SEC. 205. LEASE TERMS AND CONDITIONS. 
An oil or gas lease issued pursuant to this title 
shall— 
(1) provide for the payment of a royalty of not 
less than 121⁄2 percent of the amount or value of the 
production removed or sold from the lease, as deter-
mined by the Secretary in accordance with regula-
tions applicable to other Federal oil and gas leases; 
(2) provide that the Secretary may close, on a 
seasonal basis, such portions of the Coastal Plain to 
exploratory drilling activities as are necessary to 
protect caribou calving areas and other species of 
fish and wildlife; 
(3) require that each lessee of land within the 
Coastal Plain shall be fully responsible and liable for 
the reclamation of land within the Coastal Plain and 
any other Federal land that is adversely affected in 
connection with exploration, development, produc-
tion, or transportation activities within the Coastal 
Plain conducted by the lessee or by any of the sub-
contractors or agents of the lessee; 
(4) provide that the lessee may not delegate or 
convey, by contract or otherwise, that reclamation 
responsibility and liability to another person without 
the express written approval of the Secretary; 
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(5) provide that the standard of reclamation for 
land required to be reclaimed under this title shall 
be, to the maximum extent practicable— 
(A) a condition capable of supporting the 
uses that the land was capable of supporting 
prior to any exploration, development, or pro-
duction activities; or 
(B) on application by the lessee, to a high-
er or better standard, as approved by the Sec-
retary; 
(6) contain terms and conditions relating to 
protection of fish and wildlife, fish and wildlife habi-
tat, subsistence resources, and the environment as 
required under section 202(a)(2); 
(7) provide that each lessee, and each agent 
and contractor of a lessee, use their best efforts to 
provide a fair share of employment and contracting 
for Alaska Natives and Alaska Native Corporations 
from throughout the State of Alaska, as determined 
by the level of obligation previously agreed to in the 
Federal Agreement; and 
(8) contain such other provisions as the Sec-
retary determines to be necessary to ensure compli-
ance with this title and the regulations promulgated 
under this title. 
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SEC. 206. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 
(a) NO SIGNIFICANT ADVERSE EFFECT STANDARD 
TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 
In accordance with section 202, the Secretary shall admin-
ister this title through regulations, lease terms, conditions, 
restrictions, prohibitions, stipulations, or other provisions 
that— 
(1) ensure, to the maximum extent practicable, 
that oil and gas exploration, development, and pro-
duction activities on the Coastal Plain will result in 
no significant adverse effect on fish and wildlife, fish 
and wildlife habitat, and the environment; and 
(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. 
(b) SITE-SPECIFIC ASSESSMENT AND MITIGATION.— 
The Secretary shall require, with respect to any proposed 
drilling and related activities on the Coastal Plain, 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, fish and wildlife 
habitat, subsistence resources, subsistence uses, and 
the environment; 
(2) a plan be implemented to avoid, minimize, 
and mitigate (in that order and to the maximum ex-
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tent practicable) any significant adverse effect iden-
tified under paragraph (1); and 
(3) the development of the plan shall occur 
after consultation with the 1 or more 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 title, the Secretary shall 
prepare and issue regulations, lease terms, conditions, re-
strictions, prohibitions, stipulations, or other measures de-
signed to ensure, to the maximum extent practicable, that 
the activities carried out on the Coastal Plain under this 
title are conducted in a manner consistent with the pur-
poses and environmental requirements of this title. 
(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 title shall require— 
(1) compliance with all applicable provisions of 
Federal and State environmental law (including reg-
ulations); 
(2) implementation of and compliance with— 
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(A) standards that are at least as effective 
as the safety and environmental mitigation 
measures, as described in items 1 through 29 
on pages 167 through 169 of the Final State-
ment, on the Coastal Plain; 
(B) seasonal limitations on exploration, de-
velopment, and related activities, as necessary, 
to avoid significant adverse effects during peri-
ods of concentrated fish and wildlife breeding, 
denning, nesting, spawning, and migration; 
(C) design safety and construction stand-
ards for all pipelines and any access and service 
roads that minimize, to the maximum extent 
practicable, adverse effects on— 
(i) the passage of migratory species 
(such as caribou); and 
(ii) the flow of surface water by re-
quiring the use of culverts, bridges, or 
other structural devices; 
(D) prohibitions on general public access 
to, and use of, all pipeline access and service 
roads; 
(E) stringent reclamation and rehabilita-
tion requirements in accordance with this title 
for the removal from the Coastal Plain of all oil 
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(iii) the regulation of methods or tech-
niques for developing or transporting ade-
quate supplies of water for exploratory 
drilling; and 
(I) research, monitoring, and reporting re-
quirements. 
(3) that exploration activities (except surface 
geological studies) be limited to the period between 
approximately November 1 and May 1 of each year 
and be supported, if necessary, by ice roads, winter 
trails with adequate snow cover, ice pads, ice air-
strips, and air transport methods (except that those 
exploration activities may be permitted at other 
times if the Secretary determines that the explo-
ration will have no significant adverse effect on fish 
and wildlife, fish and wildlife habitat, and the envi-
ronment of the Coastal Plain); 
(4) consolidation of facility siting; 
(5) avoidance or reduction of air traffic-related 
disturbance to fish and wildlife; 
(6) treatment and disposal of hazardous and 
toxic wastes, solid wastes, reserve pit fluids, drilling 
muds and cuttings, and domestic wastewater, includ-
ing, in accordance with applicable Federal and State 
environmental laws (including regulations)— 
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(A) preparation of an annual waste man-
agement report; 
(B) development and implementation of a 
hazardous materials tracking system; and 
(C) prohibition on the use of chlorinated 
solvents; 
(7) fuel storage and oil spill contingency plan-
ning; 
(8) conduct of periodic field crew environmental 
briefings; 
(9) avoidance of significant adverse effects on 
subsistence hunting, fishing, and trapping; 
(10) compliance with applicable air and water 
quality standards; 
(11) appropriate seasonal and safety zone des-
ignations around well sites, within which subsistence 
hunting and trapping shall be limited; and 
(12) development and implementation of such 
other protective environmental requirements, restric-
tions, terms, or conditions as the Secretary deter-
mines to be necessary. 
(e) CONSIDERATIONS.—In preparing and issuing reg-
ulations, lease terms, conditions, restrictions, prohibitions, 
or stipulations under this section, the Secretary shall take 
into consideration— 
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(1) the stipulations and conditions that govern 
the National Petroleum Reserve-Alaska leasing pro-
gram, as set forth in the 1999 Northeast National 
Petroleum Reserve-Alaska Final Integrated Activity 
Plan/Environmental Impact Statement; 
(2) the environmental protection standards that 
governed the initial Coastal Plain seismic exploration 
program under parts 37.31 through 37.33 of title 
50, Code of Federal Regulations (or successor regu-
lations); and 
(3) the land use stipulations for exploratory 
drilling on the KIC–ASRC private land described in 
Appendix 2 of the agreement between Arctic Slope 
Regional Corporation and the United States dated 
August 9, 1983. 
(f) FACILITY CONSOLIDATION PLANNING.— 
(1) IN GENERAL.—After providing for public 
notice and comment, the Secretary shall prepare and 
periodically update a plan to govern, guide, and di-
rect the siting and construction of facilities for the 
exploration, development, production, and transpor-
tation of oil and gas resources from the Coastal 
Plain. 
(2) OBJECTIVES.—The objectives of the plan 
shall be— 
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(A) the avoidance of unnecessary duplica-
tion of facilities and activities; 
(B) the encouragement of consolidation of 
common facilities and activities; 
(C) the location or confinement of facilities 
and activities to areas that will minimize impact 
on fish and wildlife, fish and wildlife habitat, 
subsistence resources, and the environment; 
(D) the use of existing facilities, to the 
maximum extent practicable; and 
(E) the enhancement of compatibility be-
tween wildlife values and development activities. 
(g) ACCESS
TO
PUBLIC
LAND.—The Secretary 
shall— 
(1) manage public land in the Coastal Plain in 
accordance with subsections (a) and (b) of section 
811 of the Alaska National Interest Lands Con-
servation Act (16 U.S.C. 3121); and 
(2) ensure that local residents shall have rea-
sonable access to public land in the Coastal Plain for 
traditional uses. 
SEC. 207. EXPEDITED JUDICIAL REVIEW. 
(a) FILING OF COMPLAINTS.— 
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(1) DEADLINE.—A complaint seeking judicial 
review of a provision of this title or an action of the 
Secretary under this title shall be filed— 
(A) except as provided in subparagraph 
(B), during the 90-day period beginning on the 
date on which the action being challenged was 
carried out; or 
(B) in the case of a complaint based solely 
on grounds arising after the 90-day period de-
scribed in subparagraph (A), by not later than 
90 days after the date on which the complain-
ant knew or reasonably should have known 
about the grounds for the complaint. 
(2) VENUE.—A complaint seeking judicial re-
view of a provision of this title or an action of the 
Secretary under this title shall be filed in the United 
States Court of Appeals for the District of Columbia 
Circuit. 
(3) SCOPE.— 
(A) IN GENERAL.—Judicial review of a de-
cision of the Secretary relating to a lease sale 
under this title (including an environmental 
analysis of such a lease sale) shall be— 
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(i) limited to a review of whether the 
decision is in accordance with this title; 
and 
(ii) based on the administrative record 
of the decision. 
(B) PRESUMPTIONS.—Any identification 
by the Secretary of a preferred course of action 
relating to a lease sale, and any analysis by the 
Secretary of environmental effects, under this 
title shall be presumed to be correct unless 
proven otherwise by clear and convincing evi-
dence. 
(b) LIMITATION ON OTHER REVIEW.—Any action of 
the Secretary that is subject to judicial review under this 
section shall not be subject to judicial review in any civil 
or criminal proceeding for enforcement. 
SEC. 208. 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 (16 U.S.C. 
3161 et seq.); and 
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(2) under title XI of the Alaska National Inter-
est Lands Conservation Act (16 U.S.C. 3161 et 
seq.), for access authorized by sections 1110 and 
1111 of that Act (16 U.S.C. 3170, 3171). 
(b) TERMS AND CONDITIONS.—The Secretary shall 
include in any right-of-way or easement issued under sub-
section (a) such terms and conditions as may be necessary 
to ensure that transportation of oil and gas does not result 
in a significant adverse effect on the fish and wildlife, sub-
sistence resources, their habitat, and the environment of 
the Coastal Plain, including requirements that facilities be 
sited or designed so as to avoid unnecessary duplication 
of roads and pipelines. 
(c) REGULATIONS.—The Secretary shall include in 
regulations under section 202(f) provisions granting 
rights-of-way and easements described in subsection (a). 
SEC. 209. CONVEYANCE. 
Notwithstanding section 1302(h)(2) of the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 
3192(h)(2)), to remove any cloud on title to land, and to 
clarify land ownership patterns in the Coastal Plain, the 
Secretary shall— 
(1) to the extent necessary to fulfill the entitle-
ment of the Kaktovik Inupiat Corporation under sec-
tions 12 and 14 of the Alaska Native Claims Settle-
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ment Act (43 U.S.C. 1611, 1613), as determined by 
the Secretary, convey to that Corporation the sur-
face estate of the land described in paragraph (1) of 
Public Land Order 6959, in accordance with the 
terms and conditions of the agreement between the 
Secretary, the United States Fish and Wildlife Serv-
ice, the Bureau of Land Management, and the 
Kaktovik Inupiat Corporation, dated January 22, 
1993; and 
(2) convey to the Arctic Slope Regional Cor-
poration the remaining subsurface estate to which 
that Corporation is entitled under the agreement be-
tween that corporation and the United States, dated 
August 9, 1983. 
SEC. 210. ANWR ALTERNATIVE ENERGY TRUST FUND. 
(a) SOURCE OF FUNDS.— 
(1) IN
GENERAL.—Subject to paragraph (2) 
and notwithstanding any other provision of law, of 
the amount of adjusted bonus, rental, and royalty 
revenues from Federal oil and gas leasing and oper-
ations authorized under this title for each fiscal 
year, 50 percent shall be paid to the ANWR Alter-
native Energy Trust Fund established under sub-
section (b). 
(2) TRANSFERS.— 
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(A) IN
GENERAL.—A transfer to the 
ANWR Alternative Energy Trust Fund shall be 
made for a fiscal year under paragraph (1) only 
if the total amount of revenues in the Federal 
budget for the fiscal year exceeds the total 
amount of expenditures under the budget for 
the fiscal year. 
(B) 
DEBT
REDUCTION.—If 
the 
total 
amount of revenues in the Federal budget for 
a fiscal year does not exceed the total amount 
of expenditures under the budget for the fiscal 
year, all adjusted bonus, rental, and royalty rev-
enues from Federal oil and gas leasing and op-
erations authorized under this title for the fiscal 
year— 
(i) shall be used to reduce the Federal 
budget deficit; and 
(ii) shall not be used to offset any 
other expenditures. 
(b) ESTABLISHMENT OF TRUST FUND.—There is es-
tablished in the Treasury of the United States a trust fund 
to be known as the ‘‘ANWR Alternative Energy Trust 
Fund’’, consisting of such amounts as may be transferred 
to the ANWR Alternative Energy Trust Fund as provided 
in subsection (a). 
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(c) EXPENDITURES FROM ANWR ALTERNATIVE EN-
ERGY TRUST FUND.— 
(1) IN GENERAL.—Amounts in the ANWR Al-
ternative Energy Trust Fund shall be available with-
out further appropriation to carry out specified pro-
visions of the Energy Policy Act of 2005 (Public 
Law 109–58; referred to in this section as 
‘‘EPAct2005’’) and the Energy Independence and 
Security Act of 2007 (Public Law 110–140; referred 
to in this section as ‘‘EISAct2007’’) as follows: 
To carry out the provisions of: 
The following per-
centage of annual 
receipts to the 
ANWR Alternative 
Energy Trust Fund, 
but not to exceed 
the limit on 
amount authorized, 
if any: 
EPAct2005: 
Section 210 .........................................................
1.5 percent
Section 242 .........................................................
1.0 percent
Section 369 .........................................................
2.0 percent
Section 401 .........................................................
6.0 percent
Section 812 .........................................................
6.0 percent
Section 931 .........................................................
19.0 percent
Section 942 .........................................................
1.5 percent
Section 962 .........................................................
3.0 percent
Section 968 .........................................................
1.5 percent
Section 1704 .......................................................
6.0 percent
EISAct2007: 
Section 207 .........................................................
15.0 percent
Section 607 .........................................................
1.5 percent
Title VI, Subtitle B ............................................
3.0 percent
Title VI, Subtitle C .............................................
1.5 percent
Section 641 .........................................................
9.0 percent
Title VII, Subtitle A ...........................................
10.0 percent
Section 1112 .......................................................
1.5 percent
Section 1304 .......................................................
11.0 percent. 
(2) APPORTIONMENT
OF
EXCESS
AMOUNT.— 
Notwithstanding paragraph (1), any amounts allo-
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cated under paragraph (1) that are in excess of the 
amounts authorized in the applicable cited section or 
subtitle of EPAct2005 and EISAct2007 shall be re-
allocated to the remaining sections and subtitles 
cited in paragraph (1), up to the amounts otherwise 
authorized by law to carry out those sections and 
subtitles, in proportion to the amounts authorized by 
law to be appropriated for those other sections and 
subtitles. 
TITLE III—REGULATORY 
STREAMLINING 
SEC. 301. COMMERCIAL LEASING PROGRAM FOR OIL SHALE 
RESOURCES ON PUBLIC LAND. 
Subsection (e) of the Oil Shale, Tar Sands, and Other 
Strategic Unconventional Fuels Act of 2005 (42 U.S.C. 
15927(e)) is amended— 
(1) in the first sentence, by striking ‘‘Not later’’ 
and inserting the following: 
‘‘(1) IN GENERAL.—Not later’’; 
(2) in the second sentence— 
(A) by striking ‘‘If the Secretary’’ and in-
serting the following: 
‘‘(2) LEASE SALES.— 
‘‘(A) IN GENERAL.—If the Secretary’’; and 
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(B) by striking ‘‘may’’ and inserting 
‘‘shall’’; 
(3) in the last sentence, by striking ‘‘Evidence 
of interest’’ and inserting the following: 
‘‘(B) EVIDENCE OF INTEREST.—Evidence 
of interest’’; and 
(4) by adding at the end the following: 
‘‘(C) SUBSEQUENT LEASE SALES.—During 
any period for which the Secretary determines 
that there is sufficient support and interest in 
a State in the development of tar sands and oil 
shale resources, the Secretary shall— 
‘‘(i) at least annually, consult with the 
persons described in paragraph (1) to ex-
pedite the commercial leasing program for 
oil shale resources on public land in the 
State; and 
‘‘(ii) at least once every 270 days, 
conduct a lease sale in the State under the 
commercial leasing program regulations.’’. 
SEC. 
302. 
JURISDICTION 
OVER 
COVERED 
ENERGY 
PROJECTS. 
(a) DEFINITION OF COVERED ENERGY PROJECT.— 
In this section, the term ‘‘covered energy project’’ means 
any action or decision by a Federal official regarding— 
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(1) the leasing of Federal land (including sub-
merged land) for the exploration, development, pro-
duction, processing, or transmission of oil, natural 
gas, or any other source or form of energy, including 
actions and decisions regarding the selection or of-
fering of Federal land for such leasing; or 
(2) any action under such a lease, except that 
this section and Act shall not apply to a dispute be-
tween the parties to a lease entered into a provision 
of law authorizing the lease regarding obligations 
under the lease or the alleged breach of the lease. 
(b) EXCLUSIVE JURISDICTION OVER CAUSES AND 
CLAIMS RELATING TO COVERED ENERGY PROJECTS.— 
Notwithstanding any other provision of law, the United 
States District Court for the District of Columbia shall 
have exclusive jurisdiction to hear all causes and claims 
under this section or any other Act that arise from any 
covered energy project. 
(c) TIME FOR FILING COMPLAINT.— 
(1) IN GENERAL.—Each case or claim described 
in subsection (b) shall be filed not later than the end 
of the 60-day period beginning on the date of the ac-
tion or decision by a Federal official that constitutes 
the covered energy project concerned. 
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(2) PROHIBITION.—Any cause or claim de-
scribed in subsection (b) that is not filed within the 
time period described in paragraph (1) shall be 
barred. 
(d) DISTRICT COURT FOR THE DISTRICT OF COLUM-
BIA DEADLINE.— 
(1) IN GENERAL.—Each proceeding that is sub-
ject to subsection (b) shall— 
(A) be resolved as expeditiously as prac-
ticable and in any event not more than 180 
days after the cause or claim is filed; and 
(B) take precedence over all other pending 
matters before the district court. 
(2) FAILURE TO COMPLY WITH DEADLINE.—If 
an interlocutory or final judgment, decree, or order 
has not been issued by the district court by the 
deadline required under this section, the cause or 
claim shall be dismissed with prejudice and all rights 
relating to the cause or claim shall be terminated. 
(e) ABILITY TO SEEK APPELLATE REVIEW.—An in-
terlocutory or final judgment, decree, or order of the dis-
trict court under this section may be reviewed by no other 
court except the Supreme Court. 
(f) DEADLINE
FOR APPEAL
TO
THE SUPREME 
COURT.—If a writ of certiorari has been granted by the 
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Supreme Court pursuant to subsection (e), the interlocu-
tory or final judgment, decree, or order of the district 
court shall be resolved as expeditiously as practicable and 
in any event not more than 180 days after the interlocu-
tory or final judgment, decree, order of the district court 
is issued. 
SEC. 303. ENVIRONMENTAL IMPACT STATEMENTS. 
Title I of the National Environmental Policy Act of 
1969 (42 U.S.C. 4331 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL 
IMPACT STATEMENTS. 
‘‘(a) COMPLETION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, each review carried out under sec-
tion 102(2)(C) with respect to any action taken 
under any provision of law, or for which funds are 
made available under any provision of law, shall be 
completed not later than the date that is 270 days 
after the commencement of the review. 
‘‘(2) FAILURE TO COMPLETE REVIEW.—If a re-
view described in paragraph (1) has not been com-
pleted for an action subject to section 102(2)(C) by 
the date specified in paragraph (1)— 
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‘‘(A) the action shall be considered to have 
no significant impact described in section 
102(2)(C); and 
‘‘(B) that classification shall be considered 
to be a final agency action. 
‘‘(3) UNEMPLOYMENT RATE.—If the national 
unemployment rate is 5 percent or more, the lead 
agency conducting a review of an action under this 
section shall use the most expeditious means author-
ized under this title to conduct the review. 
‘‘(b) LEAD AGENCY.—The lead agency for a review 
of an action under this section shall be the Federal agency 
to which funds are made available for the action. 
‘‘(c) REVIEW.— 
‘‘(1) ADMINISTRATIVE
APPEALS.—There shall 
be a single administrative appeal for each review 
carried out pursuant to section 102(2)(C). 
‘‘(2) JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—On resolution of the 
administrative appeal, judicial review of the 
final agency decision after exhaustion of admin-
istrative remedies shall lie with the United 
States Court of Appeals for the District of Co-
lumbia Circuit. 
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‘‘(B) ADMINISTRATIVE
RECORD.—An ap-
peal to the court described in subparagraph (A) 
shall be based only on the administrative 
record. 
‘‘(C) PENDENCY OF JUDICIAL REVIEW.— 
After an agency has made a final decision with 
respect to a review carried out under this sub-
section, the decision shall be effective during 
the course of any subsequent appeal to a court 
described in subparagraph (A). 
‘‘(3) CIVIL ACTION.—Each civil action covered 
by this section shall be considered to arise under the 
laws of the United States.’’. 
SEC. 304. CLEAN AIR REGULATION. 
(a) REGULATION OF GREENHOUSE GASES.—Section 
302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is 
amended— 
(1) by striking ‘‘(g) The term’’ and inserting 
the following: 
‘‘(g) AIR POLLUTANT.— 
‘‘(1) IN GENERAL.—The term’’; 
(2) by striking ‘‘Such term’’ and inserting the 
following: 
‘‘(2) INCLUSIONS.—The term ‘air pollutant’ ’’; 
and 
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