIVE 
ENERGY 
SEC. 201. PHASEOUT OF CREDIT FOR ELECTRICITY PRO-
DUCED 
FROM 
CERTAIN 
RENEWABLE 
RE-
SOURCES. 
(a) 5-YEAR EXTENSION.—Paragraph (1) of section 
45(d) of the Internal Revenue Code of 1986 is amended 
by striking ‘‘January 1, 2014’’ in paragraph (1) and in-
serting ‘‘January 1, 2019’’. 
(b) PHASEOUT OF CREDIT.—Subsection (e) of sec-
tion 45 of such Code is amended by adding at the end 
the following new paragraph: 
‘‘(12) PHASEOUT
OF
CREDIT
FOR
WIND
EN-
ERGY.— 
‘‘(A) IN GENERAL.—In the case of facili-
ties to which subsection (d)(1) applies and the 
construction of which begins after December 
31, 2013, the number of cents taken into ac-
count under subsection (a) for taxable years 
ending after such date shall be only the applica-
ble percentage of such number (determined 
without regard to this paragraph) for such 
year. If any amount determined under the pre-
ceding sentence is not a multiple of 0.01 cent, 
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such amount shall be rounded to the nearest 
multiple of 0.01 cent. 
‘‘(B) 
APPLICABLE
PERCENTAGE.—For 
purposes of subparagraph (A)— 
‘‘In the case of facilities the construction of which begins in: 
The applica-
ble percent-
age is: 
2014 ................................................................................................
2015 ................................................................................................
2016 ................................................................................................
2017 or 2018 ..................................................................................
60’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property originally placed in 
service on or after January 1, 2013. 
SEC. 202. EQUALIZATION OF EXCISE TAX ON LIQUEFIED 
NATURAL GAS AND PER ENERGY EQUIVA-
LENT OF DIESEL. 
(a) IN GENERAL.—Subparagraph (B) of section 
4041(a)(2) of the Internal Revenue Code of 1986 is 
amended by striking the period at the end of clause (ii) 
and inserting ‘‘, and’’, and by inserting after clause (ii) 
the following new clause: 
‘‘(iii) in the case of liquefied natural 
gas, 24.3 cents per energy equivalent of a 
gallon of diesel.’’. 
(b) ENERGY EQUIVALENT OF A GALLON OF DIESEL 
AND ADMINISTRATIVE PROVISION.—Paragraph (2) of sec-
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tion 4041(a) of such Code is amended by adding at the 
end the following: 
‘‘(C) ENERGY EQUIVALENT OF A GALLON 
OF DIESEL.—For purposes of this paragraph, 
the term ‘energy equivalent of a gallon of diesel’ 
means, with respect to a liquefied natural gas 
fuel, the amount of such fuel having a Btu con-
tent of 128,700 (lower heating value). 
‘‘(D) ADMINISTRATIVE
PROVISIONS.—For 
purposes of applying this title with respect to 
the taxes imposed by this subsection, references 
to any liquid subject to tax under this sub-
section shall be treated as including references 
to liquefied natural gas subject to tax under 
this paragraph.’’. 
(c) 
CONFORMING
AMENDMENTS.—Section 
4041(a)(2)(B)(ii) of such Code is amended— 
(1) by striking ‘‘liquefied natural gas,’’, and 
(2) by striking ‘‘peat), and’’ and inserting 
‘‘peat) and’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to any sale or use of liquefied nat-
ural gas after 14 days after the date of the enactment 
of this Act. 
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SEC. 203. EXTENSION OF ALTERNATIVE FUEL CREDIT. 
(a) IN GENERAL.—Paragraph (5) of section 6426(d) 
of the Internal Revenue Code of 1986 (relating to alter-
native fuel credit) is amended by striking ‘‘December 31, 
2013’’ and all that follows and inserting ‘‘December 31, 
2014.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to fuel sold or used after December 
31, 2013. 
TITLE III—NUCLEAR ENERGY 
SEC. 301. WASTE CONFIDENCE. 
The Nuclear Regulatory Commission may not deny 
an application for a license, permit, or other authorization 
under the Atomic Energy Act of 1954 on the grounds that 
sufficient capacity does not exist, or will not become avail-
able on a timely basis, for disposal of spent nuclear fuel 
or high-level radioactive waste from the facility for which 
the license, permit, or other authorization is sought. 
SEC. 302. ASME NUCLEAR CERTIFICATION CREDIT. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 (relating to business related credits) is amended by 
adding at the end the following new section: 
‘‘SEC. 45S. ASME NUCLEAR CERTIFICATION CREDIT. 
‘‘(a) IN GENERAL.—For purposes of section 38, the 
ASME Nuclear Certification credit determined under this 
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section for any taxable year is an amount equal to 15 per-
cent of the qualified nuclear expenditures paid or incurred 
by the taxpayer. 
‘‘(b) QUALIFIED NUCLEAR EXPENDITURES.—For 
purposes of this section, the term ‘qualified nuclear ex-
penditures’ means any expenditure related to— 
‘‘(1) obtaining a certification under the Amer-
ican Society of Mechanical Engineers Nuclear Com-
ponent Certification program, or 
‘‘(2) increasing the taxpayer’s capacity to con-
struct, fabricate, assemble, or install components— 
‘‘(A) for any facility which uses nuclear en-
ergy to produce electricity, and 
‘‘(B) with respect to the construction, fab-
rication, assembly, or installation of which the 
taxpayer is certified under such program. 
‘‘(c) TIMING OF CREDIT.—The credit allowed under 
subsection (a) for any expenditures shall be allowed— 
‘‘(1) in the case of a qualified nuclear expendi-
ture described in subsection (b)(1), for the taxable 
year of such certification, and 
‘‘(2) in the case of any other qualified nuclear 
expenditure, for the taxable year in which such ex-
penditure is paid or incurred. 
‘‘(d) SPECIAL RULES.— 
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‘‘(1) BASIS
ADJUSTMENT.—For purposes of 
this subtitle, if a credit is allowed under this section 
for an expenditure, the increase in basis which would 
result (but for this subsection) for such expenditure 
shall be reduced by the amount of the credit allowed 
under this section. 
‘‘(2) DENIAL OF DOUBLE BENEFIT.—No deduc-
tion shall be allowed under this chapter for any 
amount taken into account in determining the credit 
under this section. 
‘‘(e) TERMINATION.—This section shall not apply to 
any expenditures paid or incurred in taxable years begin-
ning after December 31, 2019.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Subsection (b) of section 38 of such Code 
is amended by striking ‘‘plus’’ at the end of para-
graph (35), by striking the period at the end of 
paragraph (36) and inserting ‘‘, plus’’, and by add-
ing at the end the following new paragraph: 
‘‘(37) the ASME Nuclear Certification credit 
determined under section 45S(a).’’. 
(2) Subsection (a) of section 1016 (relating to 
adjustments to basis) of such Code is amended by 
striking ‘‘and’’ at the end of paragraph (36), by 
striking the period at the end of paragraph (37) and 
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inserting ‘‘, and’’, and by adding at the end the fol-
lowing new paragraph: 
‘‘(38) to the extent provided in section 
45S(d)(1).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to expenditures paid or incurred 
in taxable years beginning after December 31, 2012. 
TITLE IV—DRILLING 
Subtitle A—Tax Provisions 
SEC. 401. CREDIT FOR PRODUCING FUEL FROM NON-
CONVENTIONAL SOURCES TO APPLY TO GAS 
PRODUCED ONSHORE FROM FORMATIONS 
MORE THAN 15,000 FEET DEEP. 
(a) IN GENERAL.—Subparagraph (B) of section 
45K(c)(1) of the Internal Revenue Code of 1986 is amend-
ed by striking ‘‘or’’ at the end of clause (i), by striking 
‘‘and’’ at the end of clause (ii) and inserting ‘‘or’’, and 
by inserting after clause (ii) the following new clause: 
‘‘(iii) an onshore well from a forma-
tion more than 15,000 feet deep, and’’. 
(b) ELIGIBLE DEEP GAS WELLS.—Section 45K of 
such Code is amended by adding at the end the following 
new subsection: 
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‘‘(h) ELIGIBLE DEEP GAS WELLS.—In the case of 
a well producing qualified fuel described in subsection 
(c)(1)(B)(iii)— 
‘‘(1) for purposes of subsection (e)(1)(A), such 
well shall be treated as drilled before January 1, 
1993, if such well is drilled after the date of the en-
actment of this subsection, and 
‘‘(2) subsection (e)(2) shall not apply.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years ending after the 
date of the enactment of this Act. 
SEC. 402. REPEAL OF MINIMUM CAPTURE REQUIREMENT 
FOR 
CARBON 
DIOXIDE 
SEQUESTRATION 
CREDIT. 
(a) IN GENERAL.—Subsection (c) of section 45Q of 
the Internal Revenue Code of 1986 is amended by insert-
ing ‘‘and’’ at the end of paragraph (1), by striking ‘‘, and’’ 
at the end of paragraph (2) and inserting a period, and 
by striking paragraph (3). 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to carbon dioxide captured after 
the date of the enactment of this Act. 
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Subtitle B—Oil and Gas Develop-
ment on the Coastal Plain of 
Alaska 
SEC. 411. SHORT TITLE. 
This subtitle may be cited as the ‘‘American-Made 
Energy and Good Jobs Act’’. 
SEC. 412. 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. 413. 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-
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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 
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. 
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(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 
(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-
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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 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 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. Notwithstanding any other law, compliance 
with this paragraph is deemed to satisfy all require-
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ments for the analysis and consideration of the envi-
ronmental effects of proposed leasing under this sub-
title. 
(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. 
(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 
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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-
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-
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ronmental, or engineering data that come to the Sec-
retary’s attention. 
SEC. 414. 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 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. 415. 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 414 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 
shall consult with, and give due consideration to the views 
of, the Attorney General. 
SEC. 416. LEASE TERMS AND CONDITIONS. 
An oil or gas lease issued pursuant to this subtitle 
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 from the lease, as deter-
mined by the Secretary under the regulations appli-
cable 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; 
(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 
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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. 417. 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 413, 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-
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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; 
(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-
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(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. 418. 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— 
(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 
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(B) provide to the Committee on Natural 
Resources of the House of Representatives and 
the Committee on Energy and Natural Re-
sources of the Senate an annual report on the 
status of coordination between developers and 
the communities affected by development. 
(c) APPLICATION.— 
(1) IN GENERAL.—Any community that is eligi-
ble for assistance under this section may submit an 
application for such assistance to the Secretary, in 
such form and under such procedures as the Sec-
retary may prescribe by regulation. 
(2) NORTH SLOPE BOROUGH COMMUNITIES.—A 
community located in the North Slope Borough may 
apply for assistance under this section either directly 
to the Secretary or through the North Slope Bor-
ough. 
(3) APPLICATION ASSISTANCE.—The Secretary 
shall work closely with and assist the North Slope 
Borough and other communities eligible for assist-
ance under this section in developing and submitting 
applications for assistance under this section. 
(d) ESTABLISHMENT OF FUND.— 
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