II 

109TH CONGRESS 

1ST SESSION S. 1891 

To authorize the leasing, development, production, and economically feasible 

and prudent transportation of oil and gas in and from the Coastal 

Plain, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 19, 2005 

Ms. MURKOWSKI (for herself, Mr. STEVENS, Mr. AKAKA, and Mr. INOUYE) 

introduced the following bill; which was read twice and referred to the 

Committee on Energy and Natural Resources 

A BILL 

To authorize the leasing, development, production, and economically feasible and prudent transportation of oil and 

gas in and from the Coastal Plain, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Arctic Coastal Plain 

5 Domestic Energy Security Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
2 

•S 1891 IS

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

2 Plain’’ means that area identified as the ‘‘1002 

3 Coastal Plain Area’’ on the map. 

4 (2) FEDERAL AGREEMENT.—The term ‘‘Fed5 eral Agreement’’ means the Federal Agreement and 

6 Grant Right-of-Way for the Trans-Alaska Pipeline 

7 issued on January 23, 1974, in accordance with sec8 tion 28 of the Mineral Leasing Act (30 U.S.C. 185) 

9 and the Trans-Alaska Pipeline Authorization Act 

10 (43 U.S.C. 1651 et seq.). 

11 (3) FINAL STATEMENT.—The term ‘‘Final 

12 Statement’’ means the final legislative environmental 

13 impact statement on the Coastal Plain, dated April 

14 1987, and prepared pursuant to section 1002 of the 

15 Alaska National Interest Lands Conservation Act 

16 (16 U.S.C. 3142) and section 102(2)(C) of the Na17 tional Environmental Policy Act of 1969 (42 U.S.C. 

18 4332(2)(C)). 

19 (4) MAP.—The term ‘‘map’’ means the map en20 titled ‘‘Arctic National Wildlife Refuge’’, dated Sep21 tember 2005, and prepared by the United States Ge22 ological Survey. 

23 (5) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior (or the designee of the 

25 Secretary), acting through the Director of the Bu-
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•S 1891 IS

1 reau of Land Management in consultation with the 

2 Director of the United States Fish and Wildlife 

3 Service and in coordination with a State coordinator 

4 appointed by the Governor of the State of Alaska. 

5 SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE COAST6 AL PLAIN. 

7 (a) IN GENERAL.— 

8 (1) AUTHORIZATION.—Congress authorizes the 

9 leasing, development, production, and economically 

10 feasible and prudent transportation of oil and gas in 

11 and from the Coastal Plain. 

12 (2) ACTIONS.—The Secretary shall take such 

13 actions as are necessary— 

14 (A) to establish and implement, in accord15 ance with this Act, a competitive oil and gas 

16 leasing program that will result in an environ17 mentally sound program for the exploration, de18 velopment, and production of the oil and gas re19 sources of the Coastal Plain while taking into 

20 consideration the interests and concerns of resi21 dents of the Coastal Plain, which is the home22 land of the Kaktovikmiut Inupiat; and 

23 (B) to administer this Act through regula24 tions, lease terms, conditions, restrictions, pro-
4 

•S 1891 IS

1 hibitions, stipulations, and other provisions 

2 that— 

3 (i) ensure the oil and gas exploration, 

4 development, and production activities on 

5 the Coastal Plain will result in no signifi6 cant adverse effect on fish and wildlife, 

7 their habitat, subsistence resources, and 

8 the environment; and 

9 (ii) require the application of the best 

10 commercially available technology for oil 

11 and gas exploration, development, and pro12 duction to all exploration, development, 

13 and production operations under this Act 

14 in a manner that ensures the receipt of 

15 fair market value by the public for the 

16 mineral resources to be leased. 

17 (b) REPEAL.— 

18 (1) REPEAL.—Section 1003 of the Alaska Na19 tional Interest Lands Conservation Act (16 U.S.C. 

20 3143) is repealed. 

21 (2) CONFORMING AMENDMENT.—The table of 

22 contents contained in section 1 of that Act (16 

23 U.S.C. 3101 note) is amended by striking the item 

24 relating to section 1003. 
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•S 1891 IS

1 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER2 TAIN OTHER LAWS.— 

3 (1) COMPATIBILITY.—For purposes of the Na4 tional Wildlife Refuge System Administration Act of 

5 1966 (16 U.S.C. 668dd et seq.)— 

6 (A) the oil and gas leasing program and 

7 activities authorized by this section in the 

8 Coastal Plain shall be considered to be compat9 ible with the purposes for which the Arctic Na10 tional Wildlife Refuge was established; and 

11 (B) no further findings or decisions shall 

12 be required to implement that program and 

13 those activities. 

14 (2) ADEQUACY OF THE DEPARTMENT OF THE

15 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

16 STATEMENT.—The Final Statement shall be consid17 ered to satisfy the requirements under the National 

18 Environmental Policy Act of 1969 (42 U.S.C. 4321 

19 et seq.) that apply with respect to prelease activities, 

20 including actions authorized to be taken by the Sec21 retary to develop and promulgate the regulations for 

22 the establishment of a leasing program authorized 

23 by this Act before the conduct of the first lease sale. 

24 (3) COMPLIANCE WITH NEPA FOR OTHER AC25 TIONS.— 
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•S 1891 IS

1 (A) IN GENERAL.—Before conducting the 

2 first lease sale under this Act, the Secretary 

3 shall prepare an environmental impact state4 ment in accordance with the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et 

6 seq.) with respect to the actions authorized by 

7 this Act that are not referred to in paragraph 

8 (2). 

9 (B) IDENTIFICATION AND ANALYSIS.— 

10 Notwithstanding any other provision of law, in 

11 carrying out this paragraph, the Secretary shall 

12 not be required— 

13 (i) to identify nonleasing alternative 

14 courses of action; or 

15 (ii) to analyze the environmental ef16 fects of those courses of action. 

17 (C) IDENTIFICATION OF PREFERRED AC18 TION.—Not later than 18 months after the date 

19 of enactment of this Act, the Secretary shall— 

20 (i) identify only a preferred action and 

21 a single leasing alternative for the first 

22 lease sale authorized under this Act; and 

23 (ii) analyze the environmental effects 

24 and potential mitigation measures for 

25 those 2 alternatives. 
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•S 1891 IS

1 (D) PUBLIC COMMENTS.—In carrying out 

2 this paragraph, the Secretary shall consider 

3 only public comments that specifically address 

4 the preferred action of the Secretary that are 

5 filed not later than 20 days after the date of 

6 publication of an environmental analysis. 

7 (E) EFFECT OF COMPLIANCE.—Notwith8 standing any other provision of law, compliance 

9 with this paragraph shall be considered to sat10 isfy all requirements for the analysis and con11 sideration of the environmental effects of pro12 posed leasing under this Act. 

13 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR14 ITY.—Nothing in this Act expands or limits any State or 

15 local regulatory authority. 

16 (e) SPECIAL AREAS.— 

17 (1) DESIGNATION.— 

18 (A) IN GENERAL.—The Secretary, after 

19 consultation with the State of Alaska, the City 

20 of Kaktovik, Alaska, and the North Slope Bor21 ough, Alaska, may designate not more than 

22 45,000 acres of the Coastal Plain as a special 

23 area if the Secretary determines that the special 

24 area would be of such unique character and in-
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•S 1891 IS

1 terest as to require special management and 

2 regulatory protection. 

3 (B) SADLEROCHIT SPRING AREA.—The 

4 Secretary shall designate as a special area in 

5 accordance with subparagraph (A) the 

6 Sadlerochit Spring area, comprising approxi7 mately 4,000 acres as depicted on the map. 

8 (2) MANAGEMENT.—The Secretary shall man9 age each special area designated under this sub10 section in a manner that— 

11 (A) respects and protects the Native people 

12 of the area; and 

13 (B) preserves the unique and diverse char14 acter of the area, including fish, wildlife, sub15 sistence resources, and cultural values of the 

16 area. 

17 (3) EXCLUSION FROM LEASING OR SURFACE

18 OCCUPANCY.— 

19 (A) IN GENERAL.—The Secretary may ex20 clude any special area designated under this 

21 subsection from leasing. 

22 (B) NO SURFACE OCCUPANCY.—If the Sec23 retary leases all or a portion of a special area 

24 for the purposes of oil and gas exploration, de25 velopment, production, and related activities, 
9 

•S 1891 IS

1 there shall be no surface occupancy of the land 

2 comprising the special area. 

3 (4) DIRECTIONAL DRILLING.—Notwithstanding 

4 any other provision of this subsection, the Secretary 

5 may lease all or a portion of a special area under 

6 terms that permit the use of horizontal drilling tech7 nology from sites on leases located outside the spe8 cial area. 

9 (f) LIMITATION ON CLOSED AREAS.—The Secretary 

10 may not close land within the Coastal Plain to oil and gas 

11 leasing or to exploration, development, or production ex12 cept in accordance with this Act. 

13 (g) REGULATIONS.— 

14 (1) IN GENERAL.—Not later than 15 months 

15 after the date of enactment of this Act, in consulta16 tion with appropriate agencies of the State of Alas17 ka, the North Slope Borough, Alaska, and the City 

18 of Kaktovik, Alaska (to ensure that impacts on the 

19 residents of the Coastal Plain are considered), the 

20 Secretary shall issue such regulations as are nec21 essary to carry out this Act, including rules and reg22 ulations relating to protection of the fish and wild23 life, fish and wildlife habitat, subsistence resources, 

24 and environment of the Coastal Plain. 
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•S 1891 IS

1 (2) REVISION OF REGULATIONS.—The Sec2 retary shall periodically review and, as appropriate, 

3 revise the rules and regulations issued under para4 graph (1) to reflect any significant biological, envi5 ronmental, or engineering data that come to the at6 tention of the Secretary. 

7 SEC. 4. LEASE SALES. 

8 (a) IN GENERAL.—Land may be leased pursuant to 

9 this Act to any person qualified to obtain a lease for depos10 its of oil and gas under the Mineral Leasing Act (30 

11 U.S.C. 181 et seq.). 

12 (b) PROCEDURES.—The Secretary shall, by regula13 tion, establish procedures for— 

14 (1) receipt and consideration of sealed nomina15 tions for any area in the Coastal Plain for inclusion 

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

17 a lease sale; 

18 (2) the holding of lease sales after that nomina19 tion process; and 

20 (3) public notice of and comment on designa21 tion of areas to be included in, or excluded from, a 

22 lease sale. 

23 (c) LEASE SALE BIDS.—Bidding for leases under 

24 this Act shall be by sealed competitive cash bonus bids. 
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•S 1891 IS

1 (d) ACREAGE MINIMUM IN FIRST SALE.—For the 

2 first lease sale under this Act, the Secretary shall offer 

3 for lease those tracts the Secretary considers to have the 

4 greatest potential for the discovery of hydrocarbons, tak5 ing into consideration nominations received pursuant to 

6 subsection (b)(1), but in no case less than 200,000 acres. 

7 (e) TIMING OF LEASE SALES.—The Secretary 

8 shall— 

9 (1) not later than 22 months after the date of 

10 enactment of this Act, conduct the first lease sale 

11 under this Act; 

12 (2) not later than September 30, 2010, conduct 

13 a second lease sale under this Act; and 

14 (3) conduct additional sales at appropriate in15 tervals if, as determined by the Secretary, sufficient 

16 interest in development exists to warrant the con17 duct of the additional sales. 

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

19 (a) IN GENERAL.—Upon payment by a lessee of such 

20 bonus as may be accepted by the Secretary, the Secretary 

21 may grant to the highest responsible qualified bidder in 

22 a lease sale conducted pursuant to section 4 a lease for 

23 any land on the Coastal Plain. 

24 (b) SUBSEQUENT TRANSFERS.— 
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•S 1891 IS

1 (1) IN GENERAL.—No lease issued under this 

2 Act may be sold, exchanged, assigned, sublet, or oth3 erwise transferred except with the approval of the 

4 Secretary. 

5 (2) CONDITION FOR APPROVAL.—Before grant6 ing any approval described in paragraph (1), the 

7 Secretary shall consult with, and give due consider8 ation to the opinion of, the Attorney General. 

9 SEC. 6. LEASE TERMS AND CONDITIONS. 

10 (a) IN GENERAL.—An oil or gas lease issued pursu11 ant to this Act shall— 

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

less than 121 13 ⁄2 percent of the amount or value of the 

14 production removed or sold from the lease, as deter15 mined by the Secretary in accordance with regula16 tions applicable to other Federal oil and gas leases; 

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

18 seasonal basis, such portions of the Coastal Plain to 

19 exploratory drilling activities as are necessary to 

20 protect caribou calving areas and other species of 

21 fish and wildlife; 

22 (3) require that each lessee of land within the 

23 Coastal Plain shall be fully responsible and liable for 

24 the reclamation of land within the Coastal Plain and 

25 any other Federal land that is adversely affected in 
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•S 1891 IS

1 connection with exploration, development, produc2 tion, or transportation activities conducted under the 

3 lease and within the Coastal Plain by the lessee or 

4 by any of the subcontractors or agents of the lessee; 

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

6 convey, by contract or otherwise, that reclamation 

7 responsibility and liability to another person without 

8 the express written approval of the Secretary; 

9 (5) provide that the standard of reclamation for 

10 land required to be reclaimed under this Act shall 

11 be, to the maximum extent practicable— 

12 (A) a condition capable of supporting the 

13 uses that the land was capable of supporting 

14 prior to any exploration, development, or pro15 duction activities; or 

16 (B) upon application by the lessee, to a 

17 higher or better standard, as approved by the 

18 Secretary; 

19 (6) contain terms and conditions relating to 

20 protection of fish and wildlife, fish and wildlife habi21 tat, subsistence resources, and the environment as 

22 required under section 3(a)(2); 

23 (7) provide that each lessee, and each agent 

24 and contractor of a lessee, use their best efforts to 

25 provide a fair share of employment and contracting 
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•S 1891 IS

1 for Alaska Natives and Alaska Native Corporations 

2 from throughout the State, as determined by the 

3 level of obligation previously agreed to in the Fed4 eral Agreement; and 

5 (8) contain such other provisions as the Sec6 retary determines to be necessary to ensure compli7 ance with this Act and regulations issued under this 

8 Act. 

9 (b) PROJECT LABOR AGREEMENTS.—The Secretary, 

10 as a term and condition of each lease under this Act, and 

11 in recognizing the proprietary interest of the Federal Gov12 ernment in labor stability and in the ability of construction 

13 labor and management to meet the particular needs and 

14 conditions of projects to be developed under the leases 

15 issued pursuant to this Act (including the special concerns 

16 of the parties to those leases), shall require that each les17 see, and each agent and contractor of a lessee, under this 

18 Act negotiate to obtain a project labor agreement for the 

19 employment of laborers and mechanics on production, 

20 maintenance, and construction under the lease. 

21 SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

22 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

23 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

24 In accordance with section 3, the Secretary shall admin25 ister this Act through regulations, lease terms, conditions, 
15 

•S 1891 IS

1 restrictions, prohibitions, stipulations, and other provi2 sions that— 

3 (1) ensure, to the maximum extent practicable, 

4 that oil and gas exploration, development, and pro5 duction activities on the Coastal Plain will result in 

6 no significant adverse effect on fish and wildlife, fish 

7 and wildlife habitat, and the environment; 

8 (2) require the application of the best commer9 cially available technology for oil and gas explo10 ration, development, and production on all new ex11 ploration, development, and production operations; 

12 and 

13 (3) ensure, to the maximum extent practicable, 

14 that the maximum surface acreage covered in con15 nection with the leasing program by production and 

16 support facilities, including airstrips and any areas 

17 covered by gravel berms or piers for support of pipe18 lines, does not exceed 2,000 acres on the Coastal 

19 Plain. 

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

21 The Secretary shall require, with respect to any proposed 

22 drilling and related activities on the Coastal Plain, that— 

23 (1) a site-specific analysis be made of the prob24 able effects, if any, that the drilling or related activi25 ties will have on fish and wildlife, fish and wildlife 
16 

•S 1891 IS

1 habitat, subsistence resources, subsistence uses, and 

2 the environment; 

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

4 and mitigate (in that order and to the maximum ex5 tent practicable) any significant adverse effect iden6 tified under paragraph (1); and 

7 (3) the development of the plan occur after con8 sultation with— 

9 (A) each agency having jurisdiction over 

10 matters mitigated by the plan; 

11 (B) the State of Alaska; 

12 (C) the City of Kaktovik, Alaska; and 

13 (D) North Slope Borough, Alaska. 

14 (c) REGULATIONS TO PROTECT COASTAL PLAIN

15 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

16 AND THE ENVIRONMENT.—Before implementing the leas17 ing program authorized by this Act, the Secretary shall 

18 prepare and issue regulations, lease terms, conditions, re19 strictions, prohibitions, stipulations, and other measures 

20 designed to ensure, to the maximum extent practicable, 

21 that the activities carried out on the Coastal Plain under 

22 this Act are conducted in a manner consistent with the 

23 purposes and environmental requirements of this Act. 

24 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI25 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 
17 

•S 1891 IS

1 proposed regulations, lease terms, conditions, restrictions, 

2 prohibitions, and stipulations for the leasing program 

3 under this Act shall require— 

4 (1) compliance with all applicable provisions of 

5 Federal and State environmental law (including reg6 ulations); 

7 (2) implementation of and compliance with— 

8 (A) standards that are at least as effective 

9 as the safety and environmental mitigation 

10 measures, as described in items 1 through 29 

11 on pages 167 through 169 of the Final State12 ment, on the Coastal Plain; 

13 (B) seasonal limitations on exploration, de14 velopment, and related activities, as necessary, 

15 to avoid significant adverse effects during peri16 ods of concentrated fish and wildlife breeding, 

17 denning, nesting, spawning, and migration; 

18 (C) design safety and construction stand19 ards for all pipelines and any access and service 

20 roads that minimize, to the maximum extent 

21 practicable, adverse effects on— 

22 (i) the passage of migratory species 

23 (such as caribou); and 
18 

•S 1891 IS

1 (ii) the flow of surface water by re2 quiring the use of culverts, bridges, and 

3 other structural devices; 

4 (D) prohibitions on general public access 

5 to, and use of, all pipeline access and service 

6 roads; 

7 (E) stringent reclamation and rehabilita8 tion requirements in accordance with this Act 

9 for the removal from the Coastal Plain of all oil 

10 and gas development and production facilities, 

11 structures, and equipment on completion of oil 

12 and gas production operations, except in a case 

13 in which the Secretary determines that those 

14 facilities, structures, or equipment— 

15 (i) would assist in the management of 

16 the Arctic National Wildlife Refuge; and 

17 (ii) are donated to the United States 

18 for that purpose; 

19 (F) appropriate prohibitions or restrictions 

20 on— 

21 (i) access by all modes of transpor22 tation; 

23 (ii) sand and gravel extraction; and 

24 (iii) use of explosives; 
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•S 1891 IS

1 (G) reasonable stipulations for protection 

2 of cultural and archaeological resources; 

3 (H) measures to protect groundwater and 

4 surface water, including— 

5 (i) avoidance, to the maximum extent 

6 practicable, of springs, streams, and river 

7 systems; 

8 (ii) the protection of natural surface 

9 drainage patterns, wetland, and riparian 

10 habitats; and 

11 (iii) the regulation of methods or tech12 niques for developing or transporting ade13 quate supplies of water for exploratory 

14 drilling; and 

15 (I) research, monitoring, and reporting re16 quirements; 

17 (3) that exploration activities (except surface 

18 geological studies) be limited to the period between 

19 approximately November 1 and May 1 of each year 

20 and be supported, if necessary, by ice roads, winter 

21 trails with adequate snow cover, ice pads, ice air22 strips, and air transport methods (except that those 

23 exploration activities may be permitted at other 

24 times if the Secretary determines that the explo25 ration will have no significant adverse effect on fish 
20 

•S 1891 IS

1 and wildlife, fish and wildlife habitat, subsistence re2 sources, and the environment of the Coastal Plain); 

3 (4) consolidation of facility siting; 

4 (5) avoidance or reduction of air traffic-related 

5 disturbance to fish and wildlife; 

6 (6) treatment and disposal of hazardous and 

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

8 muds and cuttings, and domestic wastewater, includ9 ing, in accordance with applicable Federal and State 

10 environmental laws (including regulations)— 

11 (A) preparation of an annual waste man12 agement report; 

13 (B) development and implementation of a 

14 hazardous materials tracking system; and 

15 (C) prohibition on the use of chlorinated 

16 solvents; 

17 (7) fuel storage and oil spill contingency plan18 ning; 

19 (8) conduct of periodic field crew environmental 

20 briefings; 

21 (9) avoidance of significant adverse effects on 

22 subsistence hunting, fishing, and trapping; 

23 (10) compliance with applicable air and water 

24 quality standards; 
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•S 1891 IS

1 (11) appropriate seasonal and safety zone des2 ignations around well sites, within which subsistence 

3 hunting and trapping shall be limited; and 

4 (12) development and implementation of such 

5 other protective environmental requirements, restric6 tions, terms, and conditions as the Secretary, after 

7 consultation with the State of Alaska, the City of 

8 Kaktovik, Alaska, and North Slope Borough, Alaska, 

9 determines to be necessary. 

10 (e) CONSIDERATIONS.—In preparing and issuing reg11 ulations, lease terms, conditions, restrictions, prohibitions, 

12 and stipulations under this section, the Secretary shall 

13 take into consideration— 

14 (1) the stipulations and conditions that govern 

15 the National Petroleum Reserve-Alaska leasing pro16 gram, as set forth in the 1999 Northeast National 

17 Petroleum Reserve-Alaska Final Integrated Activity 

18 Plan/Environmental Impact Statement; 

19 (2) the environmental protection standards that 

20 governed the initial Coastal Plain seismic exploration 

21 program under parts 37.31 through 37.33 of title 

22 50, Code of Federal Regulations (or successor regu23 lations); and 

24 (3) the land use stipulations for exploratory 

25 drilling on the KIC–ASRC private land described in 
22 

•S 1891 IS

1 Appendix 2 of the agreement between Arctic Slope 

2 Regional Corporation and the United States dated 

3 August 9, 1983. 

4 (f) FACILITY CONSOLIDATION PLANNING.— 

5 (1) IN GENERAL.—After providing for public 

6 notice and comment, the Secretary shall prepare and 

7 periodically update a plan to govern, guide, and di8 rect the siting and construction of facilities for the 

9 exploration, development, production, and transpor10 tation of oil and gas resources from the Coastal 

11 Plain. 

12 (2) OBJECTIVES.—The objectives of the plan 

13 shall be— 

14 (A) the avoidance of unnecessary duplica15 tion of facilities and activities; 

16 (B) the encouragement of consolidation of 

17 common facilities and activities; 

18 (C) the location or confinement of facilities 

19 and activities to areas that will minimize impact 

20 on fish and wildlife, fish and wildlife habitat, 

21 subsistence resources, and the environment; 

22 (D) the use of existing facilities, to the 

23 maximum extent practicable; and 

24 (E) the enhancement of compatibility be25 tween wildlife values and development activities. 
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•S 1891 IS

1 (g) ACCESS TO PUBLIC LAND.—The Secretary 

2 shall— 

3 (1) manage public land in the Coastal Plain in 

4 accordance with subsections (a) and (b) of section 

5 811 of the Alaska National Interest Lands Con6 servation Act (16 U.S.C. 3121); and 

7 (2) ensure that local residents shall have rea8 sonable access to public land in the Coastal Plain for 

9 traditional uses. 

10 SEC. 8. EXPEDITED JUDICIAL REVIEW. 

11 (a) FILING OF COMPLAINTS.— 

12 (1) DEADLINE.—A complaint seeking judicial 

13 review of a provision of this Act or an action of the 

14 Secretary under this Act shall be filed— 

15 (A) except as provided in subparagraph 

16 (B), during the 90-day period beginning on the 

17 date on which the action being challenged was 

18 carried out; or 

19 (B) in the case of a complaint based solely 

20 on grounds arising after the 90-day period de21 scribed in subparagraph (A), by not later than 

22 90 days after the date on which the complain23 ant knew or reasonably should have known 

24 about the grounds for the complaint. 
24 

•S 1891 IS

1 (2) VENUE.—A complaint seeking judicial re2 view of a provision of this Act or an action of the 

3 Secretary under this Act shall be filed in the United 

4 States Court of Appeals for the District of Colum5 bia. 

6 (3) SCOPE.— 

7 (A) IN GENERAL.—Judicial review of a de8 cision of the Secretary relating to a lease sale 

9 under this Act (including an environmental 

10 analysis of such a lease sale) shall be— 

11 (i) limited to a review of whether the 

12 decision is in accordance with this Act; and 

13 (ii) based on the administrative record 

14 of the decision. 

15 (B) PRESUMPTIONS.—Any identification 

16 by the Secretary of a preferred course of action 

17 relating to a lease sale, and any analysis by the 

18 Secretary of environmental effects, under this 

19 Act shall be presumed to be correct unless prov20 en otherwise by clear and convincing evidence. 

21 (b) LIMITATION ON OTHER REVIEW.—Any action of 

22 the Secretary that is subject to judicial review under this 

23 section shall not be subject to judicial review in any civil 

24 or criminal proceeding for enforcement. 
25 

•S 1891 IS

1 SEC. 9. FEDERAL AND STATE DISTRIBUTION OF REVENUES. 

2 Notwithstanding any other provision of law, of the 

3 amount of adjusted bonus, rental, and royalty revenues 

4 from oil and gas leasing and operations under this Act— 

5 (1) 50 percent shall be paid semiannually to the 

6 State of Alaska; and 

7 (2) the balance of the amount shall be deposited 

8 in accordance with sections 12 and 13. 

9 SEC. 10. RIGHTS-OF-WAY AND EASEMENTS ACROSS COAST10 AL PLAIN. 

11 (a) EXEMPTION.—Sections 1101 through 1108 of the 

12 Alaska National Interest Lands Conservation Act (16 

13 U.S.C. 3161 et seq.) shall not apply to any right-of-way 

14 or easement across the Coastal Plain for the transpor15 tation of oil and gas issued by the Secretary under section 

16 28 of the Mineral Leasing Act (30 U.S.C. 185). 

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

18 include in any right-of-way or easement described in sub19 section (a) such terms and conditions as the Secretary de20 termines to be necessary to ensure that the transportation 

21 of oil or gas does not significantly adversely affect any 

22 fish, wildlife, subsistence resource, or habitat, or the envi23 ronment, of the Coastal Plain, including terms and condi24 tions requiring facilities to be sited or designed to avoid 

25 any unnecessary duplication of roads or pipelines. 
26 

•S 1891 IS

1 (c) REGULATIONS.—In promulgating regulations 

2 pursuant to section 3(g), the Secretary shall include provi3 sions for rights-of-way and easements described in sub4 section (a). 

5 SEC. 11. CONVEYANCE. 

6 Notwithstanding section 1302(h)(2) of the Alaska 

7 National Interest Lands Conservation Act (16 U.S.C. 

8 3192(h)(2)), to remove any impediment on a title to land, 

9 and to clarify land ownership patterns in the Coastal 

10 Plain, the Secretary shall— 

11 (1) to the extent necessary to fulfill the entitle12 ment of the Kaktovik Inupiat Corporation under sec13 tion 12 of the Alaska Native Claims Settlement Act 

14 (43 U.S.C. 1611), as determined by the Secretary, 

15 convey to that Corporation the surface estate of the 

16 land described in paragraph (1) of Public Land 

17 Order 6959, in accordance with the terms and condi18 tions of the agreement between the Secretary, the 

19 United States Fish and Wildlife Service, the Bureau 

20 of Land Management, and the Kaktovik Inupiat 

21 Corporation, dated January 22, 1993; and 

22 (2) convey to the Arctic Slope Regional Cor23 poration the remaining subsurface estate to which 

24 that Corporation is entitled under the agreement be-
27 

•S 1891 IS

1 tween that corporation and the United States, dated 

2 August 9, 1983. 

3 SEC. 12. LOCAL GOVERNMENT IMPACT AID AND COMMU4 NITY SERVICE ASSISTANCE. 

5 (a) ESTABLISHMENT OF FUND.— 

6 (1) IN GENERAL.—There is established in the 

7 Treasury a fund, to be known as the ‘‘Coastal Plain 

8 Local Government Impact Aid Assistance Fund’’ 

9 (referred to in this section as the ‘‘Fund’’). 

10 (2) DEPOSITS.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), the Secretary of the Treasury shall 

13 deposit into the Fund an amount equal to 49 

14 percent of the amount of adjusted bonus, rent15 al, and royalty revenues from oil and gas leas16 ing and operations under this Act. 

17 (B) LIMITATION.—The total amount in the 

18 Fund shall not exceed $15,000,000. 

19 (3) INVESTMENT.—The Secretary of the Treas20 ury shall invest amounts in the Fund in interest21 bearing securities of the United States. 

22 (4) AVAILABILITY OF FUNDS.—Not later than 

23 September 30, 2006, and annually thereafter, the 

24 Secretary of the Treasury shall make available to 
28 

•S 1891 IS

1 the Secretary not less than $7,500,000 to provide 

2 assistance to communities under subsection (b). 

3 (b) ASSISTANCE.—The Secretary, in cooperation with 

4 the Mayor of the North Slope Borough, shall use amounts 

5 in the Fund to provide assistance to the City of Kaktovik, 

6 Alaska, North Slope Borough, Alaska, and any other bor7 ough, municipal subdivision, village, or other community 

8 in the State of Alaska that is directly impacted by an ex9 ploration for, or the production of, oil or gas on the Coast10 al Plain under this Act, as determined by the Secretary. 

11 (c) APPLICATION.— 

12 (1) IN GENERAL.—To receive assistance under 

13 subsection (b), a community described in that sub14 section shall submit to the Secretary, or to the 

15 Mayor of the North Slope Borough, an application 

16 in such time, in such manner, and containing such 

17 information as the Secretary may require. 

18 (2) ACTION BY NORTH SLOPE BOROUGH.—The 

19 Mayor of the North Slope Borough shall submit to 

20 the Secretary each application received under para21 graph (1) as soon as practicable after the date on 

22 which the application is received. 

23 (3) ASSISTANCE OF SECRETARY.—The Sec24 retary shall assist communities in submitting appli-
29 

•S 1891 IS

1 cations under this subsection, to the maximum ex2 tent practicable. 

3 (d) USE OF FUNDS.—A community that receives 

4 funds under subsection (b) may use the funds— 

5 (1) to plan for mitigation, implement a mitiga6 tion plan, or maintain a mitigation project to ad7 dress the potential effects of oil and gas exploration 

8 and development on environmental, social, cultural, 

9 recreational, and subsistence resources of the com10 munity; 

11 (2) to develop, carry out, and maintain— 

12 (A) a project to provide new or expanded 

13 public facilities; or 

14 (B) services to address the needs and prob15 lems associated with the effects described in 

16 paragraph (1), including firefighting, police, 

17 water and waste treatment, first responder, and 

18 other medical services; 

19 (3) to compensate residents of the Coastal 

20 Plain for significant damage to environmental, so21 cial, cultural, recreational, or subsistence resources; 

22 and 

23 (4) in the City of Kaktovik, Alaska— 
30 

•S 1891 IS

1 (A) to develop a mechanism for providing 

2 members of the Kaktovikmiut Inupiat commu3 nity an opportunity to— 

4 (i) monitor development on the Coast5 al Plain; and 

6 (ii) provide information and rec7 ommendations to the Secretary based on 

8 traditional aboriginal knowledge of the nat9 ural resources, flora, fauna, and ecological 

10 processes of the Coastal Plain; and 

11 (B) to establish a local coordination office, 

12 to be managed by the Mayor of the North Slope 

13 Borough, in coordination with the City of 

14 Kaktovik, Alaska— 

15 (i) to coordinate with and advise de16 velopers on local conditions and the history 

17 of areas affected by development; 

18 (ii) to provide to the Committee on 

19 Resources of the House of Representatives 

20 and the Committee on Energy and Natural 

21 Resources of the Senate annual reports on 

22 the status of the coordination between de23 velopers and communities affected by de24 velopment; 
31 

•S 1891 IS

1 (iii) to collect from residents of the 

2 Coastal Plain information regarding the 

3 impacts of development on fish, wildlife, 

4 habitats, subsistence resources, and the en5 vironment of the Coastal Plain; and 

6 (iv) to ensure that the information 

7 collected under clause (iii) is submitted 

8 to— 

9 (I) developers; and 

10 (II) any appropriate Federal 

11 agency. 

Æ