S.Amdt. 119

SA 119. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to
the bill H.R. 1, making supplemental appropriations for job
preservation and creation, infrastructure investment,

[[Page S1445]]

energy efficiency and science, assistance to the unemployed, and State
and local fiscal stabilization, for fiscal year ending September 30,
2009, and for the purposes; which was ordered to lie on the table; as
follows:

On page 122, after line 23, add the following:

Subtitle B--Expedited Lease Sales

SEC. 711. SHORT TITLE.

This subtitle may be cited as the ``Drill Now Act of
2009''.

SEC. 712. DEFINITIONS.

In this subtitle:
(1) Opened area.--The term ``opened area'' means any area
of the outer Continental shelf that--
(A) before the date of enactment of this Act, was closed to
oil or gas leasing; and
(B) as of the date of enactment of this Act, is made
available for leasing pursuant to section 713(a) and the
amendments made by that section.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 713. LEASING ON OUTER CONTINENTAL SHELF.

(a) Opening New Offshore Areas to Oil and Gas
Development.--
(1) In general.--Sections 104 and 105 of the Department of
the Interior, Environment, and Related Agencies
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2118)
are repealed.
(2) Eastern gulf of mexico.--Section 104 of the Gulf of
Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note;
Public Law 109-432) is amended to read as follows:

``SEC. 104. DESIGNATION OF NATIONAL DEFENSE AREAS.

``The United States reserves the right to designate by and
through the Secretary of Defense, with the approval of the
President, national defense areas on the outer Continental
Shelf pursuant to section 12(d) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1341(d)).''.
(b) Expedited Leasing.--The Secretary may conduct leasing,
preleasing, and related activities for any opened area before
June 30, 2012, notwithstanding the omission of the opened
area from the Outer Continental Shelf leasing program
developed pursuant to section 18 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1344) for the period ending June
30, 2012.
(c) No Surface Occupancy.--Any lease issued by the
Secretary pursuant to section 8 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337) for any submerged land of
the outer Continental Shelf in any opened area lying within
25 miles of the coastline of any State shall include a
provision prohibiting permanent surface occupancy under that
lease within that 25-mile area.
(d) Disposition of Revenues From Outer Continental Shelf
Areas Opened Under This Section.--
(1) In general.--Notwithstanding section 9 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1338) and subject to
the other provisions of this section, the Secretary of the
Treasury shall deposit rentals, royalties, bonus bids, and
other sums due and payable from any leased tract within an
opened area, and from all other leased tracts in any other
area for which leases are entered into after the date of
enactment of this Act, as follows:
(A) 50 percent in the general fund of the Treasury.
(B) 50 in a special account in the Treasury, for allocation
by the Secretary among the States in accordance with
paragraph (2).
(2) Allocation.--
(A) In general.--For fiscal year 2009 and each fiscal year
thereafter, the amount made available under paragraph (1)(B)
shall be allocated among States in amounts (based on a
formula established by the Secretary by regulation) that are
inversely proportional to the respective distances between--
(i) the point on the coastline of each State that is
closest to the geographical center of the applicable leased
tract; and
(ii) the geographical center of the leased tract.
(B) Prohibition on receipt of amounts.--No State shall
receive any amount under this paragraph from a leased tract
if the geographical center of that leased tract is more than
200 nautical miles from the coastline of that State.
(3) Administration.--Amounts made available under paragraph
(1)(B) shall--
(A) be made available, without further appropriation, in
accordance with this section;
(B) remain available until expended; and
(C) be in addition to any amounts appropriated under--
(i) the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.);
(ii) the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-4 et seq.); or
(iii) any other provision of law.
(e) Judicial Review.--
(1) Filing of complaint.--
(A) Deadline.--Subject to subparagraph (B), any complaint
seeking judicial review of any provision of this section or
any action of the Secretary under this section or relating to
areas opened under the amendments made by subsection (a)
shall be filed in any appropriate United States district
court--
(i) except as provided in clause (ii), not later than the
end of 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 that period, not later than 90 days after the
date on which the complainant knew or reasonably should have
known of the grounds for the complaint.
(B) Venue.--Any complaint seeking judicial review of an
action of the Secretary under this section or relating to
areas opened under subsection (a) may be filed only in the
United States Court of Appeals for the District of Columbia.
(C) Limitation on scope of certain review.--
(i) In general.--Judicial review of a decision of the
Secretary to conduct a lease sale for areas opened under the
amendments made by subsection (a), including the
environmental analysis relating to such a decision, shall
be--

(I) limited to whether the Secretary has complied with the
terms of this section and the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.); and
(II) based upon the administrative record of that decision.

(ii) Presumption.--In any judicial review described in
clause (i), the identification by the Secretary of a
preferred course of action to enable leasing to proceed, and
the analysis of the Secretary of any environmental effects of
that course of action, shall be presumed to be correct unless
shown otherwise by clear and convincing evidence to the
contrary.
(2) 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.
(f) Repeal of Restriction on Oil Shale Leasing.--Section
433 of the Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2008 (Public Law 110-
161; 121 Stat. 2152) is repealed.
______