I 

112TH CONGRESS 

1ST SESSION H. R. 3407 

To direct the Secretary of the Interior to establish and implement a competitive oil and gas leasing program for the exploration, development, and 

production of the oil and gas resources of the Coastal Plain of Alaska, 

to ensure secure energy supplies for the continental Pacific Coast of 

the United States, lower prices, and reduce imports, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2011 

Mr. HASTINGS of Washington (for himself and Mr. YOUNG of Alaska) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

To direct the Secretary of the Interior to establish and 

implement a competitive oil and gas leasing program 

for the exploration, development, and production of the 

oil and gas resources of the Coastal Plain of Alaska, 

to ensure secure energy supplies for the continental Pacific Coast of the United States, lower prices, and reduce 

imports, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Alaskan Energy for 

3 American Jobs Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) COASTAL PLAIN.—The term ‘‘Coastal 

7 Plain’’ means that area described in appendix I to 

8 part 37 of title 50, Code of Federal Regulations. 

9 (2) PEER REVIEWED.—The term ‘‘peer re10 viewed’’ means reviewed— 

11 (A) by individuals chosen by the National 

12 Academy of Sciences with no contractual rela13 tionship with or those who have an application 

14 for a grant or other funding pending with the 

15 Federal agency with leasing jurisdiction; or 

16 (B) if individuals described in subpara17 graph (A) are not available, by the top individ18 uals in the specified biological fields, as deter19 mined by the National Academy of Sciences. 

20 (3) SECRETARY.—The term ‘‘Secretary’’, except 

21 as otherwise provided, means the Secretary of the 

22 Interior or the Secretary’s designee. 

23 SEC. 3. LEASING PROGRAM FOR LANDS WITHIN THE 

24 COASTAL PLAIN. 

25 (a) IN GENERAL.—The Secretary shall take such ac26 tions as are necessary— 


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1 (1) to establish and implement, in accordance 

2 with this Act and acting through the Director of the 

3 Bureau of Land Management in consultation with 

4 the Director of the United States Fish and Wildlife 

5 Service, a competitive oil and gas leasing program 

6 that will result in the exploration, development, and 

7 production of the oil and gas resources of the Coast8 al Plain; and 

9 (2) to administer the provisions of this Act 

10 through regulations, lease terms, conditions, restric11 tions, prohibitions, stipulations, and other provisions 

12 that ensure the oil and gas exploration, development, 

13 and production activities on the Coastal Plain will 

14 result in no significant adverse effect on fish and 

15 wildlife, their habitat, subsistence resources, and the 

16 environment, including, in furtherance of this goal, 

17 by requiring the application of the best commercially 

18 available technology for oil and gas exploration, de19 velopment, and production to all exploration, devel20 opment, and production operations under this Act in 

21 a manner that ensures the receipt of fair market 

22 value by the public for the mineral resources to be 

23 leased. 

24 (b) REPEAL OF EXISTING RESTRICTION.— 


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1 (1) REPEAL.—Section 1003 of the Alaska Na2 tional Interest Lands Conservation Act of 1980 (16 

3 U.S.C. 3143) is repealed. 

4 (2) CONFORMING AMENDMENT.—The table of 

5 contents in section 1 of such Act is amended by 

6 striking the item relating to section 1003. 

7 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER8 TAIN OTHER LAWS.— 

9 (1) COMPATIBILITY.—For purposes of the Na10 tional Wildlife Refuge System Administration Act of 

11 1966 (16 U.S.C. 668dd et seq.), the oil and gas 

12 leasing program and activities authorized by this 

13 section in the Coastal Plain are deemed to be com14 patible with the purposes for which the Arctic Na15 tional Wildlife Refuge was established, and no fur16 ther findings or decisions are required to implement 

17 this determination. 

18 (2) ADEQUACY OF THE DEPARTMENT OF THE

19 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

20 STATEMENT.—The ‘‘Final Legislative Environ21 mental Impact Statement’’ (April 1987) on the 

22 Coastal Plain prepared pursuant to section 1002 of 

23 the Alaska National Interest Lands Conservation 

24 Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) 

25 of the National Environmental Policy Act of 1969 


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1 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the re2 quirements under the National Environmental Policy 

3 Act of 1969 that apply with respect to prelease ac4 tivities under this Act, including actions authorized 

5 to be taken by the Secretary to develop and promul6 gate the regulations for the establishment of a leas7 ing program authorized by this Act before the con8 duct of the first lease sale. 

9 (3) COMPLIANCE WITH NEPA FOR OTHER AC10 TIONS.—Before conducting the first lease sale under 

11 this Act, the Secretary shall prepare an environ12 mental impact statement under the National Envi13 ronmental Policy Act of 1969 with respect to the ac14 tions authorized by this Act that are not referred to 

15 in paragraph (2). Notwithstanding any other law, 

16 the Secretary is not required to identify nonleasing 

17 alternative courses of action or to analyze the envi18 ronmental effects of such courses of action. The Sec19 retary shall only identify a preferred action for such 

20 leasing and a single leasing alternative, and analyze 

21 the environmental effects and potential mitigation 

22 measures for those two alternatives. The identifica23 tion of the preferred action and related analysis for 

24 the first lease sale under this Act shall be completed 

25 within 18 months after the date of enactment of this 


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1 Act. The Secretary shall only consider public com2 ments that specifically address the Secretary’s pre3 ferred action and that are filed within 20 days after 

4 publication of an environmental analysis. Notwith5 standing any other law, compliance with this para6 graph is deemed to satisfy all requirements for the 

7 analysis and consideration of the environmental ef8 fects of proposed leasing under this Act. 

9 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR10 ITY.—Nothing in this Act shall be considered to expand 

11 or limit State and local regulatory authority. 

12 (e) SPECIAL AREAS.— 

13 (1) IN GENERAL.—The Secretary, after con14 sultation with the State of Alaska, the city of 

15 Kaktovik, and the North Slope Borough, may des16 ignate up to a total of 45,000 acres of the Coastal 

17 Plain as a Special Area if the Secretary determines 

18 that the Special Area is of such unique character 

19 and interest so as to require special management 

20 and regulatory protection. The Secretary shall des21 ignate as such a Special Area the Sadlerochit Spring 

22 area, comprising approximately 4,000 acres. 

23 (2) MANAGEMENT.—Each such Special Area 

24 shall be managed so as to protect and preserve the 


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1 area’s unique and diverse character including its 

2 fish, wildlife, and subsistence resource values. 

3 (3) EXCLUSION FROM LEASING OR SURFACE

4 OCCUPANCY.—The Secretary may exclude any Spe5 cial Area from leasing. If the Secretary leases a Spe6 cial Area, or any part thereof, for purposes of oil 

7 and gas exploration, development, production, and 

8 related activities, there shall be no surface occu9 pancy of the lands comprising the Special Area. 

10 (4) DIRECTIONAL DRILLING.—Notwithstanding 

11 the other provisions of this subsection, the Secretary 

12 may lease all or a portion of a Special Area under 

13 terms that permit the use of horizontal drilling tech14 nology from sites on leases tracts located outside the 

15 Special Area. 

16 (f) LIMITATION ON CLOSED AREAS.—The Sec17 retary’s sole authority to close lands within the Coastal 

18 Plain to oil and gas leasing and to exploration, develop19 ment, and production is that set forth in this Act. 

20 (g) REGULATIONS.— 

21 (1) IN GENERAL.—The Secretary shall pre22 scribe such regulations as may be necessary to carry 

23 out this Act, including regulations relating to protec24 tion of the fish and wildlife, their habitat, subsist25 ence resources, and environment of the Coastal 


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1 Plain, by no later than 15 months after the date of 

2 enactment of this Act. 

3 (2) REVISION OF REGULATIONS.—The Sec4 retary shall, through a rule making conducted in ac5 cordance with section 553 of title 5, United States 

6 Code, periodically review and, if appropriate, revise 

7 the regulations issued under subsection (a) to reflect 

8 a preponderance of the best available scientific evi9 dence that has been peer reviewed and obtained by 

10 following appropriate, documented scientific proce11 dures, the results of which can be repeated using 

12 those same procedures. 

13 SEC. 4. LEASE SALES. 

14 (a) IN GENERAL.—Lands may be leased under this 

15 Act to any person qualified to obtain a lease for deposits 

16 of oil and gas under the Mineral Leasing Act (30 U.S.C. 

17 181 et seq.). 

18 (b) PROCEDURES.—The Secretary shall, by regula19 tion and no later than 180 days after the date of enact20 ment of this Act, establish procedures for— 

21 (1) receipt and consideration of sealed nomina22 tions for any area of the Coastal Plain for inclusion 

23 in, or exclusion (as provided in subsection (c)) from, 

24 a lease sale; 


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1 (2) the holding of lease sales after such nomina2 tion process; and 

3 (3) public notice of and comment on designa4 tion of areas to be included in, or excluded from, a 

5 lease sale. 

6 (c) LEASE SALE BIDS.—Lease sales under this Act 

7 may be conducted through an Internet leasing program, 

8 if the Secretary determines that such a system will result 

9 in savings to the taxpayer, an increase in the number of 

10 bidders participating, and higher returns than oral bidding 

11 or a sealed bidding system. 

12 (d) SALE ACREAGES AND SCHEDULE.— 

13 (1) The Secretary shall offer for lease under 

14 this Act those tracts the Secretary considers to have 

15 the greatest potential for the discovery of hydro16 carbons, taking into consideration nominations re17 ceived pursuant to subsection (b)(1). 

18 (2) The Secretary shall offer for lease under 

19 this Act no less than 50,000 acres for lease within 

20 22 months after the date of the enactment of this 

21 Act. 

22 (3) The Secretary shall offer for lease under 

23 this Act no less than an additional 50,000 acres at 

24 6-, 12-, and 18-month intervals following offering 

25 under paragraph (2). 


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1 (4) The Secretary shall conduct four additional 

2 sales under the same terms and schedule no later 

3 than two years after the date of the last sale under 

4 paragraph (3), if sufficient interest in leasing exists 

5 to warrant, in the Secretary’s judgment, the conduct 

6 of such sales. 

7 (5) The Secretary shall evaluate the bids in 

8 each sale and issue leases resulting from such sales, 

9 within 90 days after the date of the completion of 

10 such sale. 

11 SEC. 5. GRANT OF LEASES BY THE SECRETARY. 

12 (a) IN GENERAL.—The Secretary may grant to the 

13 highest responsible qualified bidder in a lease sale con14 ducted under section 4 any lands to be leased on the 

15 Coastal Plain upon payment by the such bidder of such 

16 bonus as may be accepted by the Secretary. 

17 (b) SUBSEQUENT TRANSFERS.—No lease issued 

18 under this Act may be sold, exchanged, assigned, sublet, 

19 or otherwise transferred except with the approval of the 

20 Secretary. Prior to any such approval the Secretary shall 

21 consult with, and give due consideration to the views of, 

22 the Attorney General. 

23 SEC. 6. LEASE TERMS AND CONDITIONS. 

24 (a) IN GENERAL.—An oil or gas lease issued under 

25 this Act shall— 


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1 (1) provide for the payment of a royalty of not 

less than 121 2 ⁄2 percent in amount or value of the 

3 production removed or sold under the lease, as de4 termined by the Secretary under the regulations ap5 plicable to other Federal oil and gas leases; 

6 (2) provide that the Secretary may close, on a 

7 seasonal basis, portions of the Coastal Plain to ex8 ploratory drilling activities as necessary to protect 

9 caribou calving areas and other species of fish and 

10 wildlife based on a preponderance of the best avail11 able scientific evidence that has been peer reviewed 

12 and obtained by following appropriate, documented 

13 scientific procedures, the results of which can be re14 peated using those same procedures; 

15 (3) require that the lessee of lands within the 

16 Coastal Plain shall be fully responsible and liable for 

17 the reclamation of lands within the Coastal Plain 

18 and any other Federal lands that are adversely af19 fected in connection with exploration, development, 

20 production, or transportation activities conducted 

21 under the lease and within the Coastal Plain by the 

22 lessee or by any of the subcontractors or agents of 

23 the lessee; 

24 (4) provide that the lessee may not delegate or 

25 convey, by contract or otherwise, the reclamation reVerDate Mar 15 2010 01:13 Nov 15, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3407.IH H3407

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1 sponsibility and liability to another person without 

2 the express written approval of the Secretary; 

3 (5) provide that the standard of reclamation for 

4 lands required to be reclaimed under this Act shall 

5 be, as nearly as practicable, a condition capable of 

6 supporting the uses which the lands were capable of 

7 supporting prior to any exploration, development, or 

8 production activities, or upon application by the les9 see, to a higher or better use as certified by the Sec10 retary; 

11 (6) contain terms and conditions relating to 

12 protection of fish and wildlife, their habitat, subsist13 ence resources, and the environment as required 

14 pursuant to section 3(a)(2); 

15 (7) provide that the lessee, its agents, and its 

16 contractors use best efforts to provide a fair share, 

17 as determined by the level of obligation previously 

18 agreed to in the 1974 agreement implementing sec19 tion 29 of the Federal Agreement and Grant of 

20 Right of Way for the Operation of the Trans-Alaska 

21 Pipeline, of employment and contracting for Alaska 

22 Natives and Alaska Native corporations from 

23 throughout the State; 

24 (8) prohibit the export of oil produced under 

25 the lease; and 


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1 (9) contain such other provisions as the Sec2 retary determines necessary to ensure compliance 

3 with this Act and the regulations issued under this 

4 Act. 

5 SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

6 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

7 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

8 The Secretary shall, consistent with the requirements of 

9 section 3, administer this Act through regulations, lease 

10 terms, conditions, restrictions, prohibitions, stipulations, 

11 and other provisions that— 

12 (1) ensure the oil and gas exploration, develop13 ment, and production activities on the Coastal Plain 

14 will result in no significant adverse effect on fish 

15 and wildlife, their habitat, and the environment; 

16 (2) require the application of the best commer17 cially available technology for oil and gas explo18 ration, development, and production on all new ex19 ploration, development, and production operations; 

20 and 

21 (3) ensure that the maximum amount of sur22 face acreage covered by production and support fa23 cilities, including airstrips and any areas covered by 

24 gravel berms or piers for support of pipelines, does 


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1 not exceed 10,000 acres on the Coastal Plain for 

2 each 100,000 acres of area leased. 

3 (b) SITE-SPECIFIC ASSESSMENT AND MITIGATION.— 

4 The Secretary shall also require, with respect to any pro5 posed drilling and related activities, that— 

6 (1) a site-specific analysis be made of the prob7 able effects, if any, that the drilling or related activi8 ties will have on fish and wildlife, their habitat, sub9 sistence resources, and the environment; 

10 (2) a plan be implemented to avoid, minimize, 

11 and mitigate (in that order and to the extent prac12 ticable) any significant adverse effect identified 

13 under paragraph (1); and 

14 (3) the development of the plan shall occur 

15 after consultation with the agency or agencies hav16 ing jurisdiction over matters mitigated by the plan. 

17 (c) REGULATIONS TO PROTECT COASTAL PLAIN

18 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

19 AND THE ENVIRONMENT.—Before implementing the leas20 ing program authorized by this Act, the Secretary shall 

21 prepare and promulgate regulations, lease terms, condi22 tions, restrictions, prohibitions, stipulations, and other 

23 measures designed to ensure that the activities undertaken 

24 on the Coastal Plain under this Act are conducted in a 


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1 manner consistent with the purposes and environmental 

2 requirements of this Act. 

3 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI4 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

5 proposed regulations, lease terms, conditions, restrictions, 

6 prohibitions, and stipulations for the leasing program 

7 under this Act shall require compliance with all applicable 

8 provisions of Federal and State environmental law, and 

9 shall also require the following: 

10 (1) Standards at least as effective as the safety 

11 and environmental mitigation measures set forth in 

12 items 1 through 29 at pages 167 through 169 of the 

13 ‘‘Final Legislative Environmental Impact State14 ment’’ (April 1987) on the Coastal Plain. 

15 (2) Seasonal limitations on exploration, develop16 ment, and related activities, where necessary, to 

17 avoid significant adverse effects during periods of 

18 concentrated fish and wildlife breeding, denning, 

19 nesting, spawning, and migration based on a prepon20 derance of the best available scientific evidence that 

21 has been peer reviewed and obtained by following 

22 appropriate, documented scientific procedures, the 

23 results of which can be repeated using those same 

24 procedures. 


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1 (3) That exploration activities, except for sur2 face geological studies, be limited to the period be3 tween approximately November 1 and May 1 each 

4 year and that exploration activities shall be sup5 ported, if necessary, by ice roads, winter trails with 

6 adequate snow cover, ice pads, ice airstrips, and air 

7 transport methods, except that such exploration ac8 tivities may occur at other times if the Secretary 

9 finds that such exploration will have no significant 

10 adverse effect on the fish and wildlife, their habitat, 

11 and the environment of the Coastal Plain. 

12 (4) Design safety and construction standards 

13 for all pipelines and any access and service roads, 

14 that— 

15 (A) minimize, to the maximum extent pos16 sible, adverse effects upon the passage of mi17 gratory species such as caribou; and 

18 (B) minimize adverse effects upon the flow 

19 of surface water by requiring the use of cul20 verts, bridges, and other structural devices. 

21 (5) Prohibitions on general public access and 

22 use on all pipeline access and service roads. 

23 (6) Stringent reclamation and rehabilitation re24 quirements, consistent with the standards set forth 

25 in this Act, requiring the removal from the Coastal 


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1 Plain of all oil and gas development and production 

2 facilities, structures, and equipment upon completion 

3 of oil and gas production operations, except that the 

4 Secretary may exempt from the requirements of this 

5 paragraph those facilities, structures, or equipment 

6 that the Secretary determines would assist in the 

7 management of the Arctic National Wildlife Refuge 

8 and that are donated to the United States for that 

9 purpose. 

10 (7) Appropriate prohibitions or restrictions on 

11 access by all modes of transportation. 

12 (8) Appropriate prohibitions or restrictions on 

13 sand and gravel extraction. 

14 (9) Consolidation of facility siting. 

15 (10) Appropriate prohibitions or restrictions on 

16 use of explosives. 

17 (11) Avoidance, to the extent practicable, of 

18 springs, streams, and river systems; the protection 

19 of natural surface drainage patterns, wetlands, and 

20 riparian habitats; and the regulation of methods or 

21 techniques for developing or transporting adequate 

22 supplies of water for exploratory drilling. 

23 (12) Avoidance or minimization of air traffic-re24 lated disturbance to fish and wildlife. 


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1 (13) Treatment and disposal of hazardous and 

2 toxic wastes, solid wastes, reserve pit fluids, drilling 

3 muds and cuttings, and domestic wastewater, includ4 ing an annual waste management report, a haz5 ardous materials tracking system, and a prohibition 

6 on chlorinated solvents, in accordance with applica7 ble Federal and State environmental law. 

8 (14) Fuel storage and oil spill contingency plan9 ning. 

10 (15) Research, monitoring, and reporting re11 quirements. 

12 (16) Field crew environmental briefings. 

13 (17) Avoidance of significant adverse effects 

14 upon subsistence hunting, fishing, and trapping by 

15 subsistence users. 

16 (18) Compliance with applicable air and water 

17 quality standards. 

18 (19) Appropriate seasonal and safety zone des19 ignations around well sites, within which subsistence 

20 hunting and trapping shall be limited. 

21 (20) Reasonable stipulations for protection of 

22 cultural and archeological resources. 

23 (21) All other protective environmental stipula24 tions, restrictions, terms, and conditions deemed 

25 necessary by the Secretary. 


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1 (e) CONSIDERATIONS.—In preparing and promul2 gating regulations, lease terms, conditions, restrictions, 

3 prohibitions, and stipulations under this section, the Sec4 retary shall consider the following: 

5 (1) The stipulations and conditions that govern 

6 the National Petroleum Reserve-Alaska leasing pro7 gram, as set forth in the 1999 Northeast National 

8 Petroleum Reserve-Alaska Final Integrated Activity 

9 Plan/Environmental Impact Statement. 

10 (2) The environmental protection standards 

11 that governed the initial Coastal Plain seismic explo12 ration program under parts 37.31 to 37.33 of title 

13 50, Code of Federal Regulations. 

14 (3) The land use stipulations for exploratory 

15 drilling on the KIC–ASRC private lands that are set 

16 forth in appendix 2 of the August 9, 1983, agree17 ment between Arctic Slope Regional Corporation and 

18 the United States. 

19 (f) FACILITY CONSOLIDATION PLANNING.— 

20 (1) IN GENERAL.—The Secretary shall, after 

21 providing for public notice and comment, prepare 

22 and update periodically a plan to govern, guide, and 

23 direct the siting and construction of facilities for the 

24 exploration, development, production, and transpor25 tation of Coastal Plain oil and gas resources. 


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1 (2) OBJECTIVES.—The plan shall have the fol2 lowing objectives: 

3 (A) Avoiding unnecessary duplication of fa4 cilities and activities. 

5 (B) Encouraging consolidation of common 

6 facilities and activities. 

7 (C) Locating or confining facilities and ac8 tivities to areas that will minimize impact on 

9 fish and wildlife, their habitat, and the environ10 ment. 

11 (D) Utilizing existing facilities wherever 

12 practicable. 

13 (E) Enhancing compatibility between wild14 life values and development activities. 

15 (g) ACCESS TO PUBLIC LANDS.—The Secretary 

16 shall— 

17 (1) manage public lands in the Coastal Plain 

18 subject to of section 811 of the Alaska National In19 terest Lands Conservation Act (16 U.S.C. 3121); 

20 and 

21 (2) ensure that local residents shall have rea22 sonable access to public lands in the Coastal Plain 

23 for traditional uses. 

24 SEC. 8. EXPEDITED JUDICIAL REVIEW. 

25 (a) FILING OF COMPLAINT.— 


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1 (1) DEADLINE.—Subject to paragraph (2), any 

2 complaint seeking judicial review— 

3 (A) of any provision of this Act shall be 

4 filed by not later than 1 year after the date of 

5 enactment of this Act; or 

6 (B) of any action of the Secretary under 

7 this Act shall be filed— 

8 (i) except as provided in clause (ii), 

9 within the 90-day period beginning on the 

10 date of the action being challenged; or 

11 (ii) in the case of a complaint based 

12 solely on grounds arising after such period, 

13 within 90 days after the complainant knew 

14 or reasonably should have known of the 

15 grounds for the complaint. 

16 (2) VENUE.—Any complaint seeking judicial re17 view of any provision of this Act or any action of the 

18 Secretary under this Act may be filed only in the 

19 United States Court of Appeals for the District of 

20 Columbia. 

21 (3) LIMITATION ON SCOPE OF CERTAIN RE22 VIEW.—Judicial review of a Secretarial decision to 

23 conduct a lease sale under this Act, including the en24 vironmental analysis thereof, shall be limited to 

25 whether the Secretary has complied with this Act 


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1 and shall be based upon the administrative record of 

2 that decision. The Secretary’s identification of a pre3 ferred course of action to enable leasing to proceed 

4 and the Secretary’s analysis of environmental effects 

5 under this Act shall be presumed to be correct un6 less shown otherwise by clear and convincing evi7 dence to the contrary. 

8 (b) LIMITATION ON OTHER REVIEW.—Actions of the 

9 Secretary with respect to which review could have been 

10 obtained under this section shall not be subject to judicial 

11 review in any civil or criminal proceeding for enforcement. 

12 (c) LIMITATION ON ATTORNEYS’ FEES AND COURT

13 COSTS.—No person seeking judicial review of any action 

14 under this Act shall receive payment from the Federal 

15 Government for their attorneys’ fees and other court costs, 

16 including under any provision of law enacted by the Equal 

17 Access to Justice Act (5 U.S.C. 504 note). 

18 SEC. 9. TREATMENT OF REVENUES. 

19 Notwithstanding any other provision of law, 50 per20 cent of the amount of bonus, rental, and royalty revenues 

21 from Federal oil and gas leasing and operations author22 ized under this Act shall be deposited in the Treasury. 

23 SEC. 10. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 

24 (a) IN GENERAL.—The Secretary shall issue rights25 of-way and easements across the Coastal Plain for the 


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1 transportation of oil and gas produced under leases under 

2 this Act— 

3 (1) except as provided in paragraph (2), under 

4 section 28 of the Mineral Leasing Act (30 U.S.C. 

5 185), without regard to title XI of the Alaska Na6 tional Interest Lands Conservation Act (16 U.S.C. 

7 3161 et seq.); and 

8 (2) under title XI of the Alaska National Inter9 est Lands Conservation Act (30 U.S.C. 3161 et 

10 seq.), for access authorized by sections 1110 and 

11 1111 of that Act (16 U.S.C. 3170 and 3171). 

12 (b) TERMS AND CONDITIONS.—The Secretary shall 

13 include in any right-of-way or easement issued under sub14 section (a) such terms and conditions as may be necessary 

15 to ensure that transportation of oil and gas does not result 

16 in a significant adverse effect on the fish and wildlife, sub17 sistence resources, their habitat, and the environment of 

18 the Coastal Plain, including requirements that facilities be 

19 sited or designed so as to avoid unnecessary duplication 

20 of roads and pipelines. 

21 (c) REGULATIONS.—The Secretary shall include in 

22 regulations under section 3(g) provisions granting rights23 of-way and easements described in subsection (a) of this 

24 section. 


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1 SEC. 11. CONVEYANCE. 

2 In order to maximize Federal revenues by removing 

3 clouds on title to lands and clarifying land ownership pat4 terns within the Coastal Plain, the Secretary, notwith5 standing section 1302(h)(2) of the Alaska National Inter6 est Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 

7 convey— 

8 (1) to the Kaktovik Inupiat Corporation the 

9 surface estate of the lands described in paragraph 1 

10 of Public Land Order 6959, to the extent necessary 

11 to fulfill the Corporation’s entitlement under sec12 tions 12 and 14 of the Alaska Native Claims Settle13 ment Act (43 U.S.C. 1611 and 1613) in accordance 

14 with the terms and conditions of the Agreement be15 tween the Department of the Interior, the United 

16 States Fish and Wildlife Service, the Bureau of 

17 Land Management, and the Kaktovik Inupiat Cor18 poration dated January 22, 1993; and 

19 (2) to the Arctic Slope Regional Corporation 

20 the remaining subsurface estate to which it is enti21 tled pursuant to the August 9, 1983, agreement be22 tween the Arctic Slope Regional Corporation and the 

23 United States of America. 

Æ 


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