Text: H.R.6397 — 110th Congress (2007-2008)All Information (Except Text)

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Introduced in House (06/26/2008)


110th CONGRESS
2d Session
H. R. 6397


To amend title 38, United States Code, to make certain improvements in the basic educational assistance program administered by the Secretary of Veterans Affairs, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

June 26, 2008

Mr. Hensarling introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committees on Armed Services, Education and Labor, Oversight and Government Reform, Energy and Commerce, Science and Technology, Transportation and Infrastructure, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend title 38, United States Code, to make certain improvements in the basic educational assistance program administered by the Secretary of Veterans Affairs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title; table of contents.

(a) Short title.—This Act may be cited as the “Veterans Education Improvement Act of 2008”.

(b) Table of contents.—The table of contents for this Act is as follows:


Sec. 1. Short title; table of contents.

Sec. 101. Increase in amount of basic educational assistance.

Sec. 102. Extension of time limitation for use of eligibility and entitlement to educational assistance.

Sec. 103. Monthly stipend for recipients of educational assistance allowance.

Sec. 104. Extension of period for collection of fee for basic educational assistance.

Sec. 105. Use of educational assistance for business courses and seminars.

Sec. 106. Use of educational assistance for courses taken to prepare for licensing or certification tests.

Sec. 107. Use of educational assistance to repay Federal student loans.

Sec. 108. Opportunity to withdraw election not to enroll in educational assistance program.

Sec. 109. Montgomery GI Bill benefits not to reduce financial aid.

Sec. 110. Extension of increase in benefit for certain individuals pursuing apprenticeships or on-job training.

Sec. 111. Modification of amount available for reimbursement of State and local agencies administering veterans education benefits.

Sec. 112. Provision of basic educational assistance benefits for veterans discharged from active duty with general discharge.

Sec. 113. Increase in amount of reporting fee payable to educational institutions that enroll veterans receiving educational assistance.

Sec. 114. Provision of additional areas of work-study for veterans.

Sec. 115. 5-year pilot program for on-campus work-study positions.

Sec. 116. Increase in employees for Education Service.

Sec. 117. Upgrade of certain information technology.

Sec. 118. Modification of advance payment of initial educational assistance or subsistence allowance.

Sec. 119. Modification of period of eligibility applicable to certain spouses of individuals with service-connected total disabilities permanent in nature.

Sec. 120. Consideration of additional contributions and payments in calculating entitlement charge for certain programs of education.

Sec. 121. Increase in amount of educational assistance for members of the Selected Reserve and reserve component members supporting contingency operations and certain other operations.

Sec. 122. Expansion of programs of education eligible for accelerated payments of educational assistance under laws administered by Secretary of Veterans Affairs.

Sec. 201. Voucher plan for FEHBP.

Sec. 202. Government contributions for annuitants under FEHBP to be determined based on length of Government service.

Sec. 203. Benefits under CSRS and FERS to be computed based on modified definition of “average pay”.

Sec. 204. Elimination of annuity supplement under FERS and related retirement systems.

Sec. 301. Short title.

Sec. 302. Termination of prohibitions on expenditures for, and withdrawals from, offshore gas leasing.

Sec. 303. Outer Continental Shelf natural gas leasing program.

Sec. 304. Natural gas leasing.

Sec. 305. Policies regarding buying and building American.

Sec. 401. Short title.

Sec. 402. Definitions.

Sec. 403. Leasing program for lands within the Coastal Plain.

Sec. 404. Lease sales.

Sec. 405. Grant of leases by the Secretary.

Sec. 406. Lease terms and conditions.

Sec. 407. Coastal plain environmental protection.

Sec. 408. Expedited judicial review.

Sec. 409. Federal and State distribution of revenues.

Sec. 410. Rights-of-way across the Coastal Plain.

Sec. 411. Conveyance.

Sec. 412. Local government impact aid and community service assistance.

Sec. 413. ANWR Alternative Energy Trust Fund.

SEC. 101. Increase in amount of basic educational assistance.

Section 3015 of title 38, United States Code, is amended—

(1) in subsection (a)(1)—

(A) in subparagraph (A), by striking “January 1, 2002, $800” and inserting “January 1, 2009, $1,450”;

(B) by striking subparagraphs (B) and (C); and

(C) by redesignating subparagraph (D) as subparagraph (B); and

(2) in subsection (b)(1)—

(A) in subparagraph (A), by striking “January 1, 2002, $650” and inserting “January 1, 2009, $1,250”;

(B) by striking subparagraphs (B) and (C); and

(C) by redesignating subparagraph (D) as subparagraph (B).

SEC. 102. Extension of time limitation for use of eligibility and entitlement to educational assistance.

(a) Extension of time limitation.—Section 3031 of title 38, United States Code, is amended—

(1) by striking “10-year period” each place it appears and inserting “15-year period”; and

(2) in subsection (a)—

(A) in paragraph (1), by inserting “and” after the semicolon;

(B) in paragraph (2), by striking “; and” and inserting a period; and

(C) by striking paragraph (3).

(b) Effective date.—The amendment made by subsection (a) shall apply with respect to an individual who is entitled to educational assistance under chapter 30 of such title on the date that is 90 days after the date of the enactment of this Act or who becomes entitled to educational assistance under such chapter after such date.

SEC. 103. Monthly stipend for recipients of educational assistance allowance.

(a) Entitlement to monthly stipend.—Subchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section:

§ 3020A. Educational stipend

“(a) Entitlement.—Each individual who is receiving educational assistance under this chapter and who is pursuing a program of education at an institution of higher learning (as such term is defined in section 3452(f) of this title) is entitled to an educational stipend under this section.

“(b) Amount of stipend.—An educational stipend under this section shall be paid to an individual who is entitled to such a stipend—

“(1) in the case of an individual pursuing an approved program of education on at least a half-time basis, at the monthly rate of $500; and

“(2) in the case of an individual pursuing an approved program of education on less than a half-time basis, at the monthly rate of $250.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter II the following new item:


“3020A. Educational stipend.”.

(c) Effective date.—Section 3020A of title 38, United States Code, as added by subsection (a) shall take effect on the date that is two years after the date of the enactment of this Act and shall apply with respect to months beginning after that date.

SEC. 104. Extension of period for collection of fee for basic educational assistance.

(a) Basic educational assistance for service on active duty.—Section 3011(b)(1) of title 38, United States Code, is amended—

(1) by striking “$100” and inserting “$50”; and

(2) by striking “12” and inserting “24”.

(b) Basic educational assistance for service in the Selected Reserve.—Section 3012(c)(1) of such title is amended—

(1) by striking “$100” and inserting “$50”; and

(2) by striking “12” and inserting “24”.

(c) Effective date.—The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.

SEC. 105. Use of educational assistance for business courses and seminars.

(a) In general.—The Secretary of Veterans Affairs shall ensure that individuals entitled to educational assistance under laws administered by the Secretary are entitled to use such assistance for business courses and seminars, if such courses or seminars are related to the operation of a business, and for continuing education courses. The Secretary shall treat the courses referred to in the preceding sentence in a similar manner as licensing and certification courses.

(b) Effective date.—Subsection (a) shall take effect on the date that is two years after the date of the enactment of this Act.

SEC. 106. Use of educational assistance for courses taken to prepare for licensing or certification tests.

(a) Basic educational assistance.—Section 3452(b) of title 38, United States Code, is amended by inserting after the fourth sentence the following new sentence: “Such term also includes preparatory courses for licensing or certification tests described in the preceding sentence, as designated by the Secretary.”.

(b) Survivors’ and dependents’ educational assistance.—Section 3501(a)(5) of title 38, United States Code, is amended by inserting after the second sentence the following new sentence: “Such term also includes preparatory courses for licensing or certification tests described in the preceding sentence, as designated by the Secretary.”.

(c) Effective date.—The amendments made by subsections (a) and (b) shall take effect on the date that 2 years after the date of the enactment of this Act.

SEC. 107. Use of educational assistance to repay Federal student loans.

(a) In general.—Subchapter II of chapter 30 of title 38, United States Code, as amended by section 103, is further amended by inserting after section 3020A the following new section:

§ 3020B. Use of educational assistance benefits for the repayment of Federal student loans for certain courses of education

“(a) Use of benefits.—Notwithstanding any other provision of this chapter, and subject to subsections (b) through (e), an individual who is serving on active duty and who is entitled to educational assistance under this subchapter may apply amounts of such educational assistance otherwise available to the individual to repay some or all of any Federal student loan balance owed by the individual for a course of education pursued by the individual.

“(b) Limitations on payments.—(1) The amount of an individual’s entitlement to educational assistance that the individual may apply to the repayment of a student loan balance under subsection (a) may not exceed $6,000 in any 12-month period.

“(2) In no event shall payment of educational assistance under this section exceed the amount of the individual’s available entitlement under this chapter.

“(3) An individual entitled to educational assistance under this subchapter may not apply such educational assistance to any of the following:

“(A) A loan made to the parents of a dependent student under section 428B of the Higher Education Act of 1965.

“(B) A Federal Direct PLUS Loan made to the parents of a dependent student.

“(C) A loan made under section 428C or 455(g) of such Act, to the extent that such loan was used to repay—

“(i) a loan made to the parent of a dependent student under section 428B of such Act;

“(ii) a Federal Direct PLUS Loan made to the parents of a dependent student.

“(c) Amount of payments.—The Secretary shall make monthly payments under this section in such amounts as the individual may elect for the repayment of a Federal student loan of such an individual.

“(d) Arrangements to make payments.—The Secretary shall enter into such arrangements, and shall prescribe such regulations, as may be necessary to carry out this section.

“(e) Federal student loan defined.—In this section, the term ‘Federal student loan’ means any loan made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).”.

(b) Clerical amendment.—The table of sections of subchapter II of chapter 30 of such title is amended by inserting after the item relating to section 3020 the following new item:


“3020B. Use of educational assistance benefits for the repayment of Federal student loans for certain courses of education.”.

(c) Effective Date.—Section 3020B of title 38, United States Code, as added by subsection (a) shall apply with respect to educational assistance paid for months beginning after the date that is two years after the date of the enactment of this Act.

SEC. 108. Opportunity to withdraw election not to enroll in educational assistance program.

(a) Basic educational assistance for active duty service.—

(1) OPPORTUNITY TO WITHDRAW.—Subsection (c) of section 3011 of title 38, United States Code, is amended by adding at the end the following new paragraph:

“(4) An individual who makes an election not to receive educational assistance under paragraph (1) may withdraw that election at any time and, after making such withdrawal, shall be entitled to educational assistance under this chapter in the same manner as if the individual had never made that election, if—

“(A) at the time the individual makes such withdrawal, the individual is serving on active duty as a member of the Armed Forces; and

“(B) the basic pay of the individual is reduced by, or the individual otherwise pays to the Secretary, $1,200 by not later than 90 days after the date on which the individual is discharged or released from active duty in the Armed Forces.”.

(2) CONFORMING AMENDMENT.—Paragraph (1) of such subsection is amended in the third sentence by striking “Any individual” and inserting “Except as provided in paragraph (4), any individual”.

(b) Basic educational assistance for service in the Selected Reserve.—

(1) OPPORTUNITY TO WITHDRAW.—Subsection (d) of section 3012 of title 38, United States Code, is amended by adding at the end the following new paragraph:

“(4) An individual who makes an election not to receive educational assistance under paragraph (1) may withdraw that election at any time and, after making such withdrawal, shall be entitled to educational assistance under this chapter in the same manner as if the individual had never made that election, if—

“(A) at the time the individual makes such withdrawal, the individual is serving on active duty as a member of the Armed Forces; and

“(B) the basic pay of the individual is reduced by, or the individual otherwise pays to the Secretary, $1,200 by not later than 90 days after the date on which the individual is discharged or released from active duty in the Armed Forces.”.

(2) CONFORMING AMENDMENT.—Paragraph (1) of such subsection is amended in the third sentence by striking “Any individual” and inserting “Except as provided in paragraph (4), any individual”.

(c) Effective date.—The amendments made by subsections (a) and (b) shall take effect on the date that is 90 days after the date of the enactment of this Act and shall apply with respect to an individual who is serving on active duty as a member of the Armed Forces on or after that date.

SEC. 109. Montgomery GI Bill benefits not to reduce financial aid.

(a) In general.—Section 480(j) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) Act is amended—

(1) in paragraph (1), by striking “including veterans’ education benefits as defined in subsection (c),” and inserting “including, subject to paragraph (4), veterans’ education benefits as defined in subsection (c),”; and

(2) by adding at the end the following new paragraph:

“(4) Notwithstanding paragraph (1), estimated financial assistance not received under this title shall not include any veterans’ benefits paid under chapter 30 of title 38, United States Code.”.

(b) Effective date.—The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act.

SEC. 110. Extension of increase in benefit for certain individuals pursuing apprenticeships or on-job training.

(a) Members of the Selected Reserve.—Subsection (d) of section 103 of the Veterans Earn and Learn Act of 2004 (Public Law 108–454; 38 U.S.C. 3032 note) is amended by striking “January 1, 2008” and inserting “January 1, 2014”.

(b) Survivors and dependents.—Subsection (c) of such section is amended by striking “January 1, 2008” and inserting “January 1, 2014”.

(c) Certain other individuals.—Subsection (a) of such section is amended by striking “January 1, 2008” and inserting “January 1, 2014”.

(d) Effective date.—The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.

SEC. 111. Modification of amount available for reimbursement of State and local agencies administering veterans education benefits.

Section 3674(a)(4) of title 38, United States Code, is amended by striking “may not exceed $13,000,000” and all that follows through the end and inserting “shall be $19,000,000”.

SEC. 112. Provision of basic educational assistance benefits for veterans discharged from active duty with general discharge.

(a) Active duty service.—Section 3011(a)(3)(B) of title 38, United States Code, is amended by inserting “or a general discharge (under honorable conditions)” before the period at the end.

(b) Service in Selected Reserve.—Section 3012(a)(3)(A) of such title is amended by inserting “or a general discharge (under honorable conditions)” before the semicolon.

(c) Effective date.—The amendments made by subsections (a) and (b) shall apply with respect to an individual who is discharged from service in the Armed Forces after the date that is 90 days after the date of the enactment of this Act.

SEC. 113. Increase in amount of reporting fee payable to educational institutions that enroll veterans receiving educational assistance.

(a) Increase in amount of fee.—Subsection (c) of section 3684 of title 38, United States Code, is amended—

(1) by striking “$7” and inserting “$21”; and

(2) by striking “$11” and inserting “$21”.

(b) Technical correction.—Subsection (a) of such section is amended by striking the second comma after “34”.

(c) Effective date.—The amendments made by subsections (a) and (b) shall take effect on the date that is 90 days after the date of the enactment of this Act.

SEC. 114. Provision of additional areas of work-study for veterans.

(a) In general.—Subsection (a)(4) of section 3485 of title 38, United States Code, is amended by adding at the end the following new subparagraph:

“(G) The provision of placement services described in section 3104(a)(5) of this title at an educational institution carried out under the supervision of a Department employee.”.

(b) Work study for students enrolled on half-time basis.—Subsection (b) of such section is amended—

(1) in the first sentence, by striking “three-quarters” and inserting “half”; and

(2) in the third sentence, by striking “three-quarter-time” and inserting “half-time”.

(c) Effective date.—The amendments made by this section shall apply with respect to agreements entered into under section 3485 of title 38, United States Code, after the date that is 90 days after the date of the enactment of this Act.

SEC. 115. 5-year pilot program for on-campus work-study positions.

(a) Establishment of pilot program.—Beginning not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a five-year pilot project to test the feasibility and advisability of expanding the scope of qualifying work-study activities under subsection (a)(4) of section 3485 of title 38, United States Code, including work-study positions available on site at educational institutions.

(b) Type of work-study positions.—The work-study positions referred to in subsection (a) may include positions in academic departments (including positions as tutors or research, teaching, and lab assistants) and in student services (including positions in career centers and financial aid, campus orientation, cashiers, admissions, records, and registration offices).

(c) Regulations.—The Secretary shall prescribe regulations to carry out the pilot project under this section, including regulations providing for the supervision of work-study positions referred to in subsection (a) by appropriate personnel.

(d) Authorization of appropriations.—There are authorized to be appropriated to the Secretary $10,000,000 for each of the fiscal years during which the Secretary carries out the pilot project under this section.

SEC. 116. Increase in employees for Education Service.

The Secretary of Veterans Affairs shall increase the number of full-time employees of the Education Service of the Department of Veterans Affairs by 150 additional such employees.

SEC. 117. Upgrade of certain information technology.

(a) Action plan required.—The Chief Information Officer of the Department of Veterans Affairs, in coordination with the Director of the Department of Veterans Affairs Education Service, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and action plan describing how the Chief Information Officer and Director of the Department of Veterans Affairs Education Service intend to upgrade the information technology system of the Department of Veteran Affairs that is used in connection with the administration of educational benefits under laws administered by the Secretary of Veterans Affairs. The Chief Information Officer and Director of the Department of Veterans Affairs Education Service shall update the committees at least annually on any progress made in upgrading such system.

(b) Authorization of appropriations.—There is authorized to be appropriated to upgrade the information technology system of the Department of Veteran Affairs that is used in connection with the administration of educational benefits under laws administered by the Secretary of Veterans Affairs—

(1) $8,000,000 for fiscal year 2009; and

(2) $3,000,000 for each of fiscal years 2010, 2011, and 2012.

SEC. 118. Modification of advance payment of initial educational assistance or subsistence allowance.

(a) Modification.—Section 3680(d)(2) of title 38, United States Code, is amended by inserting after the third sentence the following new sentence: “For purposes of the entitlement to educational assistance of the veteran or person receiving an advance payment under this subsection, the advance payment shall be charged against the final month of the entitlement of the person or veteran and, if necessary, the penultimate such month. In no event may any veteran or person receive more than one advance payment under this subsection during any academic year.”.

(b) Effective date.—The amendment made by subsection (a) shall apply with respect to an advance payment of educational assistance made after the date that is 90 days after the date of the enactment of this Act.

SEC. 119. Modification of period of eligibility applicable to certain spouses of individuals with service-connected total disabilities permanent in nature.

Section 3512(b)(1) of title 38, United States Code, is amended—

(1) in subparagraph (A), by striking “subparagraph (B) or (C)” and inserting “subparagraphs (B), (C), and (D)”; and

(2) by adding at the end the following new subparagraph:

“(D) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph who is made eligible under section 3501(a)(1)(D)(i) of this title by reason of a service-connected disability that was determined to be a total disability permanent in nature not later than three years after discharge from service may be afforded educational assistance under this chapter during the 20-year period beginning on the date the disability was so determined to be a total disability permanent in nature, but only if the eligible person remains the spouse of the disabled person throughout the period.”.

SEC. 120. Consideration of additional contributions and payments in calculating entitlement charge for certain programs of education.

(a) Tuition assistance.—Section 3014(b)(2)(C) is amended by striking “or (e)(1) of section 3015 of this title,” and inserting “(e)(1), or (g) of section 3015 of this title, or section 16131(i) of title 10,”.

(b) Flight training.—Section 3032(e)(3) is amended by striking “or (e)(1) of section 3015 of this title,” and inserting “(e)(1), or (g) of section 3015 of this title, or section 16131(i) of title 10,”.

(c) Licensing and certification tests.—Section 3032(f)(2) is amended by striking “or (e)(1) of section 3015 of this title,” and inserting “(e)(1), or (g) of section 3015 of this title, or section 16131(i) of title 10,”.

SEC. 121. Increase in amount of educational assistance for members of the Selected Reserve and reserve component members supporting contingency operations and certain other operations.

(a) Members of the Selected Reserve.—Section 16131(b) of title 10, United States Code, is amended—

(1) in paragraph (1), by striking “at the following rates” and all that follows through the end;

(2) by striking paragraph (2);

(3) by inserting after paragraph (1) the following new paragraphs:

“(2) The educational assistance allowance provided under this subchapter shall be based on the applicable percent under paragraph (4) of the applicable rate provided under section 3015 of title 38 for a member whose entitlement is based on completion of an obligated period of active duty of 3 years.

“(3) The educational assistance allowance provided under this section for a person who is undertaking a program for which a reduced rate is specified in chapter 30 of such title, that rate shall be further adjusted by the applicable percent specified in paragraph (4).

“(4) The adjusted educational assistance allowance under paragraph (2) or (3), as applicable, shall be 47 percent.”.

(b) Reserve component members supporting contingency operations and certain other operations.—Paragraph (4) of section 16162(c) of title 10, United States Code, is amended to read as follows:

“(4) The adjusted educational assistance allowance under paragraph (2) or (3), as applicable, shall be—

“(A) 50 percent in the case of a member of a reserve component who performed active service for 90 cumulative days but less than 180 cumulative days;

“(B) 55 percent in the case of a member of a reserve component who performed active service for 180 cumulative days but less than 365 cumulative days;

“(C) 60 percent in the case of a member of a reserve component who performed active service for 365 cumulative days but less than 545 cumulative days;

“(D) 70 percent in the case of a member of a reserve component who performed active service for 545 cumulative days but less than 730 cumulative days;

“(E) 80 percent in the case of a member of a reserve component who performed active service for 730 cumulative days but less than 910 cumulative days;

“(F) 90 percent in the case of a member of a reserve component who performed active service for 910 cumulative days but less than 1095 cumulative days; and

“(G) 100 percent in the case of a member of a reserve component who performed active service for 1095 cumulative days or more.”.

SEC. 122. Expansion of programs of education eligible for accelerated payments of educational assistance under laws administered by Secretary of Veterans Affairs.

(a) Commercial driver’s license training programs.—Subsection (b)(1) of section 3014A of title 38, United States Code, is amended—

(1) by inserting “(A)” after “that leads to”; and

(2) by inserting before the semicolon at the end the following: “or (B) employment as an operator of a commercial motor vehicle (as defined in section 31301(4) of title 49)”.

(b) Conforming amendments.—

(1) HEADING.—The heading of section 3014A of such title is amended by adding at the end the following: “and employment in certain other occupations”.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 30 of such title is amended in the item relating to section 3014A by inserting before the period at the end the following:


“and employment in certain other occupations”.

SEC. 201. Voucher plan for FEHBP.

(a) In general.—Section 8906(b) of title 5, United States Code, is amended to read as follows:

“(b)(1) Except as otherwise provided in this subsection, the maximum annual Government contribution for an employee or annuitant enrolled in a health benefits plan under this chapter is, for any year beginning after 2009, equal to—

“(A) $3,600 in the case of an employee or annuitant enrolled for self alone; and

“(B) $8,400 in the case of an employee or annuitant enrolled for self and family.

“(2)(A) In the case of each year beginning after 2010, each of the dollar amounts in paragraph (1) shall be increased by an amount equal to—

“(i) such dollar amount, multiplied by

“(ii) the cost-of-living adjustment for such year.

“(B) For purposes of subparagraph (A), the cost-of-living adjustment for any year is the percentage (if any) by which—

“(i) the CPI for the preceding year, exceeds

“(ii) the CPI for 2009.

“(C) For purposes of subparagraph (B), the CPI for any year is the average of the Consumer Price Index for the 12-month period ending on June 30 of such year.

“(D) For purposes of subparagraph (C), the term ‘Consumer Price Index’ means the Consumer Price Index (all items-United States city average) published monthly by the Bureau of Labor Statistics.

“(E) If any increase determined under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.

“(3) The biweekly Government contribution for an employee or annuitant enrolled in a health benefits plan under this chapter shall be the amount equal to—

“(A) the amount of the biweekly subscription charge, multiplied by

“(B) the lesser of—

“(i) the percentage determined by dividing the dollar amount specified in paragraph (1)(A) or (1)(B) (as applicable) by the total annual subscription charge, or

“(ii) 75 percent.

“(4) In the case of an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2)), the biweekly Government contribution shall be equal to the amount which bears the same ratio to the amount determined under paragraph (3) as the average number of hours in such employee's regularly scheduled workweek bears to the average number of hours in the regularly scheduled workweek of an employee serving in a comparable position on a full-time career basis (as determined under regulations prescribed by the Office).

“(5) For an employee, the Government contribution computed under this subsection with respect to a year begins on the first day of the employee's first pay period of each year. For an annuitant, the Government contribution begins on the first day of the first period of the year for which an annuity payment is made.”.

(b) Conforming amendment.—Section 8906(a) of title 5, United States Code, is repealed.

(c) Savings provisions.—

(1) IN GENERAL.—For the purposes described in paragraph (2), the provisions of chapter 89 of title 5, United States Code, shall be applied as if the amendments made by this section had not been enacted.

(2) PURPOSES DESCRIBED.—Paragraph (1) shall apply for purposes of determining the individual and Government contributions payable—

(A) for any period before the first day of the first applicable pay or other period beginning in 2010, in the case of any individual; and

(B) for any period beginning on or after the first day described in subparagraph (A), in the case of any individual who, as of the date of the enactment of this Act—

(i) is enrolled in a health benefits plan under chapter 89 of such title 5 as an annuitant; or

(ii) would (but for being enrolled as a family member) be eligible under section 8905(b) of such title for continued enrollment as an annuitant.

SEC. 202. Government contributions for annuitants under FEHBP to be determined based on length of Government service.

Section 8906(b) of title 5, United States Code, as amended by section 201, is further amended—

(1) by redesignating paragraph (5) as paragraph (6); and

(2) by inserting after paragraph (4) the following:

“(5)(A) In the case of an annuitant, the dollar amount specified in paragraph (1)(A) or (1)(B) (as applicable) shall be reduced by 16 of 1 percent for each full month that—

“(i) in the case of an annuitant within the meaning of subparagraph (A) or (C) of section 8901(3), the total amount of creditable service performed by such annuitant is less than 20 years; and

“(ii) in the case of an annuitant within the meaning of subparagraph (B) or (D) of section 8901(3), the total amount of creditable service performed by the deceased employee or former employee (as referred to in such subparagraph (B) or (D), as applicable) is less than 20 years.

“(B) For purposes of subparagraph (A), the term ‘creditable service’ means any employment creditable under section 8332 or 8411.

“(C) Nothing in this paragraph shall apply in the case of any individual who becomes an annuitant, within the meaning of section 8901(3), before January 1, 2010.”.

SEC. 203. Benefits under CSRS and FERS to be computed based on modified definition of “average pay”.

(a) In general.—Section 8331(4) of title 5, United States Code, is amended by striking “3” each place it appears and inserting “5”.

(b) Effective date.—The amendments made by subsection (a) shall apply with respect to any annuity which is payable based on a separation from service occurring after September 30, 2008.

(c) Savings provision.—For purposes of any annuity which is payable based on a separation from service occurring before October 1, 2008, the provisions of section 8331(4) of title 5, United States Code, shall be applied as if the amendments made by subsection (a) had not been enacted.

SEC. 204. Elimination of annuity supplement under FERS and related retirement systems.

(a) Supplements under FERS.—Chapter 84 of title 5, United States Code, is amended—

(1) by repealing sections 8421 and 8421a; and

(2) by repealing subsection (f) of section 8442.

(b) Supplement under Foreign Service Pension System.—Subsection (c) of section 855 of the Foreign Service Act of 1980 (22 U.S.C. 4071d(c)) is repealed.

(c) Supplement under Central Intelligence Agency Retirement and Disability System.—Paragraph (2) of section 305(c) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2154(c)(2) is repealed.

(d) Technical and conforming amendments.—(1) Section 8349(a)(3)(B)(i)(II) of title 5, United States Code, is amended by striking “section 8421(b)(3)” and inserting “section 8421(b)(3) (as last in effect)”.

(2) The analysis for chapter 84 of title 5, United States Code, is amended by repealing the items relating to sections 8421 and 8421a, respectively.

(e) Effective date.—The amendments made by this section shall apply with respect to any individual whose entitlement to retirement benefits under the Federal Employees’ Retirement System (or other retirement system) is based on a separation from service occurring on or after the date of the enactment of this Act.

SEC. 301. Short title.

This title may be cited as the “National Environment and Energy Development Act”.

SEC. 302. Termination of prohibitions on expenditures for, and withdrawals from, offshore gas leasing.

(a) Prohibitions on expenditures.—All provisions of Federal law that prohibit the expenditure of appropriated funds to conduct natural gas leasing and preleasing activities for any area of the Outer Continental Shelf shall have no force or effect with respect to such activities.

(b) Revocation withdrawals.—All withdrawals of Federal submerged lands of the Outer Continental Shelf from leasing, including withdrawals by the President under the authority of section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby revoked and are no longer in effect with respect to the leasing of areas for exploration for, and development and production of, natural gas.

(c) Prohibitions and withdrawals for oil not affected.—This section does not affect—

(1) any prohibition on the expenditure of appropriated funds to conduct oil leasing or preleasing activities; and

(2) any withdrawal of Federal submerged lands from leasing for exploration for, and development and production of, oil.

SEC. 303. Outer Continental Shelf natural gas leasing program.

The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by inserting after section 9 the following:

“SEC. 10. Moratoria area and State approval requirement with respect to natural gas leasing.

“(a) Buffer zone.—The Secretary may not grant any natural gas lease for any area of the outer Continental Shelf that is located within 25 miles of the coastline of a State.

“(b) State approval requirement.—

“(1) IN GENERAL.—The Secretary may not issue any lease authorizing exploration for, or development of, natural gas in any area of the outer Continental Shelf that is located within 50 miles of the coastline of a State unless the State has enacted a law approving of the issuance of such leases by the Secretary.

“(2) STATE APPROVAL PERMANENT.—Repeal of such a law by a State shall have no effect for purposes of paragraph (1).

“(c) State disapproval authority.—

“(1) IN GENERAL.—The Secretary may not issue any lease authorizing exploration for, or development of, natural gas in any area of the outer Continental Shelf that is located more than 50 miles and less than 100 miles from the coastline of a State if the State has enacted a law disapproving of the issuance of such leases by the Secretary.

“(2) REQUIREMENTS FOR STATE LAW.—A law enacted by a State for purposes of paragraph (1)—

“(A) shall have no force or effect for purposes of paragraph (1) unless first enacted by the State within the one-year period beginning on the date of the enactment of the National Environment and Energy Development Act; and

“(B) shall have no force or effect for purposes of paragraph (1) after the end of the 2-year period beginning on the date it first takes effect, unless the State, in the 2-year period preceding the application of the law for purposes of paragraph (1), enacted legislation extending the effectiveness of the law.”.

SEC. 304. Natural gas leasing.

Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is further amended by adding at the end the following subsection:

“(r) Natural gas leasing.—

“(1) IN GENERAL.—The Secretary may issue leases under this section that authorize development and production of natural gas and associated condensate in accordance with regulations promulgated under paragraph (2).

“(2) REGULATIONS.—Before issuing any lease under paragraph (1), the Secretary must promulgate regulations that—

“(A) define what constitutes natural gas, condensate, and oil;

“(B) establish the lessee’s rights and obligations regarding condensate produced in association with natural gas;

“(C) prescribe procedures and requirements that the lessee of a lease issued under this subsection must follow if the lessee discovers oil deposits in the course of exploration or development; and

“(D) establish such other requirements for natural gas leases as the Secretary considers appropriate.

“(3) APPLICATION OF OTHER LAWS.—All provisions of this Act or any other Federal law or regulations that apply to oil and natural gas leases for the Outer Continental Shelf shall apply to natural gas-only leases authorized under this subsection.

“(4) EXISTING LEASES.—At the request of the lessee of an oil and gas lease in effect under this section on the date of enactment of this subsection, and under the requirements prescribed in regulations promulgated under paragraph (2), the Secretary may restrict development under such a lease to natural gas and associated condensate.

“(5) OIL AND GAS LEASING PROGRAMS.—The Secretary may include provisions regarding issuance of natural gas leases in the outer Continental shelf leasing program that applies for the 5-year period beginning in 2007, notwithstanding any draft proposal for such program issued before the date of the enactment of this subsection.

“(6) PROHIBITIONS AND WITHDRAWALS FOR OIL NOT AFFECTED.—This subsection does not affect—

“(A) any prohibition on the expenditure of appropriated funds to conduct oil leasing or preleasing activities; and

“(B) any withdrawal of Federal submerged lands from leasing for exploration for, and development and production of, oil.”.

SEC. 305. Policies regarding buying and building American.

(a) Intent of Congress.—It is the intent of the Congress that this title, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America’s workforce to assist in the development of affordable energy from the Outer Continental Shelf. Moreover, the Congress intends to monitor the deployment of personnel and material in the Outer Continental Shelf to encourage the development of American technology and manufacturing to enable United States workers to benefit from this title by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources.

(b) Safeguard for Extraordinary Ability.—Section 30(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the matter preceding paragraph (1) by striking “regulations which” and inserting “regulations that shall be supplemental and complimentary with and under no circumstances a substitution for the provisions of the Constitution and laws of the United States extended to the subsoil and seabed of the outer Continental Shelf pursuant to section 4 of this Act, except insofar as such laws would otherwise apply to individuals who have extraordinary ability in the sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim, and that”.

SECTION 401. Short title.

This title may be cited as the “American Energy Independence and Price Reduction Act”.

SEC. 402. 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) SECRETARY.—The term “Secretary”, except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee.

SEC. 403. 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 an environmentally sound program for 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.—

(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, 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 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 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 rules and 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 periodically review and, if appropriate, revise the rules and regulations issued under subsection (a) to reflect any significant biological, environmental, or engineering data that come to the Secretary’s attention.

SEC. 404. Lease sales.

(a) In general.—Lands may be leased pursuant to 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, establish procedures for—

(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 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.—Bidding for leases under this title shall be by sealed competitive cash bonus bids.

(d) Acreage minimum in first sale.—In the first lease sale under this title, 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) conduct the first lease sale under this title within 22 months after the date of the enactment of this Act;

(2) evaluate the bids in such sale and issue leases resulting from such sale, within 90 days after the date of the completion of such sale; and

(3) conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales.

SEC. 405. Grant of leases by the Secretary.

(a) In general.—The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 404 any lands to be leased on the Coastal Plain upon payment by the lessee 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. 406. Lease terms and conditions.

(a) In general.—An oil or gas lease issued pursuant to this title shall—

(1) provide for the payment of a royalty of not less than 12½ percent in amount or value of the production removed or sold from 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;

(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 approved 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 403(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 the provisions of this title and the regulations issued under this title.

(b) Project labor agreements.—The Secretary, as a term and condition of each lease under this title and in recognizing the Government’s proprietary interest 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 title and the special concerns of the parties to such leases, shall require that the lessee and its agents and contractors negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease.

SEC. 407. 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 403, administer the provisions of 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 2,000 acres on the Coastal Plain.

(b) Site-specific assessment and mitigation.—The Secretary shall also require, with respect to any proposed drilling and related activities, that—

(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.

(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 system; 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 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 lands in the Coastal Plain for traditional uses.

SEC. 408. Expedited judicial review.

(a) Filing of complaint.—

(1) DEADLINE.—Subject to paragraph (2), any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title shall be filed—

(A) except as provided in subparagraph (B), within the 90-day period beginning on the date of the action being challenged; or

(B) 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 the terms of 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.

SEC. 409. 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 Federal oil and gas leasing and operations authorized under this title—

(1) 50 percent shall be paid to the State of Alaska; and

(2) except as provided in section 412(d), the balance shall be transferred to the ANWR Alternative Energy Trust Fund established by this title.

(b) Payments to Alaska.—Payments to the State of Alaska under this section shall be made semiannually.

SEC. 410. 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—

(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 (30 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).

(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 403(g) provisions granting rights-of-way and easements described in subsection (a) of this section.

SEC. 411. 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 the provisions of 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 effective 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.

SEC. 412. Local government impact aid and community service assistance.

(a) Financial assistance authorized.—

(1) IN GENERAL.—The Secretary may use amounts available from the Coastal Plain Local Government Impact Aid Assistance Fund established by subsection (d) to provide timely financial assistance to entities that are eligible under paragraph (2) and that are directly impacted by the exploration for or production of oil and gas on the Coastal Plain under this title.

(2) ELIGIBLE ENTITIES.—The North Slope Borough, the City of Kaktovik, 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 title, as determined by the Secretary, shall be eligible for financial assistance under this section.

(b) Use of assistance.—Financial assistance under this section may be used only for—

(1) planning for mitigation of the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence values;

(2) implementing mitigation plans and maintaining mitigation projects;

(3) developing, carrying out, and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects, including fire-fighting, police, water, waste treatment, medivac, and medical services; and

(4) establishment of a coordination office, by the North Slope Borough, in the City of Kaktovik, which shall—

(A) coordinate with and advise developers on local conditions, impact, and history of the areas utilized for development; and

(B) provide to the Committee on 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 development.

(c) Application.—

(1) IN GENERAL.—Any community that is eligible for assistance under this section may submit an application for such assistance to the Secretary, in such form and under such procedures as the Secretary may prescribe by regulation.

(2) 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 Borough.

(3) 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 section.

(d) Establishment of fund.—

(1) IN GENERAL.—There is established in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund.

(2) USE.—Amounts in the fund may be used only for providing financial assistance under this section.

(3) DEPOSITS.—Subject to paragraph (4), there shall be deposited into the fund amounts received by the United States as revenues derived from rents, bonuses, and royalties from Federal leases and lease sales authorized under this title.

(4) LIMITATION ON DEPOSITS.—The total amount in the fund may not exceed $11,000,000.

(5) INVESTMENT OF BALANCES.—The Secretary of the Treasury shall invest amounts in the fund in interest bearing government securities.

(e) 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 $5,000,000 for each fiscal year.

SEC. 413. ANWR Alternative Energy Trust Fund.

(a) Establishment of trust fund.—There is established in the Treasury of the United States a trust fund to be known as the “ANWR Alternative Energy Trust Fund”, consisting of such amounts as may be transferred to the ANWR Alternative Energy Trust Fund as provided in section 409.

(b) Expenditures from ANWR Alternative Energy Trust Fund.—

(1) IN GENERAL.—Amounts in the ANWR Alternative Energy Trust Fund shall be available without further appropriation to carry out specified provisions of the Energy Policy Act of 2005 (Public Law 109–58; in this section referred to as “EPAct2005”) and the Energy Independence and Security Act of 2007 (Public Law 110–140; in this section referred to as “EISAct2007”), as follows:


To carry out the provisions of: The following percentage of annual receipts to the ANWR Alternative Energy Trust Fund, but not to exceed the limit on amount authorized, if any:
EPAct2005:  
  Section 210 1.5 percent 
  Section 242 1.0 percent 
  Section 369 2.0 percent 
  Section 401 6.0 percent 
  Section 812 6.0 percent 
  Section 931 19.0 percent 
  Section 942 1.5 percent 
  Section 962 3.0 percent 
  Section 968 1.5 percent 
  Section 1704 6.0 percent 
EISAct2007:  
  Section 207 15.0 percent 
  Section 607 1.5 percent 
  Title VI, Subtitle B 3.0 percent 
  Title VI, Subtitle C 1.5 percent 
  Section 641 9.0 percent 
  Title VII, Subtitle A 15.0 percent 
  Section 1112 1.5 percent 
  Section 1304 6.0 percent.

(2) APPORTIONMENT OF EXCESS AMOUNT.—Notwithstanding paragraph (1), any amounts allocated under paragraph (1) that are in excess of the amounts authorized in the applicable cited section or subtitle of EPAct2005 and EISAct2007 shall be reallocated to the remaining sections and subtitles cited in paragraph (1), up to the amounts otherwise authorized by law to carry out such sections and subtitles, in proportion to the amounts authorized by law to be appropriated for such other sections and subtitles.