To authorize the exploration, leasing, development, production,
and economically feasible and prudent transportation of oil and gas
in and from the Coastal Plain in Alaska.
IN THE SENATE OF THE UNITED STATES
February 15, 2011
Ms. MURKOWSKI introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
To authorize the exploration, leasing, development, production,
and economically feasible and prudent transportation of oil and gas
in and from the Coastal Plain in Alaska.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `American Energy Independence and Security
Act of 2011'.
SEC. 2. DEFINITIONS.
(1) COASTAL PLAIN- The term `Coastal Plain' means that area identified
as the `1002 Coastal Plain Area' on the map.
(2) FEDERAL AGREEMENT- The term `Federal Agreement' means the Federal
Agreement and Grant Right-of-Way for the Trans-Alaska Pipeline issued
on January 23, 1974, in accordance with section 28 of the Mineral
Leasing Act (30 U.S.C. 185) and the Trans-Alaska Pipeline Authorization
Act (43 U.S.C. 1651 et seq.).
(3) FINAL STATEMENT- The term `Final Statement' means the final legislative
environmental impact statement on the Coastal Plain, dated April 1987,
and prepared pursuant to section 1002 of the Alaska National Interest
Lands Conservation Act (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)).
(4) MAP- The term `map' means the map entitled `Arctic National Wildlife
Refuge', dated September 2005, and prepared by the United States Geological
(5) SECRETARY- The term `Secretary' means the Secretary of the Interior
(or the designee of the Secretary), acting through the Director of
the Bureau of Land Management in consultation with the Director of
the United States Fish and Wildlife Service and in coordination with
a State coordinator appointed by the Governor of the State of Alaska.
SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.
(1) AUTHORIZATION- Congress authorizes the exploration, leasing, development,
production, and economically feasible and prudent transportation of
oil and gas in and from the Coastal Plain.
(2) ACTIONS- The Secretary shall take such actions as are necessary--
(A) to establish and implement, in accordance with this Act, a competitive
oil and gas leasing program that will result in an environmentally
sound program for the exploration, development, and production of
the oil and gas resources of the Coastal Plain while taking into
consideration the interests and concerns of residents of the Coastal
Plain, which is the homeland of the Kaktovikmiut Inupiat; and
(B) to administer this Act through regulations, lease terms, conditions,
restrictions, prohibitions, stipulations, and other provisions that--
(i) 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; and
(ii) require 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 Act in a manner that ensures the receipt of fair market value
by the public for the mineral resources to be leased.
(1) REPEAL- Section 1003 of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3143) is repealed.
(2) CONFORMING AMENDMENT- The table of contents contained in section
1 of that Act (16 U.S.C. 3101 note) 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.)--
(A) the oil and gas pre-leasing and leasing program, and activities
authorized by this section in the Coastal Plain, shall be considered
to be compatible with the purposes for which the Arctic National
Wildlife Refuge was established; and
(B) no further findings or decisions shall be required to implement
that program and those activities.
(2) ADEQUACY OF THE DEPARTMENT OF THE INTERIOR'S LEGISLATIVE ENVIRONMENTAL
IMPACT STATEMENT- The Final Statement shall be considered to satisfy
the requirements under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) that apply with respect to pre-leasing activities,
including exploration programs and actions authorized to be taken
by the Secretary to develop and promulgate the regulations for the
establishment of a leasing program authorized by this Act before the
conduct of the first lease sale.
(3) COMPLIANCE WITH NEPA FOR OTHER ACTIONS-
(A) IN GENERAL- Before conducting the first lease sale under this
Act, the Secretary shall prepare an environmental impact statement
in accordance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) with respect to the actions authorized
by this Act that are not referred to in paragraph (2).
(B) IDENTIFICATION AND ANALYSIS- Notwithstanding any other provision
of law, in carrying out this paragraph, the Secretary shall not
(i) to identify nonleasing alternative courses of action; or
(ii) to analyze the environmental effects of those courses of
(C) IDENTIFICATION OF PREFERRED ACTION- Not later than 18 months
after the date of enactment of this Act, the Secretary shall--
(i) identify only a preferred action and a single leasing alternative
for the first lease sale authorized under this Act; and
(ii) analyze the environmental effects and potential mitigation
measures for those 2 alternatives.
(D) PUBLIC COMMENTS- In carrying out this paragraph, the Secretary
shall consider only public comments that are filed not later than
20 days after the date of publication of a draft environmental impact
(E) EFFECT OF COMPLIANCE- Notwithstanding any other provision of
law, compliance with this paragraph shall be considered to satisfy
all requirements for the analysis and consideration of the environmental
effects of proposed leasing under this Act.
(d) Relationship to State and Local Authority- Nothing in this Act expands
or limits any State or local regulatory authority.
(A) IN GENERAL- The Secretary, after consultation with the State
of Alaska, the North Slope Borough, Alaska, and the City of Kaktovik,
Alaska, may designate not more than 45,000 acres of the Coastal
Plain as a special area if the Secretary determines that the special
area would be of such unique character and interest as to require
special management and regulatory protection.
(B) SADLEROCHIT SPRING AREA- The Secretary shall designate as a
special area in accordance with subparagraph (A) the Sadlerochit
Spring area, comprising approximately 4,000 acres as depicted on
(2) MANAGEMENT- The Secretary shall manage each special area designated
under this subsection in a manner that--
(A) respects and protects the Native people of the area; and
(B) preserves the unique and diverse character of the area, including
fish, wildlife, subsistence resources, and cultural values of the
(3) EXCLUSION FROM LEASING OR SURFACE OCCUPANCY-
(A) IN GENERAL- The Secretary may exclude any special area designated
under this subsection from leasing.
(B) NO SURFACE OCCUPANCY- If the Secretary leases all or a portion
of a special area for the purposes of oil and gas exploration, development,
production, and related activities, there shall be no surface occupancy
of the land comprising the special area.
(4) DIRECTIONAL DRILLING- Notwithstanding any other provision 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 located outside the special area.
(f) Limitation on Closed Areas- The Secretary may not close land within
the Coastal Plain to oil and gas leasing or to exploration, development,
or production except in accordance with this Act.
(1) IN GENERAL- Not later than 15 months after the date of enactment
of this Act, in consultation with appropriate agencies of the State
of Alaska, the North Slope Borough, Alaska, and the City of Kaktovik,
Alaska, the Secretary shall issue such regulations as are necessary
to carry out this Act, including rules and regulations relating to
protection of the fish and wildlife, fish and wildlife habitat, and
subsistence resources of the Coastal Plain.
(2) REVISION OF REGULATIONS- The Secretary may periodically review
and, as appropriate, revise the rules and regulations issued under
paragraph (1) to reflect any significant scientific or engineering
data that come to the attention of the Secretary.
SEC. 4. LEASE SALES.
(a) In General- Land may be leased pursuant to this Act 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, establish procedures
(1) receipt and consideration of sealed nominations for any area in
the Coastal Plain for inclusion in, or exclusion (as provided in subsection
(c)) from, a lease sale;
(2) the holding of lease sales after that 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- Bidding for leases under this Act shall be by sealed
competitive cash bonus bids.
(d) Acreage Minimum in First Sale- For the first lease sale under this
Act, the Secretary shall offer for lease 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), but in no case less than 200,000 acres.
(e) Timing of Lease Sales- The Secretary shall--
(1) not later than 22 months after the date of enactment of this Act,
conduct the first lease sale under this Act;
(2) not later than September 30, 2014, conduct a second lease sale
under this Act; and
(3) conduct additional sales at appropriate intervals if sufficient
interest in exploration or development exists to warrant the conduct
of the additional sales.
SEC. 5. GRANT OF LEASES BY THE SECRETARY.
(a) In General- Upon payment by a lessee of such bonus as may be accepted
by the Secretary, the Secretary may grant to the highest responsible
qualified bidder in a lease sale conducted pursuant to section 4 a lease
for any land on the Coastal Plain.
(b) Subsequent Transfers-
(1) IN GENERAL- No lease issued under this Act may be sold, exchanged,
assigned, sublet, or otherwise transferred except with the approval
of the Secretary.
(2) CONDITION FOR APPROVAL- Before granting any approval described
in paragraph (1), the Secretary shall consult with and give due consideration
to the opinion of the Attorney General.
SEC. 6. LEASE TERMS AND CONDITIONS.
(a) In General- An oil or gas lease issued pursuant to this Act shall--
(1) provide for the payment of a royalty of not less than 12 1/2 percent
of the amount or value of the production removed or sold from the
lease, as determined by the Secretary in accordance with regulations
applicable to other Federal oil and gas leases;
(2) provide that the Secretary may close, on a seasonal basis, such
portions of the Coastal Plain to exploratory drilling activities as
are necessary to protect caribou calving areas and other species of
fish and wildlife;
(3) require that each lessee of land within the Coastal Plain shall
be fully responsible and liable for the reclamation of land within
the Coastal Plain and any other Federal land that is adversely affected
in connection with exploration, development, production, or transportation
activities within the Coastal Plain conducted 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, that reclamation responsibility and liability to another
person without the express written approval of the Secretary;
(5) provide that the standard of reclamation for land required to
be reclaimed under this Act shall be, to the maximum extent practicable--
(A) a condition capable of supporting the uses that the land was
capable of supporting prior to any exploration, development, or
production activities; or
(B) upon application by the lessee, to a higher or better standard,
as approved by the Secretary;
(6) contain terms and conditions relating to protection of fish and
wildlife, fish and wildlife habitat, subsistence resources, and the
environment as required under section 3(a)(2);
(7) provide that each lessee, and each agent and contractor of a lessee,
use their best efforts to provide a fair share of employment and contracting
for Alaska Natives and Alaska Native Corporations from throughout
the State of Alaska, as determined by the level of obligation previously
agreed to in the Federal Agreement; and
(8) contain such other provisions as the Secretary determines to be
necessary to ensure compliance with this Act and regulations issued
under this Act.
(b) Project Labor Agreements- The Secretary, as a term and condition
of each lease under this Act, and in recognizing the proprietary interest
of the Federal Government in labor stability and in the ability of construction
labor and management to meet the particular needs and conditions of
projects to be developed under the leases issued pursuant to this Act
(including the special concerns of the parties to those leases), shall
require that each lessee, and each agent and contractor of a lessee,
under this Act negotiate to obtain a project labor agreement for the
employment of laborers and mechanics on production, maintenance, and
construction under the lease.
SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized Coastal
Plain Activities- In accordance with section 3, the Secretary shall
administer this Act through regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, or other provisions that--
(1) ensure, to the maximum extent practicable, that oil and gas exploration,
development, and production activities on the Coastal Plain will result
in no significant adverse effect on fish and wildlife, fish and wildlife
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 surface acreage covered in connection
with the leasing program by production and support facilities, including
airstrips and any areas covered by gravel berms or piers for support
of pipelines, does not exceed 2,000 acres on the Coastal Plain.
(b) Site-Specific Assessment and Mitigation- The Secretary shall require,
with respect to any proposed drilling and related activities on the
Coastal Plain, that--
(1) a site-specific environmental analysis be made of the probable
effects, if any, that the drilling or related activities will have
on fish and wildlife, fish and wildlife habitat, subsistence resources,
subsistence uses, and the environment;
(2) a plan be implemented to avoid, minimize, and mitigate (in that
order and to the maximum extent practicable) any significant adverse
effect identified under paragraph (1); and
(3) the development of the plan occur after consultation with--
(A) each agency having jurisdiction over matters mitigated by the
(C) North Slope Borough, Alaska; and
(D) the City of Kaktovik, Alaska.
(c) Regulations To Protect Coastal Plain Fish and Wildlife Resources,
Subsistence Users, and the Environment- Before implementing the leasing
program authorized by this Act, the Secretary shall prepare and issue
regulations, lease terms, conditions, restrictions, prohibitions, stipulations,
or other measures designed to ensure, to the maximum extent practicable,
that the activities carried out on the Coastal Plain under this Act
are conducted in a manner consistent with the purposes and environmental
requirements of this Act.
(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 Act shall require--
(1) compliance with all applicable provisions of Federal and State
environmental law (including regulations);
(2) implementation of and compliance with--
(A) standards that are at least as effective as the safety and environmental
mitigation measures, as described in items 1 through 29 on pages
167 through 169 of the Final Statement, on the Coastal Plain;
(B) seasonal limitations on exploration, development, and related
activities, as necessary, to avoid significant adverse effects during
periods of concentrated fish and wildlife breeding, denning, nesting,
spawning, and migration;
(C) design safety and construction standards for all pipelines and
any access and service roads that minimize, to the maximum extent
practicable, adverse effects on--
(i) the passage of migratory species (such as caribou); and
(ii) the flow of surface water by requiring the use of culverts,
bridges, or other structural devices;
(D) prohibitions on general public access to, and use of, all pipeline
access and service roads;
(E) stringent reclamation and rehabilitation requirements in accordance
with this Act for the removal from the Coastal Plain of all oil
and gas development and production facilities, structures, and equipment
on completion of oil and gas production operations, except in a
case in which the Secretary determines that those facilities, structures,
(i) would assist in the management of the Arctic National Wildlife
(ii) are donated to the United States for that purpose;
(F) appropriate prohibitions or restrictions on--
(i) access by all modes of transportation;
(ii) sand and gravel extraction; and
(G) reasonable stipulations for protection of cultural and archaeological
(H) measures to protect groundwater and surface water, including--
(i) avoidance, to the maximum extent practicable, of springs,
streams, and river systems;
(ii) the protection of natural surface drainage patterns and wetland
and riparian habitats; and
(iii) the regulation of methods or techniques for developing or
transporting adequate supplies of water for exploratory drilling;
(I) research, monitoring, and reporting requirements;
(3) that exploration activities (except surface geological studies)
be limited to the period between approximately November 1 and May
1 of each year and be supported, if necessary, by ice roads, winter
trails with adequate snow cover, ice pads, ice airstrips, and air
transport methods (except that those exploration activities may be
permitted at other times if the Secretary determines that the exploration
will have no significant adverse effect on fish and wildlife, fish
and wildlife habitat, subsistence resources, and the environment of
the Coastal Plain);
(4) consolidation of facility siting;
(5) avoidance or reduction of air traffic-related disturbance to fish
(6) treatment and disposal of hazardous and toxic wastes, solid wastes,
reserve pit fluids, drilling muds and cuttings, and domestic wastewater,
including, in accordance with applicable Federal and State environmental
laws (including regulations)--
(A) preparation of an annual waste management report;
(B) development and implementation of a hazardous materials tracking
(C) prohibition on the use of chlorinated solvents;
(7) fuel storage and oil spill contingency planning;
(8) conduct of periodic field crew environmental briefings;
(9) avoidance of significant adverse effects on subsistence hunting,
fishing, and trapping;
(10) compliance with applicable air and water quality standards;
(11) appropriate seasonal and safety zone designations around well
sites, within which subsistence hunting and trapping shall be limited;
(12) development and implementation of such other protective environmental
requirements, restrictions, terms, or conditions as the Secretary,
after consultation with the State of Alaska, North Slope Borough,
Alaska, and the City of Kaktovik, Alaska, determines to be necessary.
(e) Considerations- In preparing and issuing regulations, lease terms,
conditions, restrictions, prohibitions, or stipulations under this section,
the Secretary shall take into consideration--
(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
(2) the environmental protection standards that governed the initial
Coastal Plain seismic exploration program under parts 37.31 through
37.33 of title 50, Code of Federal Regulations (or successor regulations);
(3) the land use stipulations for exploratory drilling on the KIC-ASRC
private land described in Appendix 2 of the agreement between Arctic
Slope Regional Corporation and the United States dated August 9, 1983.
(f) Facility Consolidation Planning-
(1) IN GENERAL- After providing for public notice and comment, the
Secretary shall prepare and periodically update a plan to govern,
guide, and direct the siting and construction of facilities for the
exploration, development, production, and transportation of oil and
gas resources from the Coastal Plain.
(2) OBJECTIVES- The objectives of the plan shall be--
(A) the avoidance of unnecessary duplication of facilities and activities;
(B) the encouragement of consolidation of common facilities and
(C) the location or confinement of facilities and activities to
areas that will minimize impact on fish and wildlife, fish and wildlife
habitat, subsistence resources, and the environment;
(D) the use of existing facilities, to the maximum extent practicable;
(E) the enhancement of compatibility between wildlife values and
(g) Access to Public Land- The Secretary shall--
(1) manage public land in the Coastal Plain in accordance with subsections
(a) and (b) of section 811 of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3121); and
(2) ensure that local residents shall have reasonable access to public
land in the Coastal Plain for traditional uses.
SEC. 8. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaints-
(1) DEADLINE- A complaint seeking judicial review of a provision of
this Act or an action of the Secretary under this Act shall be filed--
(A) except as provided in subparagraph (B), during the 90-day period
beginning on the date on which the action being challenged was carried
(B) in the case of a complaint based solely on grounds arising after
the 90-day period described in subparagraph (A), by not later than
90 days after the date on which the complainant knew or reasonably
should have known about the grounds for the complaint.
(2) VENUE- A complaint seeking judicial review of a provision of this
Act or an action of the Secretary under this Act shall be filed in
the United States Court of Appeals for the District of Columbia.
(A) IN GENERAL- Judicial review of a decision of the Secretary under
this Act (including an environmental analysis of such a lease sale)
(i) limited to a review of whether the decision is in accordance
with this Act; and
(ii) based on the administrative record of the decision.
(B) PRESUMPTIONS- Any identification by the Secretary of a preferred
course of action relating to a lease sale, and any analysis by the
Secretary of environmental effects, under this Act shall be presumed
to be correct unless proven otherwise by clear and convincing evidence.
(b) Limitation on Other Review- Any action of the Secretary that is
subject to judicial review under this section shall not be subject to
judicial review in any civil or criminal proceeding for enforcement.
SEC. 9. FEDERAL AND STATE DISTRIBUTION OF REVENUES.
(a) In General- Notwithstanding any other provision of law, of the amount
of adjusted bonus, rental, and royalty revenues from oil and gas leasing
and operations authorized under this Act--
(1) 50 percent shall be paid to the State of Alaska; and
(2) the balance shall be allocated in accordance with section 13.
(b) Payments to Alaska- Payments to the State of Alaska under this section
shall be made semiannually.
SEC. 10. RIGHTS-OF-WAY AND EASEMENTS ACROSS COASTAL PLAIN.
For purposes of section 1102(4)(A) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3162(4)(A)), any rights-of-way or easements
across the Coastal Plain for the exploration, development, production,
or transportation of oil and gas shall be considered to be established
incident to the management of the Coastal Plain under this section.
SEC. 11. CONVEYANCE.
Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on title
to land, and to clarify land ownership patterns in the Coastal Plain,
the Secretary shall--
(1) to the extent necessary to fulfill the entitlement of the Kaktovik
Inupiat Corporation under sections 12 and 14 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1611, 1613), as determined by the
Secretary, convey to that Corporation the surface estate of the land
described in paragraph (1) of Public Land Order 6959, in accordance
with the terms and conditions of the agreement between the Secretary,
the United States Fish and Wildlife Service, the Bureau of Land Management,
and the Kaktovik Inupiat Corporation, dated January 22, 1993; and
(2) convey to the Arctic Slope Regional Corporation the remaining
subsurface estate to which that Corporation is entitled under the
agreement between that corporation and the United States, dated August
SEC. 12. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.
(a) Establishment of Fund-
(1) IN GENERAL- As a condition on the receipt of funds under section
13(1), the State of Alaska shall establish in the treasury of the
State, and administer in accordance with this section, a fund to be
known as the `Coastal Plain Local Government Impact Aid Assistance
Fund' (referred to in this section as the `Fund').
(2) DEPOSITS- Subject to paragraph (1), the Secretary of the Treasury
shall deposit into the Fund, $15,000,000 each year from the amount
available under section 13(1).
(3) INVESTMENT- The Governor of the State of Alaska (referred to in
this section as the `Governor') shall invest amounts in the Fund in
interest-bearing securities of the United States or the State of Alaska.
(b) Assistance- The Governor, in cooperation with the Mayor of the North
Slope Borough, shall use amounts in the Fund to provide assistance to
North Slope Borough, Alaska, the City of Kaktovik, Alaska, and any other
borough, municipal subdivision, village, or other community in the State
of Alaska that is directly impacted by exploration for, or the production
of, oil or gas on the Coastal Plain under this Act, or any Alaska Native
Regional Corporation acting on behalf of the villages and communities
within its region whose lands lie along the right of way of the Trans
Alaska Pipeline System, as determined by the Governor.
(1) IN GENERAL- To receive assistance under subsection (b), a community
or Regional Corporation described in that subsection shall submit
to the Governor, or to the Mayor of the North Slope Borough, an application
in such time, in such manner, and containing such information as the
Governor may require.
(2) ACTION BY NORTH SLOPE BOROUGH- The Mayor of the North Slope Borough
shall submit to the Governor each application received under paragraph
(1) as soon as practicable after the date on which the application
(3) ASSISTANCE OF GOVERNOR- The Governor shall assist communities
in submitting applications under this subsection, to the maximum extent
(d) Use of Funds- A community or Regional Corporation that receives
funds under subsection (b) may use the funds--
(1) to plan for mitigation, implement a mitigation plan, or maintain
a mitigation project to address the potential effects of oil and gas
exploration and development on environmental, social, cultural, recreational,
and subsistence resources of the community;
(2) to develop, carry out, and maintain--
(A) a project to provide new or expanded public facilities; or
(B) services to address the needs and problems associated with the
effects described in paragraph (1), including firefighting, police,
water and waste treatment, first responder, and other medical services;
(3) to compensate residents of the Coastal Plain for significant damage
to environmental, social, cultural, recreational, or subsistence resources.
SEC. 13. ALLOCATION OF FEDERAL REVENUES.
Notwithstanding any other provision of law, all adjusted bonus, rental,
and royalty receipts from Federal oil and gas leasing and operations
authorized under this Act made available under section 9(a)(2), plus
an appropriated amount equal to the amount of Federal income tax attributable
to sales of oil and gas produced from those operations, shall be deposited
in an account in the Treasury which shall be available, without further
appropriation or fiscal year limitation, each fiscal year as follows:
(1) $15,000,000 shall be deposited by the Secretary of the Treasury
into the fund created under section 12(a)(1).
(2) The remainder shall be available as follows:
(A) 25 percent shall be available to the Department of Energy to
carry out alternative energy programs established under the Energy
Policy Act of 2005 (42 U.S.C. 15801 et seq.), the Energy Independence
and Security Act of 2007 (42 U.S.C. 17001 et seq.), or an amendment
made by either of those Acts, as determined by the Secretary of
(B) 10 percent shall be available to the Department of Health and
Human Services to provide low-income home energy assistance under
title XXVI of the Omnibus Budget Reconciliation Act of 1981 (42
U.S.C. 8621 et seq.).
(C) 10 percent shall be available to the Department of Energy to
carry out the Weatherization Assistance Program for Low-Income Persons
established under part A of title IV of the Energy Conservation
and Production Act (42 U.S.C. 6861 et seq.).
(D) 10 percent shall be available to the Department of the Interior
for award to wildlife habitat and fish and game programs authorized
by the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669
et seq.) and the Dingell-Johnson Sport Fish Restoration Act) (commonly
known as the `Wallop-Breaux Act') (16 U.S.C. 777 et seq.).
(E) The balance shall be deposited into the Treasury as miscellaneous
SEC. 14. SEVERABILITY.
If any provision of this Act, or the application of such provision to
any person or circumstance, is held to be unconstitutional, the remainder
of this Act and the application of such provisions to any person or
circumstance shall not be affected thereby.