I 
112TH CONGRESS 
1ST SESSION H. R. 2983 
To amend the Outer Continental Shelf Lands Act to require the Secretary 
of the Interior to conduct offshore oil and gas leasing, to deposit use 
revenues from such activity into the Inland Waterways Trust Fund 
and the Highway Trust Fund, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 21, 2011 
Mrs. CAPITO introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committees on the 
Judiciary, Ways and Means, and Transportation and Infrastructure, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Outer Continental Shelf Lands Act to require 
the Secretary of the Interior to conduct offshore oil and 
gas leasing, to deposit use revenues from such activity 
into the Inland Waterways Trust Fund and the Highway 
Trust Fund, and for other purposes. 
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 
‘‘Rebuilding American Roads Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—OFFSHORE LEASING AND OTHER ENERGY PROVISIONS 
Subtitle A—Offshore Leasing 
Sec. 101. Leasing program considered approved. 
Sec. 102. Lease sales. 
Sec. 103. Seaward boundaries of States. 
Sec. 104. Military operations. 
Sec. 105. Coordination with Adjacent States. 
Sec. 106. Gulf of Mexico oil and gas. 
Sec. 107. Use of revenues. 
Sec. 108. Inventory of offshore energy resources. 
Sec. 109. Prohibitions on surface occupancy and other appropriate environ-
mental safeguards. 
Subtitle B—Expedited Judicial Review 
Sec. 121. Definitions. 
Sec. 122. Exclusive jurisdiction over causes and claims relating to covered oil 
and natural gas activities. 
Sec. 123. Time for filing petition; standing. 
Sec. 124. Timetable. 
Sec. 125. Limitation on scope of review and relief. 
Sec. 126. Presidential waiver. 
Sec. 127. Legal fees. 
Sec. 128. Exclusion. 
Subtitle C—Other Energy Provisions 
Sec. 131. Policies regarding buying and building American. 
TITLE 
I—OFFSHORE 
LEASING 
AND OTHER ENERGY PROVI-
SIONS 
Subtitle A—Offshore Leasing 
SEC. 101. LEASING PROGRAM CONSIDERED APPROVED. 
(a) IN GENERAL.—The Draft Proposed Outer Conti-
nental Shelf Oil and Gas Leasing Program 2010–2015 
issued by the Secretary of the Interior (referred to in this 
section as the ‘‘Secretary’’) under section 18 of the Outer 
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Continental Shelf Lands Act (43 U.S.C. 1344) is consid-
ered to have been approved by the Secretary as a final 
oil and gas leasing program under that section, and is con-
sidered to be in full compliance with and in accordance 
with all requirements of the Outer Continental Shelf 
Lands Act. 
(b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 
The Secretary is considered to have issued a final environ-
mental impact statement for the program described in 
subsection (a) in accordance with all requirements under 
section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)). 
(c) CORRECTION OF DATES.—The Secretary of the 
Interior shall update the dates and deadlines proscribed 
in the program described in subsection (a) to reflect the 
time that has passed between the date the program was 
issued and the date of enactment of this Act. 
SEC. 102. LEASE SALES. 
(a) OUTER CONTINENTAL SHELF.— 
(b) IN GENERAL.—Except as provided in paragraph 
(2), not later than 30 days after the date of enactment 
of this Act and every 270 days thereafter, the Secretary 
of the Interior (referred to in this section as the ‘‘Sec-
retary’’) shall conduct a lease sale in each outer Conti-
nental Shelf planning area for which the Secretary deter-
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mines that there is a commercial interest in purchasing 
Federal oil and gas leases for production on the outer Con-
tinental Shelf. 
(c) 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 subsection, 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 paragraph (1), con-
duct a lease sale in the planning area. 
SEC. 103. SEAWARD BOUNDARIES OF STATES. 
(a) SEAWARD BOUNDARIES.—Section 4 of the Sub-
merged Lands Act (43 U.S.C. 1312) is amended by strik-
ing ‘‘three geographical miles’’ each place it appears and 
inserting ‘‘9 nautical miles’’. 
(b) CONFORMING AMENDMENTS.—Section 2 of the 
Submerged Lands Act (43 U.S.C. 1301) is amended— 
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(B) LIMITATION.—Nothing in this para-
graph affects the authority of a State to tax 
any Federal oil and gas lease in effect on the 
date of enactment of this Act. 
SEC. 104. MILITARY OPERATIONS. 
The Secretary shall consult with the Secretary of De-
fense regarding military operations needs in the Outer 
Continental Shelf. The Secretary shall work with the Sec-
retary of Defense to resolve any conflicts that might arise 
between such operations and leasing under this title. If 
the Secretaries are unable to resolve all such conflicts, any 
unresolved issues shall be referred by the Secretaries to 
the President in a timely fashion for immediate resolution. 
SEC. 105. COORDINATION WITH ADJACENT STATES. 
Section 19 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1345) is amended— 
(1) in subsection (a) in the first sentence by in-
serting ‘‘, for any tract located within the Adjacent 
State’s Adjacent Zone,’’ after ‘‘government’’; and 
(2) by adding the following: 
‘‘(f)(1) Prior to issuing a permit or approval for the 
construction of a pipeline to transport crude oil, natural 
gas or associated liquids production withdrawn from oil 
and gas leases on the outer Continental Shelf, a Federal 
agency must seek the concurrence of the Adjacent State 
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if the pipeline is to transit the Adjacent State’s Adjacent 
Zone between the outer Continental Shelf and landfall. No 
State may prohibit construction of such a pipeline within 
its Adjacent Zone or its State waters. However, an Adja-
cent State may require routing of such a pipeline to one 
of two alternate landfall locations in the Adjacent State, 
designated by the Adjacent State, located within 60 miles 
on either side of a proposed landfall location. 
‘‘(2) In this subsection: 
‘‘(A) The term ‘Adjacent State’ means, with re-
spect to any program, plan, lease sale, leased tract 
or other activity, proposed, conducted, or approved 
pursuant to the provisions of this Act, any State the 
laws of which are declared, pursuant to section 
4(a)(2), to be the law of the United States for the 
portion of the outer Continental Shelf on which such 
program, plan, lease sale, leased tract, or activity 
appertains or is, or is proposed to be, conducted. 
For purposes of this subparagraph, the term ‘State’ 
includes the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, 
the Virgin Islands, American Samoa, Guam, and the 
other territories of the United States. 
‘‘(B) The term ‘Adjacent Zone’ means, with re-
spect to any program, plan, lease sale, leased tract, 
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or other activity, proposed, conducted, or approved 
pursuant to the provisions of this Act, the portion 
of the outer Continental Shelf for which the laws of 
a particular Adjacent State are declared, pursuant 
to section 4(a)(2), to be the law of the United 
States.’’. 
SEC. 106. GULF OF MEXICO OIL AND GAS. 
(a) REPEAL.—Section 104 of division C of the Tax 
Relief and Health Care Act of 2006 (Public Law 109– 
432; 120 Stat. 3003) is repealed. 
(b) LEASING PLAN FOR THE EASTERN GULF OF 
MEXICO.—Pursuant to sections 101 and 102 of this Act, 
the Secretary of the Interior shall issue a final leasing plan 
for the Eastern Gulf of Mexico within 180 days after the 
date of enactment of this Act for all areas where there 
exists commercial interest in purchasing Federal oil and 
gas leases for production. 
SEC. 107. USE OF REVENUES. 
(a) IN GENERAL.—Section 8(g) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1337(g)) is amended— 
(1) in paragraph (2) by striking ‘‘Notwith-
standing’’ and inserting ‘‘Except as provided in 
paragraph (6), and notwithstanding’’; 
(2) by redesignating paragraphs (6) and (7) as 
paragraphs (7) and (8); and 
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(3) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) BONUS BIDS, ROYALTIES, RENTALS, AND 
OTHER SUMS UNDER QUALIFIED LEASES.— 
‘‘(A) IN GENERAL.—Of the amounts re-
ceived by the United States as bonus bids, roy-
alties, rentals, and other sums collected under 
any new qualified lease on submerged lands 
made available for leasing under this Act by the 
enactment of the Rebuilding American Roads 
Act— 
‘‘(i) 4 percent shall be available to the 
Secretary of the Interior for coordination 
of cleanup and inspection of tracts leased 
under this Act; 
‘‘(ii) $500,000,000 shall be deposited 
each fiscal year into the Inland Waterways 
Trust Fund for maintenance and construc-
tion along the inland waterway system; 
and 
‘‘(iii) the remainder shall be deposited 
into the Highway Trust Fund and used for 
maintenance and construction of highways, 
bridges, and tunnels. 
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‘‘(B) QUALIFIED LEASE DEFINED.—In this 
paragraph the term ‘qualified lease’ means a 
natural gas or oil lease made available under 
this Act granted after the date of the enact-
ment of the Rebuilding American Roads Act, 
for an area that is available for leasing as a re-
sult of enactment of section 101 of that Act. 
‘‘(C) APPLICATION.—This paragraph shall 
apply to bonus bids and royalties received by 
the United States under qualified leases after 
implementation of sections 105 and 106 of the 
Rebuilding American Roads Act. 
‘‘(D) EXISTING REVENUES.—All revenues, 
including bonus bids, royalties, rentals, and 
other sums, collected from leases issued under 
this Act prior to the enactment Rebuilding 
American Roads Act, shall not be affected by 
the provisions of that Act.’’. 
(b) ESTABLISHMENT OF STATE SEAWARD BOUND-
ARIES.—Section 4(a)(2)(A) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the 
first sentence by striking ‘‘, and the President’’ and all 
that follows through the end of the sentence and inserting 
the following: ‘‘. Such extended lines are deemed to be as 
indicated on the maps for each Outer Continental Shelf 
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