,i #aacth ,,congress #ast ,session ,h4 ,r4 #bjha ,,in ,,the ,,house ,,of ,,representatives ,may #ba1 #bjac ,mr4 ,thornberry introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,ways and ,means and ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 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 transmission4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,no ,more ,excuses ,energy ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,refineries ,sec4 #aja4 ,tax-exempt financing of domestic use oil refinery facilities4 ,sec4 #ajb4 ,designation and availability of ,federal lands for oil and natural gas refineries4 ,title ,,ii--,alternative ,energy ,sec4 #bja4 ,phaseout of credit for electricity produced from certain renewable resources4 ,sec4 #bjb4 ,equalization of excise tax on liquefied natural gas and per energy equivalent of diesel4 ,sec4 #bjc4 ,extension of alternative fuel credit4 ,title ,,iii--,nuclear ,energy ,sec4 #cja4 ,waste confidence4 ,sec4 #cjb4 ,,asme ,nuclear ,certification credit4 ,title ,,iv--,drilling ,subtitle ,a--,tax provisions ,sec4 #dja4 ,credit for producing fuel from nonconventional sources to apply to gas produced onshore from formations more than #ae1jjj feet deep4 ,sec4 #djb4 ,repeal of minimum capture requirement for carbon dioxide sequestration credit4 ,subtitle ,b--,oil and gas development on the ,coastal ,plain of ,alaska ,sec4 #daa4 ,short title4 ,sec4 #dab4 ,definitions4 ,sec4 #dac4 ,leasing program for lands within the ,coastal ,plain4 ,sec4 #dad4 ,lease sales4 ,sec4 #dae4 ,grant of leases by the ,secretary4 ,sec4 #daf4 ,lease terms and conditions4 ,sec4 #dag4 ,coastal plain environmental protection4 ,sec4 #dah4 ,expedited judicial review4 ,sec4 #dai4 ,federal and ,state distribution of revenues4 ,sec4 #dbj4 ,rights-of-way across the ,coastal ,plain4 ,sec4 #dba4 ,conveyance4 ,sec4 #dbb4 ,local government impact aid and community service assistance4 ,subtitle ,c--,offshore ,oil and ,gas ,development ,sec4 #dca4 ,repeal of moratorium on oil and gas leasing in the ,gulf of ,mexico4 ,sec4 #dcb4 ,inclusion of areas in #bjab-bjag outer ,continental ,shelf oil and gas leasing program4 ,title ,v--,greenhouse gas regulation ,sec4 #eja4 ,no regulation of emissions of greenhouse gases under ,clean ,air ,act4 ,i ,refineries #aja4 ,tax-exempt financing of domestic use oil refinery facilities 7a7 ,in general 7#a7 ,treatment as exempt facility bond ,subsection 7a7 of section #adb of the ,internal ,revenue ,code of #aihf 7relating to exempt facility bond7 is amended by striking or at the end of paragraph 7#ad71 by striking the period at the end of paragraph 7#ae7 and inserting 1 or1 and by inserting at the end the following new paragraph3 7#af7 domestic use oil refinery facilities4 4 7#b7 ,domestic use oil refinery facilities ,section #adb of such ,code is amended by adding at the end the following new subsection3 7n7 ,domestic use oil refinery facilities 7#a7 ,in general ,for purposes of subsection 7a77#af71 the term domestic use oil refinery facility means any facility in the ,united ,states-- 7,a7 which processes liquid fuel from crude oil1 and 7,b7 all of the output of which it is reasonably certain ultimate consumption will occur in the ,united ,states4 7#b7 ,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 subsection1 rules similar to the rules of subsection 7f77#d7 shall apply for purposes of this section4 4 7b7 ,effective date ,the amendments made by this section shall apply to bonds issued after the date of the enactment of this ,act4 #ajb4 ,designation and availability of ,federal lands for oil and natural gas refineries 7a7 ,designation ,within #ah months after the date of enactment of this ,act1 the ,president shall designate at least #aj sites on ,federal lands that are suitable for the siting of an oil refinery or natural gas refinery 7or both74 7b7 ,availability of lands ,within #bd months after the date of enactment of this ,act1 the ,president shall make each site designated under subsection 7a7 available to the private sector for construction of an oil refinery or natural gas refinery 7or both71 as appropriate4 ,,ii ,alternative ,energy #bja4 ,phaseout of credit for electricity produced from certain renewable resources 7a7 #e-,year extension ,paragraph 7#a7 of section #de7;d7 of the ,internal ,revenue ,code of #aihf is amended by striking ,january #a1 #bjad in paragraph 7#a7 and inserting ,january #a1 #bjai4 7b7 ,phaseout of credit ,subsection 7e7 of section #de of such ,code is amended by adding at the end the following new paragraph3 7#ab7 ,phaseout of credit for wind energy 7,a7 ,in general ,in the case of facilities to which subsection 7d77#a7 applies and the construction of which begins after ,december #ca1 #bjac1 the number of cents taken into account under subsection 7a7 for taxable years ending after such date shall be only the applicable percentage of such number 7determined without regard to this paragraph7 for such year4 ,if any amount determined under the preceding sentence is not a multiple of #j4ja cent1 such amount shall be rounded to the nearest multiple of #j4ja cent4 7,b7 ,applicable percentage ,for purposes of subparagraph 7,a7-- ,in the case of facilities the construction of which begins in3,the applicable percentage is3 #bjadij #bjaehj #bjafgj #bjag or #bjahfj 4 7c7 ,effective date ,the amendments made by this section shall apply to property originally placed in service on or after ,january #a1 #bjac4 #bjb4 ,equalization of excise tax on liquefied natural gas and per energy equivalent of diesel 7a7 ,in general ,subparagraph 7,b7 of section #djda7;a77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking the period at the end of clause 7ii7 and inserting 1 and1 and by inserting after clause 7ii7 the following new clause3 7iii7 in the case of liquefied natural gas1 #bd4c cents per energy equivalent of a gallon of diesel4 4 7b7 ,energy equivalent of a gallon of diesel and administrative provision ,paragraph 7#b7 of section #djda7;a7 of such ,code is amended by adding at the end the following3 7,c7 ,energy equivalent of a gallon of diesel ,for purposes of this paragraph1 the term energy equivalent of a gallon of diesel means1 with respect to a liquefied natural gas fuel1 the amount of such fuel having a ,btu content of #abh1gjj 7lower heating value74 7,d7 ,administrative provisions ,for purposes of applying this title with respect to the taxes imposed by this subsection1 references to any liquid subject to tax under this subsection shall be treated as including references to liquefied natural gas subject to tax under this paragraph4 4 7c7 ,conforming amendments ,section #djda7;a77#b77;,b77ii7 of such ,code is amended-- 7#a7 by striking liquefied natural gas11 and 7#b7 by striking peat71 and and inserting peat7 and4 7d7 ,effective date ,the amendments made by this section shall apply to any sale or use of liquefied natural gas after #ad days after the date of the enactment of this ,act4 #bjc4 ,extension of alternative fuel credit 7a7 ,in general ,paragraph 7#e7 of section #fdbf7;d7 of the ,internal ,revenue ,code of #aihf 7relating to alternative fuel credit7 is amended by striking ,december #ca1 #bjac and all that follows and inserting ,december #ca1 #bjad44 7b7 ,effective date ,the amendments made by this section shall apply to fuel sold or used after ,december #ca1 #bjac4 ,,iii ,nuclear ,energy #cja4 ,waste confidence ,the ,nuclear ,regulatory ,commission may not deny an application for a license1 permit1 or other authorization under the ,atomic ,energy ,act of #aied on the grounds that sufficient capacity does not exist1 or will not become available on a timely basis1 for disposal of spent nuclear fuel or high-level radioactive waste from the facility for which the license1 permit1 or other authorization is sought4 #cjb4 ,,asme ,nuclear ,certification credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf 7relating to business related credits7 is amended by adding at the end the following new section3 #de,s4 ,,asme ,nuclear ,certification credit 7a7 ,in general ,for purposes of section #ch1 the ,,asme ,nuclear ,certification credit determined under this section for any taxable year is an amount equal to #ae percent of the qualified nuclear expenditures paid or incurred by the taxpayer4 7b7 ,qualified nuclear expenditures ,for purposes of this section1 the term qualified nuclear expenditures means any expenditure related to-- 7#a7 obtaining a certification under the ,american ,society of ,mechanical ,engineers ,nuclear ,component ,certification program1 or 7#b7 increasing the taxpayer's capacity to construct1 fabricate1 assemble1 or install components-- 7,a7 for any facility which uses nuclear energy to produce electricity1 and 7,b7 with respect to the construction1 fabrication1 assembly1 or installation of which the taxpayer is certified under such program4 7c7 ,timing of credit ,the credit allowed under subsection 7a7 for any expenditures shall be allowed-- 7#a7 in the case of a qualified nuclear expenditure described in subsection 7b77#a71 for the taxable year of such certification1 and 7#b7 in the case of any other qualified nuclear expenditure1 for the taxable year in which such expenditure is paid or incurred4 7d7 ,special rules 7#a7 ,basis adjustment ,for purposes of this subtitle1 if a credit is allowed under this section for an expenditure1 the increase in basis which would result 7but for this subsection7 for such expenditure shall be reduced by the amount of the credit allowed under this section4 7#b7 ,denial of double benefit ,no deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section4 7e7 ,termination ,this section shall not apply to any expenditures paid or incurred in taxable years beginning after ,december #ca1 #bjai4 4 7b7 ,conforming amendments 7#a7 ,subsection 7b7 of section #ch of such ,code is amended by striking plus at the end of paragraph 7#ce71 by striking the period at the end of paragraph 7#cf7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cg7 the ,,asme ,nuclear ,certification credit determined under section #de,s7a74 4 7#b7 ,subsection 7a7 of section #ajaf 7relating to adjustments to basis7 of such ,code is amended by striking and at the end of paragraph 7#cf71 by striking the period at the end of paragraph 7#cg7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#ch7 to the extent provided in section #de,s7d77#a74 4 7c7 ,effective date ,the amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after ,december #ca1 #bjab4 ,,iv ,drilling ,a ,tax provisions #dja4 ,credit for producing fuel from nonconventional sources to apply to gas produced onshore from formations more than #ae1jjj feet deep 7a7 ,in general ,subparagraph 7,b7 of section #de,k7c77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of clause 7i71 by striking and at the end of clause 7ii7 and inserting or1 and by inserting after clause 7ii7 the following new clause3 7iii7 an onshore well from a formation more than #ae1jjj feet deep1 and 4 7b7 ,eligible deep gas wells ,section #de,k of such ,code is amended by adding at the end the following new subsection3 7h7 ,eligible deep gas wells ,in the case of a well producing qualified fuel described in subsection 7c77#a77;,b77iii7-- 7#a7 for purposes of subsection 7e77#a77;,a71 such well shall be treated as drilled before ,january #a1 #aiic1 if such well is drilled after the date of the enactment of this subsection1 and 7#b7 subsection 7e77#b7 shall not apply4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years ending after the date of the enactment of this ,act4 #djb4 ,repeal of minimum capture requirement for carbon dioxide sequestration credit 7a7 ,in general ,subsection 7c7 of section #de,q of the ,internal ,revenue ,code of #aihf is amended by inserting and at the end of paragraph 7#a71 by striking 1 and at the end of paragraph 7#b7 and inserting a period1 and by striking paragraph 7#c74 7b7 ,effective date ,the amendments made by this section shall apply to carbon dioxide captured after the date of the enactment of this ,act4 ,b ,oil and gas development on the ,coastal ,plain of ,alaska #daa4 ,short title ,this subtitle may be cited as the ,american-,made ,energy and ,good ,jobs ,act4 #dab4 ,definitions ,in this subtitle3 7#a7 ,coastal ,plain ,the term ,coastal ,plain means that area described in appendix ,i to part #cg of title #ej1 ,code of ,federal ,regulations4 7#b7 ,secretary ,the term ,secretary1 except as otherwise provided1 means the ,secretary of the ,interior or the ,secretary's designee4 #dac4 ,leasing program for lands within the ,coastal ,plain 7a7 ,in general ,the ,secretary shall take such actions as are necessary-- 7#a7 to establish and implement1 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 ,service1 a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration1 development1 and production of the oil and gas resources of the ,coastal ,plain2 and 7#b7 to administer the provisions of this subtitle through regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other provisions that ensure the oil and gas exploration1 development1 and production activities on the ,coastal ,plain will result in no significant adverse effect on fish and wildlife1 their habitat1 subsistence resources1 and the environment1 including1 in furtherance of this goal1 by requiring the application of the best commercially available technology for oil and gas exploration1 development1 and production to all exploration1 development1 and production operations under this subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased4 7b7 ,repeal 7#a7 ,repeal ,section #ajjc of the ,alaska ,national ,interest ,lands ,conservation ,act of #aihj 7#af ,u4,s4,c4 #cadc7 is repealed4 7#b7 ,conforming amendment ,the table of contents in section #a of such ,act is amended by striking the item relating to section #ajjc4 7c7 ,compliance with requirements under certain other laws 7#a7 ,compatibility ,for purposes of the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd et seq471 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 established1 and no further findings or decisions are required to implement this determination4 7#b7 ,adequacy of the ,department of the ,interior's legislative environmental impact statement ,the ,final ,legislative ,environmental ,impact ,statement 7,april #aihg7 on the ,coastal ,plain prepared pursuant to section #ajjb of the ,alaska ,national ,interest ,lands ,conservation ,act of #aihj 7#af ,u4,s4,c4 #cadb7 and section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 is deemed to satisfy the requirements under the ,national ,environmental ,policy ,act of #aifi that apply with respect to prelease activities1 including actions authorized to be taken by the ,secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this subtitle before the conduct of the first lease sale4 7#c7 ,compliance with ,,nepa for other actions ,before conducting the first lease sale under this subtitle1 the ,secretary shall prepare an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi with respect to the actions authorized by this subtitle that are not referred to in paragraph 7#b74 ,notwithstanding any other law1 the ,secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action4 ,the ,secretary shall only identify a preferred action for such leasing and a single leasing alternative1 and analyze the environmental effects and potential mitigation measures for those two alternatives4 ,the identification of the preferred action and related analysis for the first lease sale under this subtitle shall be completed within #ah months after the date of enactment of this ,act4 ,the ,secretary shall only consider public comments that specifically address the ,secretary's preferred action and that are filed within #bj days after publication of an environmental analysis4 ,notwithstanding any other law1 compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle4 7d7 ,relationship to ,state and local authority ,nothing in this subtitle shall be considered to expand or limit ,state and local regulatory authority4 7e7 ,special areas 7#a7 ,in general ,the ,secretary1 after consultation with the ,state of ,alaska1 the city of ,kaktovik1 and the ,north ,slope ,borough1 may designate up to a total of #de1jjj 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 protection4 ,the ,secretary shall designate as such a ,special ,area the ,sadlerochit ,spring area1 comprising approximately #d1jjj acres4 7#b7 ,management ,each such ,special ,area shall be managed so as to protect and preserve the area's unique and diverse character including its fish1 wildlife1 and subsistence resource values4 7#c7 ,exclusion from leasing or surface occupancy ,the ,secretary may exclude any ,special ,area from leasing4 ,if the ,secretary leases a ,special ,area1 or any part thereof1 for purposes of oil and gas exploration1 development1 production1 and related activities1 there shall be no surface occupancy of the lands comprising the ,special ,area4 7#d7 ,directional drilling ,notwithstanding the other provisions of this subsection1 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 located outside the ,special ,area4 7f7 ,limitation on closed areas ,the ,secretary's sole authority to close lands within the ,coastal ,plain to oil and gas leasing and to exploration1 development1 and production is that set forth in this subtitle4 7g7 ,regulations 7#a7 ,in general ,the ,secretary shall prescribe such regulations as may be necessary to carry out this subtitle1 including rules and regulations relating to protection of the fish and wildlife1 their habitat1 subsistence resources1 and environment of the ,coastal ,plain1 by no later than #ae months after the date of enactment of this ,act4 7#b7 ,revision of regulations ,the ,secretary shall periodically review and1 if appropriate1 revise the rules and regulations issued under subsection 7a7 to reflect any significant biological1 environmental1 or engineering data that come to the ,secretary's attention4 #dad4 ,lease sales 7a7 ,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 7#cj ,u4,s4,c4 #aha et seq474 7b7 ,procedures ,the ,secretary shall1 by regulation1 establish procedures for-- 7#a7 receipt and consideration of sealed nominations for any area in the ,coastal ,plain for inclusion in1 or exclusion 7as provided in subsection 7c77 from1 a lease sale2 7#b7 the holding of lease sales after such nomination process2 and 7#c7 public notice of and comment on designation of areas to be included in1 or excluded from1 a lease sale4 7c7 ,lease sale bids ,bidding for leases under this subtitle shall be by sealed competitive cash bonus bids4 7d7 ,acreage minimum in first sale ,in the first lease sale under this subtitle1 the ,secretary shall offer for lease those tracts the ,secretary considers to have the greatest potential for the discovery of hydrocarbons1 taking into consideration nominations received pursuant to subsection 7b77#a71 but in no case less than #bjj1jjj acres4 7e7 ,timing of lease sales ,the ,secretary shall-- 7#a7 conduct the first lease sale under this subtitle within #bb months after the date of the enactment of this ,act2 and 7#b7 conduct additional sales so long as sufficient interest in development exists to warrant1 in the ,secretary's judgment1 the conduct of such sales4 #dae4 ,grant of leases by the ,secretary 7a7 ,in general ,the ,secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section #dad any lands to be leased on the ,coastal ,plain upon payment by the lessee of such bonus as may be accepted by the ,secretary4 7b7 ,subsequent transfers ,no lease issued under this subtitle may be sold1 exchanged1 assigned1 sublet1 or otherwise transferred except with the approval of the ,secretary4 ,prior to any such approval the ,secretary shall consult with1 and give due consideration to the views of1 the ,attorney ,general4 #daf4 ,lease terms and conditions ,an oil or gas lease issued pursuant to this subtitle shall-- 7#a7 provide for the payment of a royalty of not less than #ab percent in amount or value of the production removed or sold from the lease1 as determined by the ,secretary under the regulations applicable to other ,federal oil and gas leases2 7#b7 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 exploration1 development1 production1 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 lessee2 7#c7 provide that the lessee may not delegate or convey1 by contract or otherwise1 the reclamation responsibility and liability to another person without the express written approval of the ,secretary2 7#d7 provide that the standard of reclamation for lands required to be reclaimed under this subtitle shall be1 as nearly as practicable1 a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration1 development1 or production activities1 or upon application by the lessee1 to a higher or better use as approved by the ,secretary2 7#e7 include requirements and restrictions to provide for reasonable protection of fish and wildlife1 their habitat1 subsistence resources1 and the environment as determined by the ,secretary2 7#f7 prohibit the export of oil produced under the lease2 and 7#g7 contain such other provisions as the ,secretary determines necessary to ensure compliance with the provisions of this subtitle and the regulations issued under this subtitle4 #dag4 ,coastal plain environmental protection 7a7 ,no significant adverse effect standard ,to govern authorized ,coastal ,plain activities ,the ,secretary shall1 consistent with the requirements of section #dac1 administer the provisions of this subtitle through regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other provisions that-- 7#a7 ensure the oil and gas exploration1 development1 and production activities on the ,coastal ,plain will result in no significant adverse effect on fish and wildlife1 their habitat1 and the environment2 7#b7 require the application of the best commercially available technology for oil and gas exploration1 development1 and production on all new exploration1 development1 and production operations2 and 7#c7 ensure that the maximum amount of surface acreage covered by production and support facilities1 including airstrips and any areas covered by gravel berms or piers for support of pipelines1 does not exceed #b1jjj acres on the ,coastal ,plain4 7b7 ,site-,specific assessment and mitigation ,the ,secretary shall also require1 with respect to any proposed drilling and related activities1 that-- 7#a7 a site-specific analysis be made of the probable effects1 if any1 that the drilling or related activities will have on fish and wildlife1 their habitat1 subsistence resources1 and the environment2 7#b7 a plan be implemented to avoid1 minimize1 and mitigate 7in that order and to the extent practicable7 any significant adverse effect identified under paragraph 7#a72 and 7#c7 the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan4 7c7 ,regulations ,to protect coastal plain fish and wildlife resources1 subsistence users1 and the environment ,before implementing the leasing program authorized by this subtitle1 the ,secretary shall prepare and promulgate regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 and other measures designed to ensure that the activities undertaken on the ,coastal ,plain under this subtitle are conducted in a manner consistent with the purposes and environmental requirements of this subtitle4 7d7 ,compliance with ,federal and ,state environmental laws and other requirements ,the proposed regulations1 lease terms1 conditions1 restrictions1 prohibitions1 and stipulations for the leasing program under this subtitle shall require compliance with all applicable provisions of ,federal and ,state environmental law1 and shall also require the following3 7#a7 ,standards at least as effective as the safety and environmental mitigation measures set forth in items #a through #bi at pages #afg through #afi of the ,final ,legislative ,environmental ,impact ,statement 7,april #aihg7 on the ,coastal ,plain4 7#b7 ,seasonal limitations on exploration1 development1 and related activities1 where necessary1 to avoid significant adverse effects during periods of concentrated fish and wildlife breeding1 denning1 nesting1 spawning1 and migration4 7#c7 ,design safety and construction standards for all pipelines and any access and service roads1 that-- 7,a7 minimize1 to the maximum extent possible1 adverse effects upon the passage of migratory species such as caribou2 and 7,b7 minimize adverse effects upon the flow of surface water by requiring the use of culverts1 bridges1 and other structural devices4 7#d7 ,prohibitions on general public access and use on all pipeline access and service roads4 7#e7 ,stringent reclamation and rehabilitation requirements1 consistent with the standards set forth in this subtitle1 requiring the removal from the ,coastal ,plain of all oil and gas development and production facilities1 structures1 and equipment upon completion of oil and gas production operations1 except that the ,secretary may exempt from the requirements of this paragraph those facilities1 structures1 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 purpose4 7#f7 ,appropriate prohibitions or restrictions on access by all modes of transportation4 7#g7 ,appropriate prohibitions or restrictions on sand and gravel extraction4 7#h7 ,consolidation of facility siting4 7#i7 ,appropriate prohibitions or restrictions on use of explosives4 7#aj7 ,avoidance1 to the extent practicable1 of springs1 streams1 and river system2 the protection of natural surface drainage patterns1 wetlands1 and riparian habitats2 and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling4 7#aa7 ,avoidance or minimization of air traffic-related disturbance to fish and wildlife4 7#ab7 ,treatment and disposal of hazardous and toxic wastes1 solid wastes1 reserve pit fluids1 drilling muds and cuttings1 and domestic wastewater1 including an annual waste management report1 a hazardous materials tracking system1 and a prohibition on chlorinated solvents1 in accordance with applicable ,federal and ,state environmental law4 7#ac7 ,fuel storage and oil spill contingency planning4 7#ad7 ,research1 monitoring1 and reporting requirements4 7#ae7 ,field crew environmental briefings4 7#af7 ,avoidance of significant adverse effects upon subsistence hunting1 fishing1 and trapping by subsistence users4 7#ag7 ,compliance with applicable air and water quality standards4 7#ah7 ,appropriate seasonal and safety zone designations around well sites1 within which subsistence hunting and trapping shall be limited4 7#ai7 ,reasonable stipulations for protection of cultural and archeological resources4 7#bj7 ,all other protective environmental stipulations1 restrictions1 terms1 and conditions deemed necessary by the ,secretary4 7e7 ,considerations ,in preparing and promulgating regulations1 lease terms1 conditions1 restrictions1 prohibitions1 and stipulations under this section1 the ,secretary shall consider the following3 7#a7 ,the stipulations and conditions that govern the ,national ,petroleum ,reserve-,alaska leasing program1 as set forth in the #aiii ,northeast ,national ,petroleum ,reserve-,alaska ,final ,integrated ,activity ,plan_/,environmental ,impact ,statement4 7#b7 ,the environmental protection standards that governed the initial ,coastal ,plain seismic exploration program under parts #cg4ca to #cg4cc of title #ej1 ,code of ,federal ,regulations4 7#c7 ,the land use stipulations for exploratory drilling on the ,,kic-,,asrc private lands that are set forth in appendix #b of the ,august #i1 #aihc1 agreement between ,arctic ,slope ,regional ,corporation and the ,united ,states4 7f7 ,facility consolidation planning 7#a7 ,in general ,the ,secretary shall1 after providing for public notice and comment1 prepare and update periodically a plan to govern1 guide1 and direct the siting and construction of facilities for the exploration1 development1 production1 and transportation of ,coastal ,plain oil and gas resources4 7#b7 ,objectives ,the plan shall have the following objectives3 7,a7 ,avoiding unnecessary duplication of facilities and activities4 7,b7 ,encouraging consolidation of common facilities and activities4 7,c7 ,locating or confining facilities and activities to areas that will minimize impact on fish and wildlife1 their habitat1 and the environment4 7,d7 ,utilizing existing facilities wherever practicable4 7,e7 ,enhancing compatibility between wildlife values and development activities4 7g7 ,access to public lands ,the ,secretary shall-- 7#a7 manage public lands in the ,coastal ,plain subject to subsections 7a7 and 7b7 of section #haa of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caba72 and 7#b7 ensure that local residents shall have reasonable access to public lands in the ,coastal ,plain for traditional uses4 #dah4 ,expedited judicial review 7a7 ,filing of complaint 7#a7 ,deadline ,subject to paragraph 7#b71 any complaint seeking judicial review of any provision of this subtitle or any action of the ,secretary under this subtitle shall be filed-- 7,a7 except as provided in subparagraph 7,b71 within the #ij-;day period beginning on the date of the action being challenged2 or 7,b7 in the case of a complaint based solely on grounds arising after such period1 within #ij days after the complainant knew or reasonably should have known of the grounds for the complaint4 7#b7 ,venue ,any complaint seeking judicial review of any provision of this subtitle or any action of the ,secretary under this subtitle may be filed only in the ,united ,states ,court of ,appeals for the ,district of ,columbia4 7#c7 ,limitation on scope of certain review ,judicial review of a ,secretarial decision to conduct a lease sale under this subtitle1 including the environmental analysis thereof1 shall be limited to whether the ,secretary has complied with the terms of this subtitle and shall be based upon the administrative record of that decision4 ,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 subtitle shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary4 7b7 ,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 enforcement4 #dai4 ,federal and ,state distribution of revenues 7a7 ,in general ,notwithstanding any other provision of law1 of the amount of adjusted bonus1 rental1 and royalty revenues from ,federal oil and gas leasing and operations authorized under this subtitle-- 7#a7 #be percent shall be paid to the ,state of ,alaska2 and 7#b7 except as provided in section #dbb7;d71 the balance shall be deposited into the ,treasury as miscellaneous receipts4 7b7 ,payments to ,alaska ,payments to the ,state of ,alaska under this section shall be made semiannually4 #dbj4 ,rights-of-way across the ,coastal ,plain 7a7 ,in general ,the ,secretary shall issue rights-of-way and easements across the ,coastal ,plain for the transportation of oil and gas-- 7#a7 except as provided in paragraph 7#b71 under section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe71 without regard to title ,,xi of the ,alaska ,national ,interest ,lands ,conservation ,act 7#cj ,u4,s4,c4 #cafa et seq472 and 7#b7 under title ,,xi of the ,alaska ,national ,interest ,lands ,conservation ,act 7#cj ,u4,s4,c4 #cafa et seq471 for access authorized by sections #aaaj and #aaaa of that ,act 7#af ,u4,s4,c4 #cagj and #caga74 7b7 ,terms and conditions ,the ,secretary shall include in any right-of-way or easement issued under subsection 7a7 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 wildlife1 subsistence resources1 their habitat1 and the environment of the ,coastal ,plain1 including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines4 7c7 ,regulations ,the ,secretary shall include in regulations under section #dac7;g7 provisions granting rights-of-way and easements described in subsection 7a7 of this section4 #dba4 ,conveyance ,in order to maximize ,federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the ,coastal ,plain1 the ,secretary1 notwithstanding the provisions of section #acjb7;h77#b7 of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caib7;h77#b771 shall convey-- 7#a7 to the ,kaktovik ,inupiat ,corporation the surface estate of the lands described in paragraph #a of ,public ,land ,order #fiei1 to the extent necessary to fulfill the ,corporation's entitlement under sections #ab and #ad of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afaa and #afac7 in accordance with the terms and conditions of the ,agreement between the ,department of the ,interior1 the ,united ,states ,fish and ,wildlife ,service1 the ,bureau of ,land ,management1 and the ,kaktovik ,inupiat ,corporation effective ,january #bb1 #aiic2 and 7#b7 to the ,arctic ,slope ,regional ,corporation the remaining subsurface estate to which it is entitled pursuant to the ,august #i1 #aihc1 agreement between the ,arctic ,slope ,regional ,corporation and the ,united ,states of ,america4 #dbb4 ,local government impact aid and community service assistance 7a7 ,financial assistance authorized 7#a7 ,in general ,the ,secretary may use amounts available from the ,coastal ,plain ,local ,government ,impact ,aid ,assistance ,fund established by subsection 7d7 to provide timely financial assistance to entities that are eligible under paragraph 7#b7 and that are directly impacted by the exploration for or production of oil and gas on the ,coastal ,plain under this subtitle4 7#b7 ,eligible entities ,the ,north ,slope ,borough1 the ,city of ,kaktovik1 and any other borough1 municipal subdivision1 village1 or other community in the ,state of ,alaska that is directly impacted by exploration for1 or the production of1 oil or gas on the ,coastal ,plain under this subtitle1 as determined by the ,secretary1 shall be eligible for financial assistance under this section4 7b7 ,use of assistance ,financial assistance under this section may be used only for-- 7#a7 planning for mitigation of the potential effects of oil and gas exploration and development on environmental1 social1 cultural1 recreational1 and subsistence values2 7#b7 implementing mitigation plans and maintaining mitigation projects2 7#c7 developing1 carrying out1 and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects1 including fire-fighting1 police1 water1 waste treatment1 medivac1 and medical services2 and 7#d7 establishment of a coordination office1 by the ,north ,slope borough1 in the ,city of ,kaktovik1 which shall-- 7,a7 coordinate with and advise developers on local conditions1 impact1 and history of the areas utilized for development2 and 7,b7 provide to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an annual report on the status of coordination between developers and the communities affected by development4 7c7 ,application 7#a7 ,in general ,any community that is eligible for assistance under this section may submit an application for such assistance to the ,secretary1 in such form and under such procedures as the ,secretary may prescribe by regulation4 7#b7 ,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 ,borough4 7#c7 ,application assistance ,the ,secretary shall work closely with and assist the ,north ,slope ,borough and other communities eligible for assistance under this section in developing and submitting applications for assistance under this section4 7d7 ,establishment of fund 7#a7 ,in general ,there is established in the ,treasury the ,coastal ,plain ,local ,government ,impact ,aid ,assistance ,fund4 7#b7 ,use ,amounts in the fund may be used only for providing financial assistance under this section4 7#c7 ,deposits ,subject to paragraph 7#d71 there shall be deposited into the fund amounts received by the ,united ,states as revenues derived from rents1 bonuses1 and royalties from ,federal leases and lease sales authorized under this subtitle4 7#d7 ,limitation on deposits ,the total amount in the fund may not exceed #aa1jjj1jjj4 7#e7 ,investment of balances ,the ,secretary of the ,treasury shall invest amounts in the fund in interest bearing government securities4 7e7 ,authorization of appropriations ,to provide financial assistance under this section there is authorized to be appropriated to the ,secretary from the ,coastal ,plain ,local ,government ,impact ,aid ,assistance ,fund #e1jjj1jjj for each fiscal year4 ,c ,offshore ,oil and ,gas ,development #dca4 ,repeal of moratorium on oil and gas leasing in the ,gulf of ,mexico 7a7 ,repeal ,section #ajd of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7,public ,law #aji-dcb2 #dc ,u4,s4,c4 #acca note7 is amended by striking ,june #cj1 #bjbb and inserting ,january #a1 #bjab4 7b7 ,inclusion of opened areas in #bjab-bjag outer ,continental ,shelf oil and gas leasing program ,within #ij days after the date of enactment of this ,act1 the ,secretary of the ,interior shall include the area removed from moratorium by subsection 7a7 in the areas available for leasing under the #bjab-bjag outer ,continental ,shelf oil and gas leasing program prepared under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd74 #dcb4 ,inclusion of areas in #bjab-bjag outer ,continental ,shelf oil and gas leasing program 7a7 ,in general ,within #ij days after the date of enactment of this ,act1 the ,secretary of the ,interior shall include the areas described in subsection 7b7 in the areas available for leasing under the #bjab-bjag outer ,continental ,shelf oil and gas leasing program prepared under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd74 7b7 ,areas described ,the areas referred to in subsection 7a7 are all areas of the outer ,continental ,shelf 7as that term is defined in that ,act7 in the ,arctic ,ocean1 ,atlantic ,ocean1 ,pacific ,ocean1 and ,eastern ,gulf of ,mexico4 ,v ,greenhouse gas regulation #eja4 ,no regulation of emissions of greenhouse gases under ,clean ,air ,act ,title ,,iii of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfja et seq47 is amended by adding at the end the following3 #ccj4 ,no regulation of emission of greenhouse gases 7a7 ,definition ,in this section1 the term greenhouse gas means any of the following3 7#a7 ,water vapor4 7#b7 ,carbon dioxide4 7#c7 ,methane4 7#d7 ,nitrous oxide4 7#e7 ,sulfur hexafluoride4 7#f7 ,hydrofluorocarbons4 7#g7 ,perfluorocarbons4 7#h7 ,any other substance subject to1 or proposed to be subject to1 regulation1 action1 or consideration under this ,act to address climate change4 7b7 ,limitation on ,agency ,action 7#a7 ,limitation ,the ,administrator may not1 under this ,act1 promulgate any regulation concerning1 take action relating to1 or take into consideration the emission of a greenhouse gas to address climate change4 7#b7 ,air pollutant definition ,the definition of the term air pollutant in section #cjb7;g7 does not include a greenhouse gas4 ,notwithstanding the previous sentence1 such definition may include a greenhouse gas for purposes of addressing concerns other than climate change4 4