S.Amdt. 1745

SA 1745. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 1730 proposed by Mr. Reid to the bill S. 1813, to
reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; which was ordered to lie on the
table; as follows:

Strike titles II and III of division D and insert the
following:

TITLE II--REVENUE PROVISIONS

SEC. 40201. TRANSFER FROM LEAKING UNDERGROUND STORAGE TANK
TRUST FUND TO HIGHWAY TRUST FUND.

(a) In General.--Subsection (c) of section 9508 of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``Amounts'' and inserting:
``(1) In general.--Except as provided in paragraph (2),
amounts'', and
(2) by adding at the end the following new paragraph:
``(2) Transfer to highway trust fund.--Out of amounts in
the Leaking Underground Storage Tank Trust Fund there is
hereby appropriated $3,000,000,000 to be transferred under
section 9503(f)(3) to the Highway Trust Fund.''.
(b) Transfer to Highway Trust Fund.--
(1) In general.--Subsection (f) of section 9503 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (2) the following new paragraph:
``(3) Increase in fund balance.--There is hereby
transferred to the Highway Trust Fund amounts appropriated
from the Leaking Underground Storage Tank Trust Fund under
section 9508(c)(2).''.
(2) Conforming amendments.--Paragraph (4) of section
9503(f) of such Code is amended--

[[Page S1091]]

(A) by inserting ``or transferred'' after ``appropriated'',
and
(B) by striking ``appropriated'' in the heading thereof.

SEC. 40202. PORTION OF LEAKING UNDERGROUND STORAGE TANK TRUST
FUND FINANCING RATE TRANSFERRED TO HIGHWAY
TRUST FUND.

(a) In General.--Subsection (b) of section 9503 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (2) the following new paragraph:
``(3) Portion of leaking underground storage tank trust
fund financing rate.--There are hereby appropriated to the
Highway Trust Fund amounts equivalent to one-third of the
taxes received in the Treasury under--
``(A) section 4041(d) (relating to additional taxes on
motor fuels),
``(B) section 4081 (relating to tax on gasoline, diesel
fuel, and kerosene) to the extent attributable to the Leaking
Underground Storage Tank Trust Fund financing rate under such
section, and
``(C) section 4042 (relating to tax on fuel used in
commercial transportation on inland waterways) to the extent
attributable to the Leaking Underground Storage Tank Trust
Fund financing rate under such section.
For purposes of this paragraph, there shall not be taken into
account the taxes imposed by sections 4041 and 4081 on diesel
fuel sold for use or used as fuel in a diesel-powered
boat.''.
(b) Conforming Amendments.--
(1) Paragraphs (1), (2), and (3) of section 9508(b) of the
Internal Revenue Code of 1986 are each amended by inserting
``two-thirds of the'' before ``taxes''.
(2) Paragraph (4) of section 9503(b) of such Code is
amended by striking subparagraphs (A) and (B) and by
redesignating subparagraphs (C) and (D) as subparagraphs (A)
and (B), respectively.
(c) Effective Date.--The amendments made by this section
shall apply to taxes received after the date of the enactment
of this Act.

SEC. 40203. INTERNAL REVENUE SERVICE LEVIES AND THRIFT
SAVINGS PLAN ACCOUNTS.

Section 8437(e)(3) of title 5, United States Code, is
amended by inserting ``, the enforcement of a Federal tax
levy as provided in section 6331 of the Internal Revenue Code
of 1986,'' after ``(42 U.S.C. 659)''.

SEC. 40204. RESCISSION OF FUNDS FOR THE ADVANCED TECHNOLOGY
VEHICLES MANUFACTURING INCENTIVE PROGRAM.

Effective on the date of enactment of this Act, there are
rescinded all unobligated balances of the amounts made
available for the advanced technology vehicles manufacturing
incentive program established under section 136 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013).

SEC. 40205. RESCISSION OF UNSPENT FEDERAL FUNDS.

(a) In General.--Notwithstanding any other provision of
law, of all available unobligated funds on the date of
enactment of this Act, there are rescinded such amounts as
are equal to the difference between--
(1) the amounts necessary to carry out this Act; and
(2) the total amount of offsets provided by this title
(other than this section) and division E.
(b) Implementation.--
(1) In general.--The Director of the Office of Management
and Budget shall determine and identify--
(A) from which appropriation accounts the rescission under
subsection (a) shall be made; and
(B) the amount of such rescission that shall be made to
each account identified under subparagraph (A).
(2) Report.--Not later than 60 days after the date of
enactment of this Act, the Director of the Office of
Management and Budget shall submit a report to the Secretary
of the Treasury and Congress of the accounts and amounts
determined and identified for rescission under paragraph (1).
(c) Exception.--This section shall not apply to the
unobligated funds of the Department of Defense, the
Department of Homeland Security, or the Department of
Veterans Affairs.

SEC. 40206. DEPOSIT IN HIGHWAY TRUST FUND.

There shall be deposited in the Highway Trust Fund
(1) any amounts rescinded under this title; and
(2) any amounts collected by the United States under this
title or division E (including an amendment made by this
title or division E).

DIVISION E--ENERGY DEVELOPMENT

TITLE I--EXPANDING OFFSHORE ENERGY DEVELOPMENT

SEC. 51001. OUTER CONTINENTAL SHELF LEASING PROGRAM.

Section 18(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1344(a)) is amended by adding at the end the
following:
``(5)(A) In each oil and gas leasing program under this
section, the Secretary shall make available for leasing and
conduct lease sales including--
``(i) at least 50 percent of the available unleased acreage
within each outer Continental Shelf planning area considered
to have the largest undiscovered, technically recoverable oil
and gas resources (on a total btu basis) based upon the most
recent national geologic assessment of the outer Continental
Shelf, with an emphasis on offering the most geologically
prospective parts of the planning area; and
``(ii) any State subdivision of an outer Continental Shelf
planning area that the Governor of the State that represents
that subdivision requests be made available for leasing.
``(B) In this paragraph the term `available unleased
acreage' means that portion of the outer Continental Shelf
that is not under lease at the time of a proposed lease sale,
and that has not otherwise been made unavailable for leasing
by law.
``(6)(A) In the 2012 2017 5-year oil and gas leasing
program, the Secretary shall make available for leasing any
outer Continental Shelf planning areas that--
``(i) are estimated to contain more than 2,500,000,000
barrels of oil; or
``(ii) are estimated to contain more than 7,500,000,000,000
cubic feet of natural gas.
``(B) To determine the planning areas described in
subparagraph (A), the Secretary shall use the document
entitled `Minerals Management Service Assessment of
Undiscovered Technically Recoverable Oil and Gas Resources of
the Nation's Outer Continental Shelf, 2006'.''.

SEC. 51002. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

Section 18(b) of the Outer Continental Shelf Lands Act (43
U.S.C. 1344(b)) is amended to read as follows:
``(b) Domestic Oil and Natural Gas Production Goal.--
``(1) In general.--In developing a 5-year oil and gas
leasing program, and subject to paragraph (2), the Secretary
shall determine a domestic strategic production goal for the
development of oil and natural gas as a result of that
program. Such goal shall be--
``(A) the best estimate of the possible increase in
domestic production of oil and natural gas from the outer
Continental Shelf;
``(B) focused on meeting domestic demand for oil and
natural gas and reducing the dependence of the United States
on foreign energy; and
``(C) focused on the production increases achieved by the
leasing program at the end of the 15-year period beginning on
the effective date of the program.
``(2) 2012 2017 program goal.--For purposes of the 2012
2017 5-year oil and gas leasing program, the production goal
referred to in paragraph (1) shall be an increase by 2027
of--
``(A) no less than 3,000,000 barrels in the amount of oil
produced per day; and
``(B) no less than 10,000,000,000 cubic feet in the amount
of natural gas produced per day.
``(3) Reporting.--The Secretary shall report annually,
beginning at the end of the 5-year period for which the
program applies, to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate on the progress of the
program in meeting the production goal. The Secretary shall
identify in the report projections for production and any
problems with leasing, permitting, or production that will
prevent meeting the goal.''.

TITLE II--CONDUCTING PROMPT OFFSHORE LEASE SALES

SEC. 52001. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE
SALE 216 IN THE CENTRAL GULF OF MEXICO.

(a) In General.--The Secretary of the Interior shall
conduct offshore oil and gas Lease Sale 216 under section 8
of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as
soon as practicable, but not later than 4 months after the
date of enactment of this Act.
(b) Environmental Review.--For the purposes of that lease
sale, the Environmental Impact Statement for the 2007 2012 5
Year OUTER CONTINENTAL SHELF Plan and the Multi-Sale
Environmental Impact Statement are deemed to satisfy the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).

SEC. 52002. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE
SALE 220 ON THE OUTER CONTINENTAL SHELF
OFFSHORE VIRGINIA.

(a) In General.--Notwithstanding the inclusion of Lease
Sale 220 in the fiscal years 2012 through fiscal year 2017 5
Year Outer Continental Shelf Oil and Gas Leasing Program, the
Secretary shall conduct offshore oil and gas Lease Sale 220
under section 8 of the Outer Continental Shelf Lands Act (33
U.S.C. 1337) as soon as practicable, but not later than one
year after the date of enactment of this Act.
(b) Prohibition on Conflicts With Military Operations.--No
person may engage in any exploration, development, or
production of oil or natural gas off the coast of Virginia
that would conflict with any military operation, as
determined in accordance with the Memorandum of Agreement
between the Department of Defense and the Department of the
Interior on Mutual Concerns on the Outer Continental Shelf
signed July 20, 1983, and any revision or replacement for
that agreement that is agreed to by the Secretary of Defense
and the Secretary of the Interior after that date but before
the date of issuance of the lease under which such
exploration, development, or production is conducted.

SEC. 52003. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE
SALE 222 IN THE CENTRAL GULF OF MEXICO.

(a) In General.--The Secretary shall conduct offshore oil
and gas Lease Sale 222 under section 8 of the Outer
Continental Shelf Lands Act (33 U.S.C. 1337) as soon as
practicable, but not later than September 1, 2012.

[[Page S1092]]

(b) Environmental Review.--For the purposes of that lease
sale, the Environmental Impact Statement for the 2007 2012 5
Year OUTER CONTINENTAL SHELF Plan and the Multi-Sale
Environmental Impact Statement are deemed to satisfy the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).

SEC. 52004. ADDITIONAL LEASES.

Section 18 of the Outer Continental Shelf Lands Act (43
U.S.C. 1344) is amended by adding at the end the following:
``(i) Additional Lease Sales.--In addition to lease sales
in accordance with a leasing program in effect under this
section, the Secretary may hold lease sales for areas
identified by the Secretary to have the greatest potential
for new oil and gas development as a result of local support,
new seismic findings, or nomination by interested persons.''.

SEC. 52005. DEFINITIONS.

In this title:
(1) The term ``Environmental Impact Statement for the 2007
2012 5 Year OUTER CONTINENTAL SHELF Plan'' means the Final
Environmental Impact Statement for Outer Continental Shelf
Oil and Gas Leasing Program: 2007 2012 (April 2007) prepared
by the Secretary.
(2) The term ``Multi-Sale Environmental Impact Statement''
means the Environmental Impact Statement for Proposed Western
Gulf of Mexico OUTER CONTINENTAL SHELF Oil and Gas Lease
Sales 204, 207, 210, 215, and 218, and Proposed Central Gulf
of Mexico OUTER CONTINENTAL SHELF Oil and Gas Lease Sales
205, 206, 208, 213, 216, and 222 (September 2008) prepared by
the Secretary.
(3) The term ``Secretary'' means the Secretary of the
Interior.

TITLE III--LEASING IN NEW OFFSHORE AREAS

SEC. 53001. LEASING IN THE EASTERN GULF OF MEXICO.

Section 104 of division C of the Tax Relief and Health Care
Act of 2006 (Public Law 109 432; 120 Stat. 3003) is repealed.

SEC. 53002. LEASING OFFSHORE OF TERRITORIES OF THE UNITED
STATES.

Section 2(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331) is amended, by inserting after ``control'' the
following: ``or lying within the United States' exclusive
economic zone and the Continental Shelf adjacent to the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the Virgin Islands, American Samoa, Guam, or
the other territories of the United States''.

TITLE IV--OUTER CONTINENTAL SHELF REVENUE SHARING

SEC. 54001. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES.

Section 9 of the Outer Continental Shelf Lands Act (43
U.S.C. 1338) is amended--
(1) in the existing text--
(A) in the first sentence, by striking ``All rentals,'' and
inserting the following:
``(c) Disposition of Revenue Under Old Leases.--All
rentals,''; and
(B) in subsection (c) (as designated by the amendment made
by subparagraph (A) of this paragraph), by striking ``for the
period from June 5, 1950, to date, and thereafter'' and
inserting ``in the period beginning June 5, 1950, and ending
on the date of enactment of the Moving Ahead for Progress in
the 21st Century Act'';
(2) by adding after subsection (c) (as so designated) the
following:
``(d)  New Leasing Revenues Defined.--In this section the
term `new leasing revenues' means amounts received by the
United States as bonuses, rents, and royalties under leases
for oil and gas, wind, tidal, or other energy exploration,
development, and production that are awarded under this Act
after the date of enactment of the Moving Ahead for Progress
in the 21st Century Act.''; and
(3) by inserting before subsection (c) (as so designated)
the following:
``(a) Payment of New Leasing Revenues to Coastal States,
Generally.--
``(1) In general.--Of the amount of new leasing revenues
received by the United States each fiscal year that is
described in paragraph (2), 37.5 percent shall be allocated
and paid in accordance with subsection (b) to coastal States
that are affected States with respect to the leases under
which those revenues are received by the United States.
``(2) Phase-in.--The amount of new leasing revenues
referred to in paragraph (1) is the sum determined by
adding--
``(A) 35 percent of new leasing revenues received by the
United States in the fiscal year under--
``(i) leases awarded under the first leasing program under
section 18(a) that takes effect after the date of enactment
of the Moving Ahead for Progress in the 21st Century Act; and
``(ii) other leases issued as a result of the enactment of
that Act;
``(B) 70 percent of new leasing revenues received by the
United States in the fiscal year under leases awarded under
the second such leasing program; and
``(C) 100 percent of new leasing revenues received by the
United States under leases awarded under the third such
leasing program or any such leasing program taking effect
thereafter.
``(b) Allocation of Payments to Coastal States.--
``(1) In general.--The amount of new leasing revenues
received by the United States with respect to a leased tract
that are required to be paid to coastal States in accordance
with this subsection each fiscal year shall be allocated
among and paid to such States that are within 200 miles of
the leased tract, in amounts that are inversely proportional
to the respective distances between the point on the
coastline of each such State that is closest to the
geographic center of the lease tract, as determined by the
Secretary.
``(2) Minimum and maximum allocation.--The amount allocated
to a coastal State under paragraph (1) each fiscal year with
respect to a leased tract shall be--
``(A) in the case of a coastal State that is the nearest
State to the geographic center of the leased tract, not less
than 25 percent of the total amounts allocated with respect
to the leased tract; and
``(B) in the case of any other coastal State, not less than
10 percent, and not more than 15 percent, of the total
amounts allocated with respect to the leased tract.
``(3) Administration.--Amounts allocated to a coastal State
under this subsection--
``(A) shall be available to the State without further
appropriation;
``(B) shall remain available until expended; and
``(C) shall be in addition to any other amounts available
to the State under this Act.
``(4) Use of funds.--
``(A) In general.--Except as provided in subparagraph (B),
a coastal State may use funds allocated and paid to it under
this subsection for any purpose as determined by State law.
``(B) Restriction on use for matching.--Funds allocated and
paid to a coastal State under this subsection may not be used
as matching funds for any other Federal program.''.

TITLE V--COASTAL PLAIN

SEC. 55001. DEFINITIONS.

In this title:
(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 reviewed'' means
reviewed--
(A) by individuals chosen by the National Academy of
Sciences with no contractual relationship 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 subparagraph (A) are not
available, by the top individuals in the specified biological
fields, as determined 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. 55002. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL
PLAIN.

(a) In General.--The Secretary shall take such actions as
are necessary--
(1) to establish and implement, in accordance with this
title 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 Coastal Plain; and
(2) to administer the provisions of this title through
regulations, lease terms, conditions, restrictions,
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, development, and production to all exploration,
development, and production operations under this title 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.--
(1) Repeal.--Section 1003 of the Alaska National 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 Certain Other
Laws.--
(1) Compatibility.--For purposes of the National 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 compatible with the purposes for which the Arctic National
Wildlife Refuge was established, and no further 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 Environmental 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 requirements under the National
Environmental Policy Act of 1969 that apply with respect to
prelease activities under this title, including

[[Page S1093]]

actions authorized to be taken by the Secretary to develop
and promulgate the regulations for the establishment of a
leasing program authorized by this title before the conduct
of the first lease sale.
(3) Compliance with nepa for other actions.--Before
conducting the first lease sale under this title, the
Secretary shall prepare an environmental impact statement
under the National Environmental Policy Act of 1969 with
respect to the actions authorized by this title 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 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 mitigation measures for those two alternatives.
The identification of the preferred action and related
analysis for the first lease sale under this title 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
requirements for the analysis and consideration of the
environmental effects of proposed leasing under this title.
(d) Relationship to State and Local Authority.--Nothing in
this title shall be considered to expand or limit State and
local regulatory authority.
(e) Special Areas.--
(1) In general.--The Secretary, after consultation with the
State of Alaska, the city of Kaktovik, and the North Slope
Borough, may designate 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 designate 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 Special Area from leasing. If the
Secretary leases a Special Area, or any part thereof, for
purposes of oil and gas exploration, development, production,
and related activities, there shall be no surface occupancy
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 technology from sites on leases tracts
located outside the Special Area.
(f) Limitation on Closed Areas.--The Secretary's sole
authority to close lands within the Coastal Plain to oil and
gas leasing and to exploration, development, and production
is that set forth in this title.
(g) Regulations.--
(1) In general.--The Secretary shall prescribe such
regulations as may be necessary to carry out this title,
including regulations relating 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 Secretary shall, through
a rule making conducted in accordance 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 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.

SEC. 55003. LEASE SALES.

(a) In General.--Lands may be leased under this title 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 regulation and no
later than 180 days after the date of enactment of this
title, establish procedures for--
(1) receipt and consideration of sealed nominations for any
area of 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 nomination
process; and
(3) public notice of and comment on designation of areas to
be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Lease sales under this title 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 title
those tracts the Secretary considers to have the greatest
potential for the discovery of hydrocarbons, taking into
consideration nominations received pursuant to subsection
(b)(1).
(2) The Secretary shall offer for lease under this title 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 title no
less than an additional 50,000 acres at 6-, 12-, and 18-month
intervals following offering under paragraph (2).
(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. 55004. GRANT OF LEASES BY THE SECRETARY.

(a) In General.--The Secretary may grant to the highest
responsible qualified bidder in a lease sale conducted under
section 55003 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 title
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. 55005. LEASE TERMS AND CONDITIONS.

(a) In General.--An oil or gas lease issued under this
title shall--
(1) provide for the payment of a royalty of not less than
12\1/2\ percent in amount or value of the production removed
or sold under the lease, as determined by the Secretary under
the regulations applicable to other Federal oil and gas
leases;
(2) provide that the Secretary may close, on a seasonal
basis, portions of the Coastal Plain to exploratory drilling
activities as necessary to protect caribou calving areas and
other species of fish and wildlife based on a preponderance
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;
(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 affected 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 responsibility 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 title 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 lessee, to a higher or better use as
certified by the Secretary;
(6) contain terms and conditions relating to protection of
fish and wildlife, their habitat, subsistence resources, and
the environment as required pursuant to section 55002(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 section 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
(9) contain such other provisions as the Secretary
determines necessary to ensure compliance with this title and
the regulations issued under this title.

SEC. 55006. 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 55002, administer
this title through regulations, lease terms, conditions,
restrictions, prohibitions, stipulations, and other
provisions that--
(1) 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, and the environment;
(2) require the application of the best commercially
available technology for oil and gas exploration,
development, and production on all new exploration,
development, and production operations; and
(3) ensure that the maximum amount of surface acreage
covered by production and support facilities, including
airstrips and any areas covered by gravel berms or piers for
support of pipelines, does 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 proposed drilling and
related activities, that--

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(1) a site-specific analysis be made of the probable
effects, if any, that the drilling or related activities will
have on fish and wildlife, their habitat, subsistence
resources, and the environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the extent practicable) any significant
adverse effect identified under paragraph (1); and
(3) the development of the plan shall occur after
consultation with the agency or agencies having 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 leasing program authorized by this title,
the Secretary shall prepare and promulgate regulations, lease
terms, conditions, restrictions, prohibitions, stipulations,
and other measures designed to ensure that the activities
undertaken on the Coastal Plain under this title are
conducted in a manner consistent with the purposes and
environmental requirements of this title.
(d) Compliance With Federal and State Environmental Laws
and Other Requirements.--The proposed regulations, lease
terms, conditions, restrictions, prohibitions, and
stipulations for the leasing program under this title 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 Statement'' (April 1987) on
the Coastal Plain.
(2) Seasonal limitations on exploration, development, 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 preponderance 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.
(3) That exploration activities, except for surface
geological studies, be limited to the period between
approximately November 1 and May 1 each year and that
exploration activities shall be supported, if necessary, by
ice roads, winter trails with adequate snow cover, ice pads,
ice airstrips, and air transport methods, except that such
exploration activities 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 possible, adverse
effects upon the passage of migratory species such as
caribou; and
(B) minimize adverse effects upon the flow of surface water
by requiring the use of culverts, 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 requirements,
consistent with the standards set forth in this title,
requiring the removal from the Coastal 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-related
disturbance to fish and wildlife.
(13) Treatment and disposal of hazardous and toxic wastes,
solid wastes, reserve pit fluids, drilling muds and cuttings,
and domestic wastewater, including an annual waste management
report, a hazardous materials tracking system, and a
prohibition on chlorinated solvents, in accordance with
applicable Federal and State environmental law.
(14) Fuel storage and oil spill contingency planning.
(15) Research, monitoring, and reporting requirements.
(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 designations
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 stipulations,
restrictions, terms, and conditions deemed necessary by the
Secretary.
(e) Considerations.--In preparing and promulgating
regulations, lease terms, conditions, restrictions,
prohibitions, and stipulations under this section, the
Secretary shall consider the following:
(1) The stipulations and conditions that govern the
National Petroleum Reserve-Alaska leasing program, 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 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, agreement 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 transportation of Coastal Plain oil and gas resources.
(2) Objectives.--The plan shall have the following
objectives:
(A) Avoiding unnecessary duplication of facilities and
activities.
(B) Encouraging consolidation of common facilities and
activities.
(C) Locating or confining facilities and activities to
areas that will minimize impact on fish and wildlife, their
habitat, and the environment.
(D) Utilizing existing facilities wherever practicable.
(E) Enhancing compatibility between wildlife 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 Interest Lands
Conservation Act (16 U.S.C. 3121); and
(2) ensure that local residents shall have reasonable
access to public lands in the Coastal Plain for traditional
uses.

SEC. 55007. EXPEDITED JUDICIAL REVIEW.

(a) Filing of Complaint.--
(1) Deadline.--Subject to paragraph (2), any complaint
seeking judicial review--
(A) of any provision of this title 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 title 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 review of any
provision of this title or any action of the Secretary under
this title may be filed only in the United States Court of
Appeals for the District of Columbia.
(3) Limitation on scope of certain review.--Judicial review
of a Secretarial decision to conduct a lease sale under this
title, including the environmental analysis thereof, shall be
limited to whether the Secretary has complied with this title
and shall be based upon the administrative record of that
decision. The Secretary's identification of a preferred
course of action to enable leasing to proceed and the
Secretary's analysis of environmental effects under this
title shall be presumed to be correct unless shown otherwise
by clear and convincing evidence 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 title
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. 55008. TREATMENT OF REVENUES.

Notwithstanding any other provision of law, 50 percent of
the amount of bonus, rental, and royalty revenues from
Federal oil and gas leasing and operations authorized under
this title shall be deposited in the Treasury.

SEC. 55009. 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 produced under leases under this title--
(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 National Interest Lands Conservation
Act (16 U.S.C. 3161 et seq.); and
(2) under title XI of the Alaska National Interest Lands
Conservation Act (30 U.S.C. 3161 et seq.), for access
authorized by sections 1110 and 1111 of that Act (16 U.S.C.
3170 and 3171).

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(b) Terms and Conditions.--The Secretary shall include in
any right-of-way or easement issued under subsection (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,
subsistence 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 55002(g) provisions granting
rights-of-way and easements described in subsection (a) of
this section.

SEC. 55010. CONVEYANCE.

In order to maximize Federal revenues by removing clouds on
title to lands and clarifying land ownership patterns within
the Coastal Plain, the Secretary, notwithstanding section
1302(h)(2) of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3192(h)(2)), shall convey--
(1) to the Kaktovik Inupiat Corporation the surface estate
of the lands described in paragraph 1 of Public Land Order
6959, to the extent necessary to fulfill the Corporation's
entitlement under sections 12 and 14 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance
with the terms and conditions of the Agreement between the
Department of the Interior, the United States Fish and
Wildlife Service, the Bureau of Land Management, and the
Kaktovik Inupiat Corporation dated January 22, 1993; and
(2) to the Arctic Slope Regional Corporation the remaining
subsurface estate to which it is entitled pursuant to the
August 9, 1983, agreement between the Arctic Slope Regional
Corporation and the United States of America.

TITLE VI--OIL SHALE AND TAR SANDS LEASING

SEC. 56001. EFFECTIVENESS OF OIL SHALE REGULATIONS,
AMENDMENTS TO RESOURCE MANAGEMENT PLANS, AND
RECORD OF DECISION.

(a) Regulations.--Notwithstanding any other law or
regulation to the contrary, the final regulations regarding
oil shale management published by the Bureau of Land
Management on November 18, 2008 (73 Fed. Reg. 69,414) are
deemed to satisfy all legal and procedural requirements under
any law, including the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Energy
Policy Act of 2005 (Public Law 109 58), and the Secretary of
the Interior shall implement those regulations, including the
oil shale and tar sands leasing program authorized by the
regulations, without any other administrative action
necessary.
(b) Amendments to Resource Management Plans and Record of
Decision.--Notwithstanding any other law or regulation to the
contrary, the November 17, 2008 U.S. Bureau of Land
Management Approved Resource Management Plan Amendments/
Record of Decision for Oil Shale and Tar Sands Resources to
Address Land Use Allocations in Colorado, Utah, and Wyoming
and Final Programmatic Environmental Impact Statement are
deemed to satisfy all legal and procedural requirements under
any law, including the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Energy
Policy Act of 2005 (Public Law 109 58), and the Secretary of
the Interior shall implement the oil shale and tar sands
leasing program authorized by the regulations referred to in
subsection (a) in those areas covered by the resource
management plans amended by such amendments, and covered by
such record of decision, without any other administrative
action necessary.

SEC. 56002. OIL SHALE AND TAR SANDS LEASING.

(a) Additional Research and Development Lease Sales.--The
Secretary of the Interior shall hold a lease sale within 180
days after the date of enactment of this Act offering an
additional 10 parcels for lease for research, development,
and demonstration of oil shale or tar sands resources, under
the terms offered in the solicitation of bids for such leases
published on January 15, 2009 (74 Fed. Reg. 10).
(b) Commercial Lease Sales.--No later than January 1, 2016,
the Secretary of the Interior shall hold no less than 5
separate commercial lease sales in areas considered to have
the most potential for oil shale or tar sands development, as
determined by the Secretary, in areas nominated through
public comment. Each lease sale shall be for an area of not
less than 25,000 acres, and in multiple lease blocs.
(c) Reduced Payments To Ensure Production.--The Secretary
of the Interior may temporarily reduce royalties, fees,
rentals, bonus, or other payments for leases of Federal lands
for the development and production of oil shale resources as
necessary to incentivize and encourage development of such
resources, if the Secretary determines that the royalties,
fees, rentals, bonus bids, and other payments otherwise
authorized by law are hindering production of such resources.
______