I 

109TH CONGRESS 

2D SESSION H. R. 5429 

To direct the Secretary of the Interior to establish and implement 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 of Alaska, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2006 

Mr. POMBO introduced the following bill; which was referred to the Committee 

on Resources 

A BILL 

To direct the Secretary of the Interior to establish and 

implement 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 of Alaska, 

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 ‘‘American-Made En5 ergy and Good Jobs Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

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

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

6 (2) SECRETARY.—The term ‘‘Secretary’’, except 

7 as otherwise provided, means the Secretary of the 

8 Interior or the Secretary’s designee. 

9 SEC. 3. LEASING PROGRAM FOR LANDS WITHIN THE 

10 COASTAL PLAIN. 

11 (a) IN GENERAL.—The Secretary shall take such ac12 tions as are necessary— 

13 (1) to establish and implement, in accordance 

14 with this Act and acting through the Director of the 

15 Bureau of Land Management in consultation with 

16 the Director of the United States Fish and Wildlife 

17 Service, a competitive oil and gas leasing program 

18 that will result in an environmentally sound program 

19 for the exploration, development, and production of 

20 the oil and gas resources of the Coastal Plain; and 

21 (2) to administer the provisions of this Act 

22 through regulations, lease terms, conditions, restric23 tions, prohibitions, stipulations, and other provisions 

24 that ensure the oil and gas exploration, development, 

25 and production activities on the Coastal Plain will 

26 result in no significant adverse effect on fish and 


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1 wildlife, their habitat, subsistence resources, and the 

2 environment, including, in furtherance of this goal, 

3 by requiring the application of the best commercially 

4 available technology for oil and gas exploration, de5 velopment, and production to all exploration, devel6 opment, and production operations under this Act in 

7 a manner that ensures the receipt of fair market 

8 value by the public for the mineral resources to be 

9 leased. 

10 (b) REPEAL.— 

11 (1) REPEAL.—Section 1003 of the Alaska Na12 tional Interest Lands Conservation Act of 1980 (16 

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

14 (2) CONFORMING AMENDMENT.—The table of 

15 contents in section 1 of such Act is amended by 

16 striking the item relating to section 1003. 

17 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER18 TAIN OTHER LAWS.— 

19 (1) COMPATIBILITY.—For purposes of the Na20 tional Wildlife Refuge System Administration Act of 

21 1966 (16 U.S.C. 668dd et seq.), the oil and gas 

22 leasing program and activities authorized by this 

23 section in the Coastal Plain are deemed to be com24 patible with the purposes for which the Arctic Na25 tional Wildlife Refuge was established, and no furVerDate Aug 31 2005 23:46 May 23, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5429.IH H5429

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1 ther findings or decisions are required to implement 

2 this determination. 

3 (2) ADEQUACY OF THE DEPARTMENT OF THE

4 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

5 STATEMENT.—The ‘‘Final Legislative Environ6 mental Impact Statement’’ (April 1987) on the 

7 Coastal Plain prepared pursuant to section 1002 of 

8 the Alaska National Interest Lands Conservation 

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

10 of the National Environmental Policy Act of 1969 

11 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the re12 quirements under the National Environmental Policy 

13 Act of 1969 that apply with respect to prelease ac14 tivities, including actions authorized to be taken by 

15 the Secretary to develop and promulgate the regula16 tions for the establishment of a leasing program au17 thorized by this Act before the conduct of the first 

18 lease sale. 

19 (3) COMPLIANCE WITH NEPA FOR OTHER AC20 TIONS.—Before conducting the first lease sale under 

21 this Act, the Secretary shall prepare an environ22 mental impact statement under the National Envi23 ronmental Policy Act of 1969 with respect to the ac24 tions authorized by this Act that are not referred to 

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


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1 the Secretary is not required to identify nonleasing 

2 alternative courses of action or to analyze the envi3 ronmental effects of such courses of action. The Sec4 retary shall only identify a preferred action for such 

5 leasing and a single leasing alternative, and analyze 

6 the environmental effects and potential mitigation 

7 measures for those two alternatives. The identifica8 tion of the preferred action and related analysis for 

9 the first lease sale under this Act shall be completed 

10 within 18 months after the date of enactment of this 

11 Act. The Secretary shall only consider public com12 ments that specifically address the Secretary’s pre13 ferred action and that are filed within 20 days after 

14 publication of an environmental analysis. Notwith15 standing any other law, compliance with this para16 graph is deemed to satisfy all requirements for the 

17 analysis and consideration of the environmental ef18 fects of proposed leasing under this Act. 

19 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR20 ITY.—Nothing in this Act shall be considered to expand 

21 or limit State and local regulatory authority. 

22 (e) SPECIAL AREAS.— 

23 (1) IN GENERAL.—The Secretary, after con24 sultation with the State of Alaska, the city of 

25 Kaktovik, and the North Slope Borough, may desVerDate Aug 31 2005 22:19 May 22, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5429.IH H5429

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1 ignate up to a total of 45,000 acres of the Coastal 

2 Plain as a Special Area if the Secretary determines 

3 that the Special Area is of such unique character 

4 and interest so as to require special management 

5 and regulatory protection. The Secretary shall des6 ignate as such a Special Area the Sadlerochit Spring 

7 area, comprising approximately 4,000 acres. 

8 (2) MANAGEMENT.—Each such Special Area 

9 shall be managed so as to protect and preserve the 

10 area’s unique and diverse character including its 

11 fish, wildlife, and subsistence resource values. 

12 (3) EXCLUSION FROM LEASING OR SURFACE

13 OCCUPANCY.—The Secretary may exclude any Spe14 cial Area from leasing. If the Secretary leases a Spe15 cial Area, or any part thereof, for purposes of oil 

16 and gas exploration, development, production, and 

17 related activities, there shall be no surface occu18 pancy of the lands comprising the Special Area. 

19 (4) DIRECTIONAL DRILLING.—Notwithstanding 

20 the other provisions of this subsection, the Secretary 

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

22 terms that permit the use of horizontal drilling tech23 nology from sites on leases located outside the Spe24 cial Area. 


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1 (f) LIMITATION ON CLOSED AREAS.—The Sec2 retary’s sole authority to close lands within the Coastal 

3 Plain to oil and gas leasing and to exploration, develop4 ment, and production is that set forth in this Act. 

5 (g) REGULATIONS.— 

6 (1) IN GENERAL.—The Secretary shall pre7 scribe such regulations as may be necessary to carry 

8 out this Act, including rules and regulations relating 

9 to protection of the fish and wildlife, their habitat, 

10 subsistence resources, and environment of the Coast11 al Plain, by no later than 15 months after the date 

12 of enactment of this Act. 

13 (2) REVISION OF REGULATIONS.—The Sec14 retary shall periodically review and, if appropriate, 

15 revise the rules and regulations issued under sub16 section (a) to reflect any significant biological, envi17 ronmental, or engineering data that come to the Sec18 retary’s attention. 

19 SEC. 4. LEASE SALES. 

20 (a) IN GENERAL.—Lands may be leased pursuant to 

21 this Act to any person qualified to obtain a lease for depos22 its of oil and gas under the Mineral Leasing Act (30 

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

24 (b) PROCEDURES.—The Secretary shall, by regula25 tion, establish procedures for— 


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1 (1) receipt and consideration of sealed nomina2 tions for any area in the Coastal Plain for inclusion 

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

4 a lease sale; 

5 (2) the holding of lease sales after such nomina6 tion process; and 

7 (3) public notice of and comment on designa8 tion of areas to be included in, or excluded from, a 

9 lease sale. 

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

11 this Act shall be by sealed competitive cash bonus bids. 

12 (d) ACREAGE MINIMUM IN FIRST SALE.—In the first 

13 lease sale under this Act, the Secretary shall offer for lease 

14 those tracts the Secretary considers to have the greatest 

15 potential for the discovery of hydrocarbons, taking into 

16 consideration nominations received pursuant to subsection 

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

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

19 shall— 

20 (1) conduct the first lease sale under this Act 

21 within 22 months after the date of the enactment of 

22 this Act; and 

23 (2) conduct additional sales so long as sufficient 

24 interest in development exists to warrant, in the Sec25 retary’s judgment, the conduct of such sales. 


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

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

3 highest responsible qualified bidder in a lease sale con4 ducted pursuant to section 4 any lands to be leased on 

5 the Coastal Plain upon payment by the lessee of such 

6 bonus as may be accepted by the Secretary. 

7 (b) SUBSEQUENT TRANSFERS.—No lease issued 

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

9 or otherwise transferred except with the approval of the 

10 Secretary. Prior to any such approval the Secretary shall 

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

12 the Attorney General. 

13 SEC. 6. LEASE TERMS AND CONDITIONS. 

14 (a) IN GENERAL.—An oil or gas lease issued pursu15 ant to this Act shall— 

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

less than 121 17 ⁄2 percent in amount or value of the 

18 production removed or sold from the lease, as deter19 mined by the Secretary under the regulations appli20 cable to other Federal oil and gas leases; 

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

22 seasonal basis, portions of the Coastal Plain to ex23 ploratory drilling activities as necessary to protect 

24 caribou calving areas and other species of fish and 

25 wildlife; 


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

2 Coastal Plain shall be fully responsible and liable for 

3 the reclamation of lands within the Coastal Plain 

4 and any other Federal lands that are adversely af5 fected in connection with exploration, development, 

6 production, or transportation activities conducted 

7 under the lease and within the Coastal Plain by the 

8 lessee or by any of the subcontractors or agents of 

9 the lessee; 

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

11 convey, by contract or otherwise, the reclamation re12 sponsibility and liability to another person without 

13 the express written approval of the Secretary; 

14 (5) provide that the standard of reclamation for 

15 lands required to be reclaimed under this Act shall 

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

17 supporting the uses which the lands were capable of 

18 supporting prior to any exploration, development, or 

19 production activities, or upon application by the les20 see, to a higher or better use as approved by the 

21 Secretary; 

22 (6) contain terms and conditions relating to 

23 protection of fish and wildlife, their habitat, subsist24 ence resources, and the environment as required 

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


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

2 contractors use best efforts to provide a fair share, 

3 as determined by the level of obligation previously 

4 agreed to in the 1974 agreement implementing sec5 tion 29 of the Federal Agreement and Grant of 

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

7 Pipeline, of employment and contracting for Alaska 

8 Natives and Alaska Native Corporations from 

9 throughout the State; 

10 (8) prohibit the export of oil produced under 

11 the lease; and 

12 (9) contain such other provisions as the Sec13 retary determines necessary to ensure compliance 

14 with the provisions of this Act and the regulations 

15 issued under this Act. 

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

17 as a term and condition of each lease under this Act and 

18 in recognizing the Government’s proprietary interest in 

19 labor stability and in the ability of construction labor and 

20 management to meet the particular needs and conditions 

21 of projects to be developed under the leases issued pursu22 ant to this Act and the special concerns of the parties to 

23 such leases, shall require that the lessee and its agents 

24 and contractors negotiate to obtain a project labor agree25 ment for the employment of laborers and mechanics on 


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1 production, maintenance, and construction under the 

2 lease. 

3 SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

4 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

5 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

6 The Secretary shall, consistent with the requirements of 

7 section 3, administer the provisions of this Act through 

8 regulations, lease terms, conditions, restrictions, prohibi9 tions, stipulations, and other provisions that— 

10 (1) ensure the oil and gas exploration, develop11 ment, and production activities on the Coastal Plain 

12 will result in no significant adverse effect on fish 

13 and wildlife, their habitat, and the environment; 

14 (2) require the application of the best commer15 cially available technology for oil and gas explo16 ration, development, and production on all new ex17 ploration, development, and production operations; 

18 and 

19 (3) ensure that the maximum amount of sur20 face acreage covered by production and support fa21 cilities, including airstrips and any areas covered by 

22 gravel berms or piers for support of pipelines, does 

23 not exceed 2,000 acres on the Coastal Plain. 


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

2 The Secretary shall also require, with respect to any pro3 posed drilling and related activities, that— 

4 (1) a site-specific analysis be made of the prob5 able effects, if any, that the drilling or related activi6 ties will have on fish and wildlife, their habitat, sub7 sistence resources, and the environment; 

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

9 and mitigate (in that order and to the extent prac10 ticable) any significant adverse effect identified 

11 under paragraph (1); and 

12 (3) the development of the plan shall occur 

13 after consultation with the agency or agencies hav14 ing jurisdiction over matters mitigated by the plan. 

15 (c) REGULATIONS TO PROTECT COASTAL PLAIN

16 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

17 AND THE ENVIRONMENT.—Before implementing the leas18 ing program authorized by this Act, the Secretary shall 

19 prepare and promulgate regulations, lease terms, condi20 tions, restrictions, prohibitions, stipulations, and other 

21 measures designed to ensure that the activities undertaken 

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

23 manner consistent with the purposes and environmental 

24 requirements of this Act. 


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1 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI2 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

3 proposed regulations, lease terms, conditions, restrictions, 

4 prohibitions, and stipulations for the leasing program 

5 under this Act shall require compliance with all applicable 

6 provisions of Federal and State environmental law, and 

7 shall also require the following: 

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

9 and environmental mitigation measures set forth in 

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

11 ‘‘Final Legislative Environmental Impact State12 ment’’ (April 1987) on the Coastal Plain. 

13 (2) Seasonal limitations on exploration, develop14 ment, and related activities, where necessary, to 

15 avoid significant adverse effects during periods of 

16 concentrated fish and wildlife breeding, denning, 

17 nesting, spawning, and migration. 

18 (3) That exploration activities, except for sur19 face geological studies, be limited to the period be20 tween approximately November 1 and May 1 each 

21 year and that exploration activities shall be sup22 ported, if necessary, by ice roads, winter trails with 

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

24 transport methods, except that such exploration ac25 tivities may occur at other times if the Secretary 


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1 finds that such exploration will have no significant 

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

3 and the environment of the Coastal Plain. 

4 (4) Design safety and construction standards 

5 for all pipelines and any access and service roads, 

6 that— 

7 (A) minimize, to the maximum extent pos8 sible, adverse effects upon the passage of mi9 gratory species such as caribou; and 

10 (B) minimize adverse effects upon the flow 

11 of surface water by requiring the use of cul12 verts, bridges, and other structural devices. 

13 (5) Prohibitions on general public access and 

14 use on all pipeline access and service roads. 

15 (6) Stringent reclamation and rehabilitation re16 quirements, consistent with the standards set forth 

17 in this Act, requiring the removal from the Coastal 

18 Plain of all oil and gas development and production 

19 facilities, structures, and equipment upon completion 

20 of oil and gas production operations, except that the 

21 Secretary may exempt from the requirements of this 

22 paragraph those facilities, structures, or equipment 

23 that the Secretary determines would assist in the 

24 management of the Arctic National Wildlife Refuge 


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1 and that are donated to the United States for that 

2 purpose. 

3 (7) Appropriate prohibitions or restrictions on 

4 access by all modes of transportation. 

5 (8) Appropriate prohibitions or restrictions on 

6 sand and gravel extraction. 

7 (9) Consolidation of facility siting. 

8 (10) Appropriate prohibitions or restrictions on 

9 use of explosives. 

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

11 springs, streams, and river system; the protection of 

12 natural surface drainage patterns, wetlands, and ri13 parian habitats; and the regulation of methods or 

14 techniques for developing or transporting adequate 

15 supplies of water for exploratory drilling. 

16 (12) Avoidance or minimization of air traffic-re17 lated disturbance to fish and wildlife. 

18 (13) Treatment and disposal of hazardous and 

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

20 muds and cuttings, and domestic wastewater, includ21 ing an annual waste management report, a haz22 ardous materials tracking system, and a prohibition 

23 on chlorinated solvents, in accordance with applica24 ble Federal and State environmental law. 


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1 (14) Fuel storage and oil spill contingency plan2 ning. 

3 (15) Research, monitoring, and reporting re4 quirements. 

5 (16) Field crew environmental briefings. 

6 (17) Avoidance of significant adverse effects 

7 upon subsistence hunting, fishing, and trapping by 

8 subsistence users. 

9 (18) Compliance with applicable air and water 

10 quality standards. 

11 (19) Appropriate seasonal and safety zone des12 ignations around well sites, within which subsistence 

13 hunting and trapping shall be limited. 

14 (20) Reasonable stipulations for protection of 

15 cultural and archeological resources. 

16 (21) All other protective environmental stipula17 tions, restrictions, terms, and conditions deemed 

18 necessary by the Secretary. 

19 (e) CONSIDERATIONS.—In preparing and promul20 gating regulations, lease terms, conditions, restrictions, 

21 prohibitions, and stipulations under this section, the Sec22 retary shall consider the following: 

23 (1) The stipulations and conditions that govern 

24 the National Petroleum Reserve-Alaska leasing pro25 gram, as set forth in the 1999 Northeast National 


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1 Petroleum Reserve-Alaska Final Integrated Activity 

2 Plan/Environmental Impact Statement. 

3 (2) The environmental protection standards 

4 that governed the initial Coastal Plain seismic explo5 ration program under parts 37.31 to 37.33 of title 

6 50, Code of Federal Regulations. 

7 (3) The land use stipulations for exploratory 

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

9 forth in Appendix 2 of the August 9, 1983, agree10 ment between Arctic Slope Regional Corporation and 

11 the United States. 

12 (f) FACILITY CONSOLIDATION PLANNING.— 

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

14 providing for public notice and comment, prepare 

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

16 direct the siting and construction of facilities for the 

17 exploration, development, production, and transpor18 tation of Coastal Plain oil and gas resources. 

19 (2) OBJECTIVES.—The plan shall have the fol20 lowing objectives: 

21 (A) Avoiding unnecessary duplication of fa22 cilities and activities. 

23 (B) Encouraging consolidation of common 

24 facilities and activities. 


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1 (C) Locating or confining facilities and ac2 tivities to areas that will minimize impact on 

3 fish and wildlife, their habitat, and the environ4 ment. 

5 (D) Utilizing existing facilities wherever 

6 practicable. 

7 (E) Enhancing compatibility between wild8 life values and development activities. 

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

10 shall— 

11 (1) manage public lands in the Coastal Plain 

12 subject to subsections (a) and (b) of section 811 of 

13 the Alaska National Interest Lands Conservation 

14 Act (16 U.S.C. 3121); and 

15 (2) ensure that local residents shall have rea16 sonable access to public lands in the Coastal Plain 

17 for traditional uses. 

18 SEC. 8. EXPEDITED JUDICIAL REVIEW. 

19 (a) FILING OF COMPLAINT.— 

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

21 complaint seeking judicial review of any provision of 

22 this Act or any action of the Secretary under this 

23 Act shall be filed— 


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1 (A) except as provided in subparagraph 

2 (B), within the 90-day period beginning on the 

3 date of the action being challenged; or 

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

5 on grounds arising after such period, within 90 

6 days after the complainant knew or reasonably 

7 should have known of the grounds for the com8 plaint. 

9 (2) VENUE.—Any complaint seeking judicial re10 view of any provision of this Act or any action of the 

11 Secretary under this Act may be filed only in the 

12 United States Court of Appeals for the District of 

13 Columbia. 

14 (3) LIMITATION ON SCOPE OF CERTAIN RE15 VIEW.—Judicial review of a Secretarial decision to 

16 conduct a lease sale under this Act, including the en17 vironmental analysis thereof, shall be limited to 

18 whether the Secretary has complied with the terms 

19 of this Act and shall be based upon the administra20 tive record of that decision. The Secretary’s identi21 fication of a preferred course of action to enable 

22 leasing to proceed and the Secretary’s analysis of 

23 environmental effects under this Act shall be pre24 sumed to be correct unless shown otherwise by clear 

25 and convincing evidence to the contrary. 


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

2 Secretary with respect to which review could have been 

3 obtained under this section shall not be subject to judicial 

4 review in any civil or criminal proceeding for enforcement. 

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

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, of the amount of adjusted bonus, rental, and 

8 royalty revenues from Federal oil and gas leasing and op9 erations authorized under this Act— 

10 (1) 50 percent shall be paid to the State of 

11 Alaska; and 

12 (2) except as provided in section 12(d), the bal13 ance shall be deposited into the Treasury as mis14 cellaneous receipts. 

15 (b) PAYMENTS TO ALASKA.—Payments to the State 

16 of Alaska under this section shall be made semiannually. 

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

18 (a) IN GENERAL.—The Secretary shall issue rights19 of-way and easements across the Coastal Plain for the 

20 transportation of oil and gas— 

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

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

23 185), without regard to title XI of the Alaska Na24 tional Interest Lands Conservation Act (30 U.S.C. 

25 3161 et seq.); and 


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1 (2) under title XI of the Alaska National Inter2 est Lands Conservation Act (30 U.S.C. 3161 et 

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

4 1111 of that Act (16 U.S.C. 3170 and 3171). 

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

6 include in any right-of-way or easement issued under sub7 section (a) such terms and conditions as may be necessary 

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

9 in a significant adverse effect on the fish and wildlife, sub10 sistence resources, their habitat, and the environment of 

11 the Coastal Plain, including requirements that facilities be 

12 sited or designed so as to avoid unnecessary duplication 

13 of roads and pipelines. 

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

15 regulations under section 3(g) provisions granting rights16 of-way and easements described in subsection (a) of this 

17 section. 

18 SEC. 11. CONVEYANCE. 

19 In order to maximize Federal revenues by removing 

20 clouds on title to lands and clarifying land ownership pat21 terns within the Coastal Plain, the Secretary, notwith22 standing the provisions of section 1302(h)(2) of the Alas23 ka National Interest Lands Conservation Act (16 U.S.C. 

24 3192(h)(2)), shall convey— 


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1 (1) to the Kaktovik Inupiat Corporation the 

2 surface estate of the lands described in paragraph 1 

3 of Public Land Order 6959, to the extent necessary 

4 to fulfill the Corporation’s entitlement under sec5 tions 12 and 14 of the Alaska Native Claims Settle6 ment Act (43 U.S.C. 1611 and 1613) in accordance 

7 with the terms and conditions of the Agreement be8 tween the Department of the Interior, the United 

9 States Fish and Wildlife Service, the Bureau of 

10 Land Management, and the Kaktovik Inupiat Cor11 poration effective January 22, 1993; and 

12 (2) to the Arctic Slope Regional Corporation 

13 the remaining subsurface estate to which it is enti14 tled pursuant to the August 9, 1983, agreement be15 tween the Arctic Slope Regional Corporation and the 

16 United States of America. 

17 SEC. 12. LOCAL GOVERNMENT IMPACT AID AND COMMU18 NITY SERVICE ASSISTANCE. 

19 (a) FINANCIAL ASSISTANCE AUTHORIZED.— 

20 (1) IN GENERAL.—The Secretary may use 

21 amounts available from the Coastal Plain Local Gov22 ernment Impact Aid Assistance Fund established by 

23 subsection (d) to provide timely financial assistance 

24 to entities that are eligible under paragraph (2) and 

25 that are directly impacted by the exploration for or 


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1 production of oil and gas on the Coastal Plain under 

2 this Act. 

3 (2) ELIGIBLE ENTITIES.—The North Slope 

4 Borough, the City of Kaktovik, and any other bor5 ough, municipal subdivision, village, or other com6 munity in the State of Alaska that is directly im7 pacted by exploration for, or the production of, oil 

8 or gas on the Coastal Plain under this Act, as deter9 mined by the Secretary, shall be eligible for financial 

10 assistance under this section. 

11 (b) USE OF ASSISTANCE.—Financial assistance 

12 under this section may be used only for— 

13 (1) planning for mitigation of the potential ef14 fects of oil and gas exploration and development on 

15 environmental, social, cultural, recreational, and sub16 sistence values; 

17 (2) implementing mitigation plans and main18 taining mitigation projects; 

19 (3) developing, carrying out, and maintaining 

20 projects and programs that provide new or expanded 

21 public facilities and services to address needs and 

22 problems associated with such effects, including fire23 fighting, police, water, waste treatment, medivac, 

24 and medical services; and 


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1 (4) establishment of a coordination office, by 

2 the north slope borough, in the city of kaktovik, 

3 which shall— 

4 (A) coordinate with and advise developers 

5 on local conditions, impact, and history of the 

6 areas utilized for development; and 

7 (B) provide to the Committee on Resources 

8 of the House of Representatives and the Com9 mittee on Energy and Natural Resources of the 

10 Senate an annual report on the status of co11 ordination between developers and the commu12 nities affected by development. 

13 (c) APPLICATION.— 

14 (1) IN GENERAL.—Any community that is eligi15 ble for assistance under this section may submit an 

16 application for such assistance to the Secretary, in 

17 such form and under such procedures as the Sec18 retary may prescribe by regulation. 

19 (2) NORTH SLOPE BOROUGH COMMUNITIES.—A 

20 community located in the North Slope Borough may 

21 apply for assistance under this section either directly 

22 to the Secretary or through the North Slope Bor23 ough 

24 (3) APPLICATION ASSISTANCE.—The Secretary 

25 shall work closely with and assist the North Slope 


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•HR 5429 IH

1 Borough and other communities eligible for assist2 ance under this section in developing and submitting 

3 applications for assistance under this section. 

4 (d) ESTABLISHMENT OF FUND.— 

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

6 Treasury the Coastal Plain Local Government Im7 pact Aid Assistance Fund. 

8 (2) USE.—Amounts in the fund may be used 

9 only for providing financial assistance under this 

10 section. 

11 (3) DEPOSITS.—Subject to paragraph (4), there 

12 shall be deposited into the fund amounts received by 

13 the United States as revenues derived from rents, 

14 bonuses, and royalties from Federal leases and lease 

15 sales authorized under this Act. 

16 (4) LIMITATION ON DEPOSITS.—The total 

17 amount in the fund may not exceed $11,000,000. 

18 (5) INVESTMENT OF BALANCES.—The Sec19 retary of the Treasury shall invest amounts in the 

20 fund in interest bearing government securities. 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—To pro22 vide financial assistance under this section there is author23 ized to be appropriated to the Secretary from the Coastal 


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•HR 5429 IH

1 Plain Local Government Impact Aid Assistance Fund 

2 $5,000,000 for each fiscal year. 

Æ 


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