510 
Third Circuit, the United States Court of Appeals for the 
Federal Circuit, and the Supreme Court of the United 
States. 
SEC. 5205. EFFECTIVE DATE. 
Except as provided in section 5204(s), this subtitle 
and the amendments made by this subtitle shall take effect 
on the date of the enactment of this Act. 
Subtitle C—Bankruptcy 
Judgeships 
SEC. 5301. SHORT TITLE. 
This subtitle may be cited as the ‘‘Enhanced Bank-
ruptcy Judgeship Act of 2005’’. 
SEC. 
5302. 
AUTHORIZATION 
FOR 
ADDITIONAL 
BANK-
RUPTCY JUDGESHIPS. 
The following judgeships shall be filled in the manner 
prescribed in section 152(a)(1) of title 28, United States 
Code, for the appointment of bankruptcy judges provided 
for in section 152(a)(2) of such title: 
(1) 1 additional bankruptcy judgeship for the 
eastern and western districts of Arkansas. 
(2) 1 additional bankruptcy judgeship for the 
eastern district of California. 
(3) 2 additional bankruptcy judgeships for the 
middle district of Florida.
511 
(4) 2 additional bankruptcy judgeships for the 
northern district of Georgia. 
(5) 1 additional bankruptcy judgeship for the 
southern district of Georgia. 
(6) 1 additional bankruptcy judgeship for the 
eastern district of Kentucky. 
(7) 1 additional bankruptcy judgeship for the 
district of Maryland. 
(8) 3 additional bankruptcy judgeships for the 
eastern district of Michigan. 
(9) 1 additional bankruptcy judgeship for the 
southern district of New York. 
(10) 1 additional bankruptcy judgeship for the 
western district of Pennsylvania. 
(11) 1 additional bankruptcy judgeship for the 
western district of Tennessee. 
(12) 1 additional bankruptcy judgeship for the 
eastern district of Texas. 
(13) 1 additional bankruptcy judgeship for the 
district of Utah. 
SEC. 5303. TEMPORARY BANKRUPTCY JUDGESHIPS. 
(a) AUTHORIZATION FOR ADDITIONAL TEMPORARY 
BANKRUPTCY JUDGESHIPS.—The following judgeships 
shall be filled in the manner prescribed in section 
152(a)(1) of title 28, United States Code, for the appoint-
512 
ment of bankruptcy judges provided for in section 
152(a)(2) of such title: 
(1) 1 additional bankruptcy judgeship for the 
northern district of Florida. 
(2) 2 additional bankruptcy judgeships for the 
middle district of Florida. 
(3) 1 additional bankruptcy judgeship for the 
northern district of Indiana. 
(4) 1 additional bankruptcy judgeship for the 
northern district of Mississippi. 
(5) 1 additional bankruptcy judgeship for the 
district of Nevada. 
(6) 1 additional bankruptcy judgeship for the 
western district of North Carolina. 
(7) 1 additional bankruptcy judgeship for the 
southern district of Ohio. 
(b) VACANCIES.— 
(1) DISTRICTS WITH SINGLE APPOINTMENTS.— 
Except as provided in paragraph (2), the first va-
cancy occurring in the office of bankruptcy judge in 
each of the judicial districts set forth in subsection 
(a)— 
(A) occurring 5 years or more after the ap-
pointment date of the bankruptcy judge ap-
pointed under subsection (a) to such office, and
513 
(B) resulting from the death, retirement, 
resignation, or removal of a bankruptcy judge, 
shall not be filled. 
(2) MIDDLE DISTRICT OF FLORIDA.—The 1st 
and 2d vacancies in the office of bankruptcy judge 
in the middle district of Florida— 
(A) occurring 5 years or more after the re-
spective 1st and 2d appointment dates of the 
bankruptcy judges appointed under subsection 
(a)(2), and 
(B) resulting from the death, retirement, 
resignation, or removal of a bankruptcy judge, 
shall not be filled. 
(c) 
ELIGIBILITY
FOR
SUBSEQUENT
APPOINT-
MENTS.—A judge holding office in any of the districts 
enumerated in subsection (a) shall, at the expiration of 
the term of the judge (other than by reason of paragraph 
(1)(B) or (2)(B) of subsection (b)), be eligible for re-
appointment as a bankruptcy judge in that district. 
SEC. 5304. CONVERSION OF EXISTING TEMPORARY BANK-
RUPTCY JUDGESHIPS. 
(a) JUDGESHIPS AUTHORIZED BY PUBLIC LAW 102– 
361.—The following temporary bankruptcy judgeships au-
thorized by the following paragraphs of section 3(a) of 
Public Law 102–361, as amended by section 307 of Public
514 
Law 104–317 (28 U.S.C. 152 note), are converted to per-
manent bankruptcy judgeships under section 152(a)(2) of 
title 28, United States Code: 
(1) The temporary bankruptcy judgeship for 
the district of Delaware authorized by paragraph 
(3). 
(2) The temporary bankruptcy judgeship for 
the southern district of Illinois authorized by para-
graph (4). 
(3) The temporary bankruptcy judgeship for 
the district of Puerto Rico authorized by paragraph 
(7). 
(b) JUDGESHIPS AUTHORIZED BY PUBLIC LAW 109– 
8.—The following temporary bankruptcy judgeships au-
thorized by the following subparagraphs of section 
1223(b)(1) of the Bankruptcy Abuse Prevention and Con-
sumer Protection Act of 2005 (Public Law 109–8), are 
converted to permanent bankruptcy judgeships under sec-
tion 152(a)(2) of title 28, United States Code: 
(1) The 4 temporary bankruptcy judgeships for 
the district of Delaware authorized by subparagraph 
(C). 
(2) The temporary bankruptcy judgeship for 
the southern district of Georgia authorized by sub-
paragraph (E).
515 
(3) One of the 3 temporary bankruptcy judge-
ships for the district of Maryland authorized by sub-
paragraph (F). 
(4) The temporary bankruptcy judgeship for 
the eastern district of Michigan authorized by sub-
paragraph (G). 
(5) The temporary bankruptcy judgeship for 
the district of New Jersey authorized by subpara-
graph (I). 
(6) The temporary bankruptcy judgeship for 
the northern district of New York authorized by sub-
paragraph (K). 
(7) The temporary bankruptcy judgeship for 
the southern district of New York authorized by sub-
paragraph (L). 
(8) The temporary bankruptcy judgeship for 
the eastern district of North Carolina authorized by 
subparagraph (M). 
(9) The temporary bankruptcy judgeship for 
the eastern district of Pennsylvania authorized by 
subparagraph (N). 
(10) The temporary bankruptcy judgeship for 
the district of South Carolina authorized by sub-
paragraph (S).
516 
(11) The temporary bankruptcy judgeship for 
the western district of Tennessee authorized by sub-
paragraph (Q). 
SEC. 5305. GENERAL PROVISIONS. 
(a) TABLE OF JUDGESHIPS.—In order that the table 
contained in section 152(a)(2) of title 28, United States 
Code, will, with respect to each judicial district, reflect the 
changes in the total number of bankruptcy judgeships au-
thorized under sections 5302 and 5304, such table is 
amended to read as follows: 
‘‘Districts 
Judges
‘‘Alabama: 
‘‘Northern ...................... .............................................................
‘‘Middle ....................... ................................................................
‘‘Southern ..................... ..............................................................
‘‘Alaska ................................... ............................................................
‘‘Arizona .................................. ...........................................................
‘‘Arkansas: 
‘‘Eastern and Western ...................... ..........................................
‘‘California: 
‘‘Northern....................... .............................................................
‘‘Eastern........................ ..............................................................
‘‘Central ....................... ...............................................................
‘‘Southern ...................... .............................................................
‘‘Colorado................................... ..........................................................
‘‘Connecticut................................ ........................................................
‘‘Delaware................................... .........................................................
‘‘District of Columbia....................... ...................................................
‘‘Florida: 
‘‘Northern....................... .............................................................
‘‘Middle......................... ...............................................................
‘‘Southern....................... .............................................................
‘‘Georgia: 
‘‘Northern....................... .............................................................
‘‘Middle......................... ...............................................................
‘‘Southern ...................... .............................................................
‘‘Hawaii..................................... ..........................................................
‘‘Idaho...................................... ............................................................
‘‘Illinois: 
‘‘Northern....................... .............................................................
‘‘Central........................ ...............................................................
‘‘Southern....................... .............................................................
517 
‘‘Indiana: 
‘‘Northern....................... .............................................................
‘‘Southern....................... .............................................................
‘‘Iowa: 
‘‘Northern....................... .............................................................
‘‘Southern....................... .............................................................
‘‘Kansas..................................... ..........................................................
‘‘Kentucky: 
‘‘Eastern........................ ..............................................................
‘‘Western........................ ..............................................................
‘‘Louisiana: 
‘‘Eastern........................ ..............................................................
‘‘Middle......................... ...............................................................
‘‘Western........................ ..............................................................
‘‘Maine...................................... ...........................................................
‘‘Maryland................................... .........................................................
‘‘Massachusetts.............................. ......................................................
‘‘Michigan: 
‘‘Eastern........................ ..............................................................
‘‘Western........................ ..............................................................
‘‘Minnesota.................................. ........................................................
‘‘Mississippi: 
‘‘Northern....................... .............................................................
‘‘Southern....................... .............................................................
‘‘Missouri: 
‘‘Eastern........................ ..............................................................
‘‘Western........................ ..............................................................
‘‘Montana.................................... .........................................................
‘‘Nebraska................................... .........................................................
‘‘Nevada..................................... ..........................................................
‘‘New Hampshire.............................. ...................................................
‘‘New Jersey................................. .......................................................
‘‘New Mexico................................. ......................................................
‘‘New York: 
‘‘Northern....................... .............................................................
‘‘Southern....................... .............................................................
‘‘Eastern........................ ..............................................................
‘‘Western........................ ..............................................................
‘‘North Carolina: 
‘‘Eastern........................ ..............................................................
‘‘Middle......................... ...............................................................
‘‘Western........................ ..............................................................
‘‘North Dakota............................... .....................................................
‘‘Ohio: 
‘‘Northern....................... .............................................................
‘‘Southern....................... .............................................................
‘‘Oklahoma: 
‘‘Northern....................... .............................................................
‘‘Eastern........................ ..............................................................
‘‘Western........................ ..............................................................
‘‘Oregon..................................... ..........................................................
‘‘Pennsylvania: 
‘‘Eastern........................ ..............................................................
‘‘Middle......................... ...............................................................
‘‘Western........................ ..............................................................
518 
‘‘Puerto Rico................................ ........................................................
‘‘Rhode Island............................... .......................................................
‘‘South Carolina............................. ......................................................
‘‘South Dakota............................... .....................................................
‘‘Tennessee: 
‘‘Eastern........................ ..............................................................
‘‘Middle......................... ...............................................................
‘‘Western........................ ..............................................................
‘‘Texas: 
‘‘Northern....................... .............................................................
‘‘Eastern........................ ..............................................................
‘‘Southern....................... .............................................................
‘‘Western........................ ..............................................................
‘‘Utah....................................... ............................................................
‘‘Vermont.................................... .........................................................
‘‘Virgin Islands............................. .......................................................
‘‘Virginia: 
‘‘Eastern........................ ..............................................................
‘‘Western........................ ..............................................................
‘‘Washington: 
‘‘Eastern........................ ..............................................................
‘‘Western........................ ..............................................................
‘‘West Virginia: 
‘‘Northern....................... .............................................................
‘‘Southern....................... .............................................................
‘‘Wisconsin: 
‘‘Eastern........................ ..............................................................
‘‘Western........................ ..............................................................
‘‘Wyoming.................................... ........................................................
1.’’.
(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that bankruptcy judges in the eastern district 
of California should conduct bankruptcy proceedings on 
a daily basis in Bakersfield, California. 
SEC. 5306. EFFECTIVE DATE. 
This subtitle and the amendments made by this sub-
title shall take effect on the date of the enactment of this 
Act.
519 
Subtitle D—Ninth Circuit 
Reorganization 
SEC. 5401. SHORT TITLE. 
This subtitle may be cited as the ‘‘Judicial Adminis-
tration and Improvements Act of 2005’’. 
SEC. 5402. DEFINITIONS. 
In this subtitle: 
(1) 
FORMER
NINTH
CIRCUIT.—The 
term 
‘‘former ninth circuit’’ means the ninth judicial cir-
cuit of the United States as in existence on the day 
before the effective date of this subtitle. 
(2) NEW
NINTH
CIRCUIT.—The term ‘‘new 
ninth circuit’’ means the ninth judicial circuit of the 
United States established by the amendment made 
by section 5403(2)(A). 
(3) TWELFTH CIRCUIT.—The term ‘‘twelfth cir-
cuit’’ means the twelfth judicial circuit of the United 
States established by the amendment made by sec-
tion 5403(2)(B). 
SEC. 5403. NUMBER AND COMPOSITION OF CIRCUITS. 
Section 41 of title 28, United States Code, is amend-
ed— 
(1) in the matter preceding the table, by strik-
ing ‘‘thirteen’’ and inserting ‘‘fourteen’’; and 
(2) in the table—
520 
(A) by striking the item relating to the 
ninth circuit and inserting the following: 
‘‘Ninth ...........................................
California, Guam, Hawaii, Northern 
Mariana Islands.’’; 
and 
(B) by inserting after the item relating to 
the eleventh circuit the following: 
‘‘Twelfth ........................................
Alaska, Arizona, Idaho, Montana, Ne-
vada, Oregon, Washington.’’. 
SEC. 5404. NUMBER OF CIRCUIT JUDGES. 
The table contained in section 44(a) of title 28, 
United States Code, as amended by section 5202(c) of this 
Act, is further amended— 
(1) by striking the item relating to the ninth 
circuit and inserting the following: 
‘‘Ninth .......................................................................................................
19’’; 
and 
(2) by inserting after the item relating to the 
eleventh circuit the following: 
‘‘Twelfth ....................................................................................................
14’’. 
SEC. 5405. PLACES OF CIRCUIT COURT. 
The table contained in section 48(a) of title 28, 
United States Code, is amended— 
(1) by striking the item relating to the ninth 
circuit and inserting the following: 
‘‘Ninth ...........................................
Honolulu, 
Pasadena, 
San 
Fran-
cisco.’’; 
and
521 
(2) by inserting after the item relating to the 
eleventh circuit the following: 
‘‘Twelfth ........................................
Las Vegas, Missoula, Phoenix, Port-
land, Seattle.’’. 
SEC. 5406. ASSIGNMENT OF CIRCUIT JUDGES. 
Each circuit judge of the former ninth circuit who 
is in regular active service and whose official duty station 
on the day before the effective date of this subtitle— 
(1) is in California, Guam, Hawaii, or the 
Northern Mariana Islands shall be a circuit judge of 
the new ninth circuit as of such effective date; and 
(2) is in Alaska, Arizona, Idaho, Montana, Ne-
vada, Oregon, or Washington shall be a circuit judge 
of the twelfth circuit as of such effective date. 
SEC. 5407. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. 
Each judge who is a senior circuit judge of the former 
ninth circuit on the day before the effective date of this 
subtitle may elect to be assigned to the new ninth circuit 
or the twelfth circuit as of such effective date and shall 
notify the Director of the Administrative Office of the 
United States Courts of such election. 
SEC. 5408. SENIORITY OF JUDGES. 
The seniority of each judge— 
(1) who is assigned under section 5406, or 
(2) who elects to be assigned under section 
5407,
522 
shall run from the date of commission of such judge as 
a judge of the former ninth circuit. 
SEC. 5409. APPLICATION TO CASES. 
The following apply to any case in which, on the day 
before the effective date of this subtitle, an appeal or other 
proceeding has been filed with the former ninth circuit: 
(1) Except as provided in paragraph (3), if the 
matter has been submitted for decision, further pro-
ceedings with respect to the matter shall be had in 
the same manner and with the same effect as if this 
subtitle had not been enacted. 
(2) If the matter has not been submitted for de-
cision, the appeal or proceeding, together with the 
original papers, printed records, and record entries 
duly certified, shall, by appropriate orders, be trans-
ferred to the court to which the matter would have 
been submitted had this subtitle been in full force 
and effect at the time such appeal was taken or 
other proceeding commenced, and further pro-
ceedings with respect to the case shall be had in the 
same manner and with the same effect as if the ap-
peal or other proceeding had been filed in such 
court. 
(3) If a petition for rehearing en banc is pend-
ing on or after the effective date of this subtitle, the
523 
petition shall be considered by the court of appeals 
to which it would have been submitted had this sub-
title been in full force and effect at the time that the 
appeal or other proceeding was filed with the court 
of appeals. 
SEC. 5410. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES 
AMONG CIRCUITS. 
Section 291 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(c) The chief judge of the Ninth Circuit may, in the 
public interest and upon request by the chief judge of the 
Twelfth Circuit, designate and assign temporarily any cir-
cuit judge of the Ninth Circuit to act as circuit judge in 
the Twelfth Circuit. 
‘‘(d) The chief judge of the Twelfth Circuit may, in 
the public interest and upon request by the chief judge 
of the Ninth Circuit, designate and assign temporarily any 
circuit judge of the Twelfth Circuit to act as circuit judge 
in the Ninth Circuit.’’. 
SEC. 5411. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES 
AMONG CIRCUITS. 
Section 292 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(f) The chief judge of the United States Court of 
Appeals for the Ninth Circuit may, in the public interest—
524 
‘‘(1) upon request by the chief judge of the 
Twelfth Circuit, designate and assign 1 or more dis-
trict judges within the Ninth Circuit to sit upon the 
Court of Appeals of the Twelfth Circuit, or a divi-
sion thereof, whenever the business of that court so 
requires; and 
‘‘(2) designate and assign temporarily any dis-
trict judge within the Ninth Circuit to hold a district 
court in any district within the Twelfth Circuit. 
‘‘(g) The chief judge of the United States Court of 
Appeals for the Twelfth Circuit may in the public inter-
est— 
‘‘(1) upon request by the chief judge of the 
Ninth Circuit, designate and assign 1 or more dis-
trict judges within the Twelfth Circuit to sit upon 
the Court of Appeals of the Ninth Circuit, or a divi-
sion thereof, whenever the business of that court so 
requires; and 
‘‘(2) designate and assign temporarily any dis-
trict judge within the Twelfth Circuit to hold a dis-
trict court in any district within the Ninth Circuit. 
‘‘(h) Any designations or assignments under sub-
section (f) or (g) shall be in conformity with the rules or 
orders of the court of appeals of, or the district within,
525 
as applicable, the circuit to which the judge is designated 
or assigned.’’. 
SEC. 5412. ADMINISTRATION. 
The court of appeals for the ninth circuit as con-
stituted on the day before the effective date of this subtitle 
may take such administrative action as may be required 
to carry out this subtitle and the amendments made by 
this subtitle. Such court shall cease to exist for adminis-
trative purposes 2 years after the date of the enactment 
of this Act. 
SEC. 5413. EFFECTIVE DATE. 
This subtitle and the amendments made by this sub-
title shall take effect no later than December 31, 2006. 
Subtitle E—Authorization of 
Appropriations 
SEC. 5501. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for each of 
fiscal years 2006 through 2009 such sums as are nec-
essary to carry out subtitles B, C, and D of this title, in-
cluding such sums as may be necessary to provide appro-
priate space and facilities for the judicial positions created 
by this title. Funds appropriated pursuant to this section 
in any fiscal year shall remain available until expended.
526 
TITLE VI—COMMITTEE ON 
RESOURCES 
Subtitle A—Arctic Coastal Plain Domestic Energy 
Sec. 6101. Short title. 
Sec. 6102. Definitions. 
Sec. 6103. Leasing program for lands within the coastal plain. 
Sec. 6104. Lease sales. 
Sec. 6105. Grant of leases by the Secretary. 
Sec. 6106. Lease terms and conditions. 
Sec. 6107. Coastal Plain environmental protection. 
Sec. 6108. Expedited judicial review. 
Sec. 6109. Federal and State distribution of revenues. 
Sec. 6110. Rights-of-way across the Coastal Plain. 
Sec. 6111. Conveyance. 
Sec. 6112. Local government impact aid and community service assistance. 
Subtitle B—Miscellaneous Amendments Relating to Mining 
Sec. 6201. Fees for recordation and location of mining claims. 
Sec. 6202. Patents for mining or mill site claims. 
Sec. 6203. Mineral examinations for mining on certain lands. 
Sec. 6204. Mineral development lands available for purchase. 
Sec. 6205. National mining and minerals policy to encourage and promote the 
productive second use of lands. 
Sec. 6206. Regulations. 
Sec. 6207. Protection of national parks and wilderness areas. 
Subtitle C—Disposal of Public Lands 
CHAPTER 1—DISPOSAL OF CERTAIN PUBLIC LANDS IN NEVADA 
Sec. 6301. Short title. 
Sec. 6302. Definitions. 
Sec. 6303. Land conveyance. 
Sec. 6304. Disposition of proceeds. 
CHAPTER 2—DISPOSAL OF CERTAIN PUBLIC LANDS IN IDAHO 
Sec. 6311. Short title. 
Sec. 6312. Definitions. 
Sec. 6313. Land conveyance. 
Sec. 6314. Disposition of proceeds. 
Subtitle D—Oil shale 
Sec. 6401. Oil shale and tar sands amendments. 
Subtitle E—Ocean Energy Resources 
Sec. 6501. Short title. 
Sec. 6502. Policy. 
Sec. 6503. Definitions under the Outer Continental Shelf Lands Act. 
Sec. 6504. Determination of adjacent zones and planning areas.
527 
Sec. 6505. Administration of leasing. 
Sec. 6506. Grant of leases by Secretary. 
Sec. 6507. Disposition of receipts. 
Sec. 6508. Review of outer Continental Shelf exploration plans. 
Sec. 6509. Reservation of lands and rights. 
Sec. 6510. Outer Continental Shelf leasing program. 
Sec. 6511. Coordination with Adjacent States. 
Sec. 6512. Environmental studies. 
Sec. 6513. Review of outer Continental Shelf development and production 
plans. 
Sec. 6514. Federal Energy Natural Resources Enhancement Fund Act of 2005. 
Sec. 6515. Termination of effect of laws prohibiting the spending of appro-
priated funds for certain purposes. 
Sec. 6516. Outer Continental Shelf incompatible use. 
Sec. 6517. Repurchase of certain leases. 
Sec. 6518. Offsite environmental mitigation. 
Sec. 6519. Amendments to the Mineral Leasing Act. 
Sec. 6520. Minerals Management Service. 
Sec. 6521. Authority to use decommissioned offshore oil and gas platforms and 
other facilities for mariculture, artificial reef, scientific re-
search, or other uses. 
Sec. 6522. Repeal of requirement to conduct comprehensive inventory of OCS 
oil and natural gas resources. 
Sec. 6523. Mining and petroleum schools. 
Sec. 6524. Onshore and offshore mineral lease fees. 
Sec. 6525. Atlantic and Pacific OCS Region headquarters. 
Sec. 6526. National Geologic Data and Mapping Fund Act of 2005. 
Sec. 6527. Leases for areas located within 100 miles of California or Florida. 
Subtitle F—Sale and Conveyance of Federal Land 
Sec. 6601. Collection of receipts from the sale of Federal lands. 
Subtitle A—Arctic Coastal Plain 
Domestic Energy 
SEC. 6101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Arctic Coastal 
Plain Domestic Energy Security Act of 2005’’. 
SEC. 6102. DEFINITIONS. 
In this subtitle: 
(1) COASTAL
PLAIN.—The term ‘‘Coastal 
Plain’’ means that area identified as such in the 
map entitled ‘‘Arctic National Wildlife Refuge’’, 
dated October 21, 2005, comprising approximately
528 
1,549,000 acres, and as described in appendix I to 
part 37 of title 50, Code of Federal Regulations. 
(2) SECRETARY.—The term ‘‘Secretary’’, except 
as otherwise provided, means the Secretary of the 
Interior or the Secretary’s designee. 
SEC. 6103. LEASING PROGRAM FOR LANDS WITHIN THE 
COASTAL PLAIN. 
(a) IN GENERAL.—The Secretary shall take such ac-
tions as are necessary— 
(1) to establish and implement, in accordance 
with this Act and acting through the Director of the 
Bureau of Land Management in consultation with 
the Director of the United States Fish and Wildlife 
Service, a competitive oil and gas leasing program 
under the Mineral Leasing Act (30 U.S.C. 181 et 
seq.) that will result in an environmentally sound 
program for the exploration, development, and pro-
duction of the oil and gas resources of the Coastal 
Plain; and 
(2) to administer the provisions of this subtitle 
through regulations, lease terms, conditions, restric-
tions, prohibitions, stipulations, and other provisions 
that ensure the oil and gas exploration, development, 
and production activities on the Coastal Plain will 
result in no significant adverse effect on fish and
529 
wildlife, their habitat, subsistence resources, and the 
environment, and including, in furtherance of this 
goal, by requiring the application of the best com-
mercially available technology for oil and gas explo-
ration, development, and production to all explo-
ration, development, and production operations 
under this subtitle in a manner that ensures the re-
ceipt of fair market value by the public for the min-
eral resources to be leased. 
(b) REPEAL.—Section 1003 of the Alaska National 
Interest Lands Conservation Act of 1980 (16 U.S.C. 
3143) is repealed. 
(c) COMPLIANCE WITH REQUIREMENTS UNDER CER-
TAIN OTHER LAWS.— 
(1) COMPATIBILITY.—For purposes of the Na-
tional Wildlife Refuge System Administration Act of 
1966, the oil and gas leasing program and activities 
authorized by this section in the Coastal Plain are 
deemed to be compatible with the purposes for which 
the Arctic National Wildlife Refuge was established, 
and that no further findings or decisions are re-
quired to implement this determination. 
(2) ADEQUACY OF THE DEPARTMENT OF THE 
INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT 
STATEMENT.—The 
‘‘Final 
Legislative 
Environ-
530 
mental Impact Statement’’ (April 1987) on the 
Coastal Plain prepared pursuant to section 1002 of 
the Alaska National Interest Lands Conservation 
Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) 
of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)(C)) is deemed to satisfy the re-
quirements under the National Environmental Policy 
Act of 1969 that apply with respect to prelease ac-
tivities, including actions authorized to be taken by 
the Secretary to develop and promulgate the regula-
tions for the establishment of a leasing program au-
thorized by this subtitle before the conduct of the 
first lease sale. 
(3) COMPLIANCE WITH NEPA FOR OTHER AC-
TIONS.—Before conducting the first lease sale under 
this subtitle, the Secretary shall prepare an environ-
mental impact statement under the National Envi-
ronmental Policy Act of 1969 with respect to the ac-
tions authorized by this subtitle that are not re-
ferred to in paragraph (2). Notwithstanding any 
other law, the Secretary is not required to identify 
nonleasing alternative courses of action or to analyze 
the environmental effects of such courses of action. 
The Secretary shall only identify a preferred action 
for such leasing and a single leasing alternative, and
531 
analyze the environmental effects and potential miti-
gation measures for those two alternatives. The 
identification of the preferred action and related 
analysis for the first lease sale under this subtitle 
shall be completed within 18 months after the date 
of enactment of this Act. The Secretary shall only 
consider public comments that specifically address 
the Secretary’s preferred action and that are filed 
within 20 days after publication of an environmental 
analysis. Notwithstanding any other law, compliance 
with this paragraph is deemed to satisfy all require-
ments for the analysis and consideration of the envi-
ronmental effects of proposed leasing under this sub-
title. 
(d) RELATIONSHIP TO STATE AND LOCAL AUTHOR-
ITY.—Nothing in this subtitle shall be considered to ex-
pand or limit State and local regulatory authority. 
(e) SPECIAL AREAS.— 
(1) IN
GENERAL.—The Secretary, after con-
sultation with the State of Alaska, the city of 
Kaktovik, and the North Slope Borough, may des-
ignate up to a total of 45,000 acres of the Coastal 
Plain as a Special Area if the Secretary determines 
that the Special Area is of such unique character 
and interest so as to require special management
532 
and regulatory protection. The Secretary shall des-
ignate as such a Special Area the Sadlerochit Spring 
area, comprising approximately 4,000 acres as de-
picted on the map referred to in section 6102(1). 
(2) MANAGEMENT.—Each such Special Area 
shall be managed so as to protect and preserve the 
area’s unique and diverse character including its 
fish, wildlife, and subsistence resource values. 
(3) EXCLUSION
FROM
LEASING
OR
SURFACE 
OCCUPANCY.—The Secretary may exclude any Spe-
cial Area from leasing. If the Secretary leases a Spe-
cial Area, or any part thereof, for purposes of oil 
and gas exploration, development, production, and 
related activities, there shall be no surface occu-
pancy of the lands comprising the Special Area. 
(4) DIRECTIONAL DRILLING.—Notwithstanding 
the other provisions of this subsection, the Secretary 
may lease all or a portion of a Special Area under 
terms that permit the use of horizontal drilling tech-
nology from sites on leases located outside the area. 
(f) LIMITATION
ON
CLOSED
AREAS.—The Sec-
retary’s sole authority to close lands within the Coastal 
Plain to oil and gas leasing and to exploration, develop-
ment, and production is that set forth in this subtitle. 
(g) REGULATIONS.—
533 
(1) IN
GENERAL.—The Secretary shall pre-
scribe such regulations as may be necessary to carry 
out this subtitle, including rules and regulations re-
lating to protection of the fish and wildlife, their 
habitat, subsistence resources, and environment of 
the Coastal Plain, by no later than 15 months after 
the date of enactment of this Act. 
(2) REVISION
OF
REGULATIONS.—The Sec-
retary shall periodically review and, if appropriate, 
revise the rules and regulations issued under sub-
section (a) to reflect any significant biological, envi-
ronmental, or engineering data that come to the Sec-
retary’s attention. 
SEC. 6104. LEASE SALES. 
(a) IN GENERAL.—Lands may be leased pursuant to 
this subtitle to any person qualified to obtain a lease for 
deposits of oil and gas under the Mineral Leasing Act (30 
U.S.C. 181 et seq.). 
(b) PROCEDURES.—The Secretary shall, by regula-
tion, establish procedures for— 
(1) receipt and consideration of sealed nomina-
tions for any area in the Coastal Plain for inclusion 
in, or exclusion (as provided in subsection (c)) from, 
a lease sale;
534 
(2) the holding of lease sales after such nomina-
tion process; and 
(3) public notice of and comment on designa-
tion of areas to be included in, or excluded from, a 
lease sale. 
(c) LEASE SALE BIDS.—Bidding for leases under 
this subtitle shall be by sealed competitive cash bonus bids. 
(d) ACREAGE MINIMUM IN FIRST SALE.—In the first 
lease sale under this subtitle, the Secretary shall offer for 
lease those tracts the Secretary considers to have the 
greatest potential for the discovery of hydrocarbons, tak-
ing into consideration nominations received pursuant to 
subsection (b)(1), but in no case less than 200,000 acres. 
(e) TIMING
OF
LEASE
SALES.—The Secretary 
shall— 
(1) conduct the first lease sale under this sub-
title within 22 months after the date of the enact-
ment of this Act; and 
(2) conduct additional sales so long as sufficient 
interest in development exists to warrant, in the Sec-
retary’s judgment, the conduct of such sales. 
SEC. 6105. GRANT OF LEASES BY THE SECRETARY. 
(a) IN GENERAL.—The Secretary may grant to the 
highest responsible qualified bidder in a lease sale con-
ducted pursuant to section 6104 any lands to be leased
535 
on the Coastal Plain upon payment by the lessee of such 
bonus as may be accepted by the Secretary. 
(b) SUBSEQUENT
TRANSFERS.—No lease issued 
under this subtitle may be sold, exchanged, assigned, sub-
let, or otherwise transferred except with the approval of 
the Secretary. Prior to any such approval the Secretary 
shall consult with, and give due consideration to the views 
of, the Attorney General. 
SEC. 6106. LEASE TERMS AND CONDITIONS. 
(a) IN GENERAL.—An oil or gas lease issued pursu-
ant to this subtitle shall— 
(1) provide for the payment of a royalty of not 
less than 121⁄2 percent in amount or value of the 
production removed or sold from the lease, as deter-
mined by the Secretary under the regulations appli-
cable to other Federal oil and gas leases; 
(2) provide that the Secretary may close, on a 
seasonal basis, portions of the Coastal Plain to ex-
ploratory drilling activities as necessary to protect 
caribou calving areas and other species of fish and 
wildlife; 
(3) require that the lessee of lands within the 
Coastal Plain shall be fully responsible and liable for 
the reclamation of lands within the Coastal Plain 
and any other Federal lands that are adversely af-
536 
fected in connection with exploration, development, 
production, or transportation activities conducted 
under the lease and within the Coastal Plain by the 
lessee or by any of the subcontractors or agents of 
the lessee; 
(4) provide that the lessee may not delegate or 
convey, by contract or otherwise, the reclamation re-
sponsibility and liability to another person without 
the express written approval of the Secretary; 
(5) provide that the standard of reclamation for 
lands required to be reclaimed under this subtitle 
shall be, as nearly as practicable, a condition capable 
of supporting the uses which the lands were capable 
of supporting prior to any exploration, development, 
or production activities, or upon application by the 
lessee, to a higher or better use as approved by the 
Secretary; 
(6) contain terms and conditions relating to 
protection of fish and wildlife, their habitat, and the 
environment 
as 
required 
pursuant 
to 
section 
6103(a)(2); 
(7) provide that the lessee, its agents, and its 
contractors use best efforts to provide a fair share, 
as determined by the level of obligation previously 
agreed to in the 1974 agreement implementing sec-
537 
tion 29 of the Federal Agreement and Grant of 
Right of Way for the Operation of the Trans-Alaska 
Pipeline, of employment and contracting for Alaska 
Natives and Alaska Native Corporations from 
throughout the State; 
(8) prohibit the export of oil produced under 
the lease; and 
(9) contain such other provisions as the Sec-
retary determines necessary to ensure compliance 
with the provisions of this subtitle and the regula-
tions issued under this subtitle. 
(b) PROJECT LABOR AGREEMENTS.—The Secretary, 
as a term and condition of each lease under this subtitle 
and in recognizing the Government’s proprietary interest 
in labor stability and in the ability of construction labor 
and management to meet the particular needs and condi-
tions of projects to be developed under the leases issued 
pursuant to this subtitle and the special concerns of the 
parties to such leases, shall require that the lessee and 
its agents and contractors negotiate to obtain a project 
labor agreement for the employment of laborers and me-
chanics on production, maintenance, and construction 
under the lease.
538 
SEC. 6107. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 
(a) NO SIGNIFICANT ADVERSE EFFECT STANDARD 
TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 
The Secretary shall, consistent with the requirements of 
section 6103, administer the provisions of this subtitle 
through regulations, lease terms, conditions, restrictions, 
prohibitions, stipulations, and other provisions that— 
(1) ensure the oil and gas exploration, develop-
ment, and production activities on the Coastal Plain 
will result in no significant adverse effect on fish 
and wildlife, their habitat, and the environment; 
(2) require the application of the best commer-
cially available technology for oil and gas explo-
ration, development, and production on all new ex-
ploration, development, and production operations; 
and 
(3) ensure that the maximum amount of sur-
face acreage covered by production and support fa-
cilities, including airstrips and any areas covered by 
gravel berms or piers for support of pipelines, does 
not exceed 2,000 acres on the Coastal Plain. 
(b) SITE-SPECIFIC ASSESSMENT AND MITIGATION.— 
The Secretary shall also require, with respect to any pro-
posed drilling and related activities, that— 
(1) a site-specific analysis be made of the prob-
able effects, if any, that the drilling or related activi-
539 
ties will have on fish and wildlife, their habitat, and 
the environment; 
(2) a plan be implemented to avoid, minimize, 
and mitigate (in that order and to the extent prac-
ticable) any significant adverse effect identified 
under paragraph (1); and 
(3) the development of the plan shall occur 
after consultation with the agency or agencies hav-
ing jurisdiction over matters mitigated by the plan. 
(c) REGULATIONS
TO PROTECT COASTAL PLAIN 
FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 
AND THE ENVIRONMENT.—Before implementing the leas-
ing program authorized by this subtitle, the Secretary 
shall prepare and promulgate regulations, lease terms, 
conditions, restrictions, prohibitions, stipulations, and 
other measures designed to ensure that the activities un-
dertaken on the Coastal Plain under this subtitle are con-
ducted in a manner consistent with the purposes and envi-
ronmental requirements of this subtitle. 
(d) COMPLIANCE WITH FEDERAL AND STATE ENVI-
RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 
proposed regulations, lease terms, conditions, restrictions, 
prohibitions, and stipulations for the leasing program 
under this subtitle shall require compliance with all appli-
540 
cable provisions of Federal and State environmental law 
and shall also require the following: 
(1) Standards at least as effective as the safety 
and environmental mitigation measures set forth in 
items 1 through 29 at pages 167 through 169 of the 
‘‘Final Legislative Environmental Impact State-
ment’’ (April 1987) on the Coastal Plain. 
(2) Seasonal limitations on exploration, develop-
ment, and related activities, where necessary, to 
avoid significant adverse effects during periods of 
concentrated fish and wildlife breeding, denning, 
nesting, spawning, and migration. 
(3) That exploration activities, except for sur-
face geological studies, be limited to the period be-
tween approximately November 1 and May 1 each 
year and that exploration activities shall be sup-
ported, if necessary, by ice roads, winter trails with 
adequate snow cover, ice pads, ice airstrips, and air 
transport methods, except that such exploration ac-
tivities may occur at other times, if the Secretary 
finds that such exploration will have no significant 
adverse effect on the fish and wildlife, their habitat, 
and the environment of the Coastal Plain.
541 
(4) Design safety and construction standards 
for all pipelines and any access and service roads, 
that— 
(A) minimize, to the maximum extent pos-
sible, adverse effects upon the passage of mi-
gratory species such as caribou; and 
(B) minimize adverse effects upon the flow 
of surface water by requiring the use of cul-
verts, bridges, and other structural devices. 
(5) Prohibitions on general public access and 
use on all pipeline access and service roads. 
(6) Stringent reclamation and rehabilitation re-
quirements, consistent with the standards set forth 
in this subtitle, requiring the removal from the 
Coastal Plain of all oil and gas development and 
production facilities, structures, and equipment upon 
completion of oil and gas production operations, ex-
cept that the Secretary may exempt from the re-
quirements of this paragraph those facilities, struc-
tures, or equipment that the Secretary determines 
would assist in the management of the Arctic Na-
tional Wildlife Refuge and that are donated to the 
United States for that purpose. 
(7) Appropriate prohibitions or restrictions on 
access by all modes of transportation.
542 
(8) Appropriate prohibitions or restrictions on 
sand and gravel extraction. 
(9) Consolidation of facility siting. 
(10) Appropriate prohibitions or restrictions on 
use of explosives. 
(11) Avoidance, to the extent practicable, of 
springs, streams, and river system; the protection of 
natural surface drainage patterns, wetlands, and ri-
parian habitats; and the regulation of methods or 
techniques for developing or transporting adequate 
supplies of water for exploratory drilling. 
(12) Avoidance or reduction of air traffic-re-
lated disturbance to fish and wildlife. 
(13) Treatment and disposal of hazardous and 
toxic wastes, solid wastes, reserve pit fluids, drilling 
muds and cuttings, and domestic wastewater, includ-
ing an annual waste management report, a haz-
ardous materials tracking system, and a prohibition 
on chlorinated solvents, in accordance with applica-
ble Federal and State environmental law. 
(14) Fuel storage and oil spill contingency plan-
ning. 
(15) Research, monitoring, and reporting re-
quirements. 
(16) Field crew environmental briefings.
543 
(17) Avoidance of significant adverse effects 
upon subsistence hunting, fishing, and trapping by 
subsistence users. 
(18) Compliance with applicable air and water 
quality standards. 
(19) Appropriate seasonal and safety zone des-
ignations around well sites, within which subsistence 
hunting and trapping shall be limited. 
(20) Reasonable stipulations for protection of 
cultural and archeological resources. 
(21) All other protective environmental stipula-
tions, restrictions, terms, and conditions deemed 
necessary by the Secretary. 
(e) CONSIDERATIONS.—In preparing and promul-
gating regulations, lease terms, conditions, restrictions, 
prohibitions, and stipulations under this section, the Sec-
retary shall consider the following: 
(1) The stipulations and conditions that govern 
the National Petroleum Reserve-Alaska leasing pro-
gram, as set forth in the 1999 Northeast National 
Petroleum Reserve-Alaska Final Integrated Activity 
Plan/Environmental Impact Statement. 
(2) The environmental protection standards 
that governed the initial Coastal Plain seismic explo-
544 
ration program under parts 37.31 to 37.33 of title 
50, Code of Federal Regulations. 
(3) The land use stipulations for exploratory 
drilling on the KIC-ASRC private lands that are set 
forth in Appendix 2 of the August 9, 1983, agree-
ment between Arctic Slope Regional Corporation and 
the United States. 
(f) FACILITY CONSOLIDATION PLANNING.— 
(1) IN GENERAL.—The Secretary shall, after 
providing for public notice and comment, prepare 
and update periodically a plan to govern, guide, and 
direct the siting and construction of facilities for the 
exploration, development, production, and transpor-
tation of Coastal Plain oil and gas resources. 
(2) OBJECTIVES.—The plan shall have the fol-
lowing objectives: 
(A) Avoiding unnecessary duplication of fa-
cilities and activities. 
(B) Encouraging consolidation of common 
facilities and activities. 
(C) Locating or confining facilities and ac-
tivities to areas that will minimize impact on 
fish and wildlife, their habitat, and the environ-
ment.
545 
(D) Utilizing existing facilities wherever 
practicable. 
(E) Enhancing compatibility between wild-
life values and development activities. 
(g) ACCESS
TO PUBLIC LANDS.—The Secretary 
shall— 
(1) manage public lands in the Coastal Plain 
subject to subsections (a) and (b) of section 811 of 
the Alaska National Interest Lands Conservation 
Act (16 U.S.C. 3121); and 
(2) ensure that local residents shall have rea-
sonable access to public lands in the Coastal Plain 
for traditional uses. 
SEC. 6108. EXPEDITED JUDICIAL REVIEW. 
(a) FILING OF COMPLAINT.— 
(1) DEADLINE.—Subject to paragraph (2), any 
complaint seeking judicial review of any provision of 
this subtitle or any action of the Secretary under 
this subtitle shall be filed in any appropriate district 
court of the United States— 
(A) except as provided in subparagraph 
(B), within the 90-day period beginning on the 
date of the action being challenged; or 
(B) in the case of a complaint based solely 
on grounds arising after such period, within 90
546 
days after the complainant knew or reasonably 
should have known of the grounds for the com-
plaint. 
(2) VENUE.—Any complaint seeking judicial re-
view of an action of the Secretary under this subtitle 
may be filed only in the United States Court of Ap-
peals for the District of Columbia. 
(3) LIMITATION
ON
SCOPE
OF
CERTAIN
RE-
VIEW.—Judicial review of a Secretarial decision to 
conduct a lease sale under this subtitle, including 
the environmental analysis thereof, shall be limited 
to whether the Secretary has complied with the 
terms of this subtitle and shall be based upon the 
administrative record of that decision. The Sec-
retary’s identification of a preferred course of action 
to enable leasing to proceed and the Secretary’s 
analysis of environmental effects under this subtitle 
shall be presumed to be correct unless shown other-
wise by clear and convincing evidence to the con-
trary. 
(b) LIMITATION ON OTHER REVIEW.—Actions of the 
Secretary with respect to which review could have been 
obtained under this section shall not be subject to judicial 
review in any civil or criminal proceeding for enforcement.
547 
SEC. 6109. FEDERAL AND STATE DISTRIBUTION OF REVE-
NUES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, of the amount of adjusted bonus, rental, and 
royalty revenues from oil and gas leasing and operations 
authorized under this subtitle— 
(1) 50 percent shall be paid to the State of 
Alaska; and 
(2) except as provided in section 6112(d) the 
balance shall be deposited into the Treasury as mis-
cellaneous receipts. 
(b) PAYMENTS TO ALASKA.—Payments to the State 
of Alaska under this section shall be made semiannually. 
SEC. 6110. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 
(a) EXEMPTION.—Title XI of the Alaska National In-
terest Lands Conservation Act of 1980 (16 U.S.C. 3161 
et seq.) shall not apply to the issuance by the Secretary 
under section 28 of the Mineral Leasing Act (30 U.S.C. 
185) of rights-of-way and easements across the Coastal 
Plain for the transportation of oil and gas. 
(b) TERMS AND CONDITIONS.—The Secretary shall 
include in any right-of-way or easement referred to in sub-
section (a) such terms and conditions as may be necessary 
to ensure that transportation of oil and gas does not result 
in a significant adverse effect on the fish and wildlife, sub-
sistence resources, their habitat, and the environment of
548 
the Coastal Plain, including requirements that facilities be 
sited or designed so as to avoid unnecessary duplication 
of roads and pipelines. 
(c) REGULATIONS.—The Secretary shall include in 
regulations under section 6103(g) provisions granting 
rights-of-way and easements described in subsection (a) 
of this section. 
SEC. 6111. CONVEYANCE. 
In order to maximize Federal revenues by removing 
clouds on title to lands and clarifying land ownership pat-
terns within the Coastal Plain, the Secretary, notwith-
standing the provisions of section 1302(h)(2) of the Alas-
ka National Interest Lands Conservation Act (16 U.S.C. 
3192(h)(2)), shall convey— 
(1) to the Kaktovik Inupiat Corporation the 
surface estate of the lands described in paragraph 1 
of Public Land Order 6959, to the extent necessary 
to fulfill the Corporation’s entitlement under section 
12 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1611) in accordance with the terms and con-
ditions of the Agreement between the Department of 
the Interior, the United States Fish and Wildlife 
Service, the Bureau of Land Management, and the 
Kaktovik Inupiat Corporation effective January 22, 
1993; and
549 
(2) to the Arctic Slope Regional Corporation 
the remaining subsurface estate to which it is enti-
tled pursuant to the August 9, 1983, agreement be-
tween the Arctic Slope Regional Corporation and the 
United States of America. 
SEC. 6112. LOCAL GOVERNMENT IMPACT AID AND COMMU-
NITY SERVICE ASSISTANCE. 
(a) FINANCIAL ASSISTANCE AUTHORIZED.— 
(1) IN
GENERAL.—The Secretary may use 
amounts available from the Coastal Plain Local Gov-
ernment Impact Aid Assistance Fund established by 
subsection (d) to provide timely financial assistance 
to entities that are eligible under paragraph (2) and 
that are directly impacted by the exploration for or 
production of oil and gas on the Coastal Plain under 
this subtitle. 
(2) ELIGIBLE
ENTITIES.—The North Slope 
Borough, Kaktovik, and other boroughs, municipal 
subdivisions, villages, and any other community or-
ganized under Alaska State law shall be eligible for 
financial assistance under this section. 
(b) USE
OF
ASSISTANCE.—Financial assistance 
under this section may be used only for— 
(1) planning for mitigation of the potential ef-
fects of oil and gas exploration and development on
550 
environmental, social, cultural, recreational and sub-
sistence values; 
(2) implementing mitigation plans and main-
taining mitigation projects; 
(3) developing, carrying out, and maintaining 
projects and programs that provide new or expanded 
public facilities and services to address needs and 
problems associated with such effects, including fire-
fighting, police, water, waste treatment, medivac, 
and medical services; and 
(4) establishment of a coordination office, by 
the North Slope Borough, in the City of Kaktovik, 
which shall— 
(A) coordinate with and advise developers 
on local conditions, impact, and history of the 
areas utilized for development; and 
(B) provide to the Committee on Resources 
of the House of Representatives and the Com-
mittee on Energy and Resources of the Senate 
an annual report on the status of coordination 
between developers and the communities af-
fected by development. 
(c) APPLICATION.— 
(1) IN GENERAL.—Any community that is eligi-
ble for assistance under this section may submit an
551 
application for such assistance to the Secretary, in 
such form and under such procedures as the Sec-
retary may prescribe by regulation. 
(2) NORTH SLOPE BOROUGH COMMUNITIES.—A 
community located in the North Slope Borough may 
apply for assistance under this section either directly 
to the Secretary or through the North Slope Bor-
ough. 
(3) APPLICATION ASSISTANCE.—The Secretary 
shall work closely with and assist the North Slope 
Borough and other communities eligible for assist-
ance under this section in developing and submitting 
applications for assistance under this section. 
(d) ESTABLISHMENT OF FUND.— 
(1) IN GENERAL.—There is established in the 
Treasury the Coastal Plain Local Government Im-
pact Aid Assistance Fund. 
(2) USE.—Amounts in the fund may be used 
only for providing financial assistance under this 
section. 
(3) DEPOSITS.—Subject to paragraph (4), there 
shall be deposited into the fund amounts received by 
the United States as revenues derived from rents, 
bonuses, and royalties under leases and lease sales 
authorized under this subtitle.
552 
(4) LIMITATION
ON
DEPOSITS.—The total 
amount in the fund may not exceed $11,000,000. 
(5) INVESTMENT
OF
BALANCES.—The Sec-
retary of the Treasury shall invest amounts in the 
fund in interest bearing government securities. 
(e) AUTHORIZATION OF APPROPRIATIONS.—To pro-
vide financial assistance under this section there is author-
ized to be appropriated to the Secretary from the Coastal 
Plain Local Government Impact Aid Assistance Fund 
$5,000,000 for each fiscal year. 
Subtitle B—Miscellaneous 
Amendments Relating to Mining 
SEC. 6201. FEES FOR RECORDATION AND LOCATION OF 
MINING CLAIMS. 
(a) DIMENSIONS OF MINING CLAIMS.—Section 2320 
of the Revised Statutes (30 U.S.C. 23) is amended by 
striking the second and third sentences and inserting the 
following: ‘‘A mining claim located after May 10, 1872, 
whether located by one or more persons, and including a 
claim located before exposure of the vein or lode, may 
equal, but shall not exceed, 1,500 feet in length along the 
vein or lode, and shall extend no more than 300 feet on 
each side of the middle of the vein at the surface, nor 
shall any claim be limited by any mining regulation to less 
than 25 feet on each side of the middle of the vein at
553 
the surface, except where adverse rights existing on May 
10, 1872, render such limitation necessary.’’. 
(b) RIGHTS SECURED
BY CLAIM MAINTENANCE 
FEES.—Section 2322 of the Revised Statutes (30 U.S.C. 
26) is amended by inserting ‘‘(a) RIGHTS OF LOCATORS, 
GENERALLY.—’’ before the first sentence, and by adding 
at the end the following: 
‘‘(b) RIGHTS SECURED BY MAINTENANCE FEES.— 
Prior to issuance of a patent, timely payment of the claim 
maintenance fee secures the rights of the holder of a min-
ing claim, mill site, or tunnel site, both prior to and after 
discovery of valuable mineral deposits, to use and occupy 
public lands under the provisions of the general mining 
law of the United States (as that term is defined in section 
2324 of the Revised Statutes) for mineral prospecting, ex-
ploration, development, mining, milling, and processing of 
minerals, reclamation of the claimed lands, and uses rea-
sonably incident thereto. Except for the location fee and 
the maintenance fees in section 2324 of the Revised Stat-
utes (30 U.S.C. 28), and the patent prices in sections 
2325, 2326, 2333, and 2337 of the Revised Statutes (30 
U.S.C. 29, 30, 37, and 42), no other fees or fair market 
value assessments shall be applied to prospecting, explo-
ration, development, mining, processing, or reclamation, 
and uses reasonably incident thereto.’’.
554 
(c) PATENT REQUIREMENTS.—Section 2325 of the 
Revised Statutes (30 U.S.C. 29) is amended— 
(1) in the second sentence by striking ‘‘, or at 
any time’’ and inserting ‘‘shall include a processing 
fee of $2,500 for the first claim or site, and $50 for 
each additional claim contained therein, and at any 
time’’; and 
(2) in the fourth sentence by inserting ‘‘and if 
the applicant has complied with the law of dis-
covery’’ after ‘‘publication’’. 
(d) MINING DISTRICT REGULATIONS BY MINERS.— 
Section 2324 of the Revised Statutes (30 U.S.C. 28) is 
amended to read as follows: 
‘‘SEC. 2324. (a) AUTHORITY
TO MAKE REGULA-
TIONS.—The miners of each mining district may make 
regulations not in conflict with the laws of the United 
States, or with the laws of the State or Territory in which 
the district is situated, governing the location, manner of 
recording, amount of work necessary to hold possession 
of a mining claim, subject to the following requirements: 
‘‘(1) The location must be distinctly marked on 
the ground so that its boundaries can be readily 
traced. 
‘‘(2) All records of mining claims made after 
May 10, 1872, shall contain the name or names of
555 
the locators, the date of the location, and such a de-
scription of the claim or claims located by reference 
to some natural object or permanent monument as 
will identify the claim. 
‘‘(b) RECORDATION OF MINING CLAIMS AND ABAN-
DONMENT.—The locator of an unpatented lode or placer 
mining claim, mill site, or tunnel site located after October 
21, 1976, pursuant to the general mining law of the 
United States shall, within 90 days after the date of loca-
tion of such claim, file in the office designated by the Sec-
retary of the Interior a copy of the official record of the 
notice of location or certificate of location, including a de-
scription of the location of the mining claim or mill or 
tunnel site sufficient to locate the claimed lands on the 
ground. The failure to file such instruments as required 
by this subsection is deemed conclusively to constitute an 
abandonment of the mining claim, mill site, or tunnel site 
by the owner. Such recordation by itself shall not render 
valid any claim that would not be otherwise valid under 
applicable law. 
‘‘(c) LOCATION FEE.—Notwithstanding any other 
provision of law, for every mining claim, mill site, or tun-
nel site located after the date of the enactment of this 
subsection pursuant to the general mining law of the 
United States, the locator shall, at the time the location
556 
notice is recorded pursuant to subsection (b), pay a loca-
tion fee of $100 per claim. This fee shall be in addition 
to the first year’s claim maintenance fee required by sub-
section (d). Payment of the location fee required by this 
subsection and the maintenance fee required by subsection 
(d) secures to the locator the right to use and occupy the 
public lands for purposes of the general mining law of the 
United States. 
‘‘(d) SCHEDULE OF CLAIM MAINTENANCE FEES.— 
(1) The holder of each unpatented mining claim, mill site, 
or tunnel site located pursuant to the general mining law 
of the United States on or after the date of the enactment 
of this subsection shall pay to the Secretary of the Inte-
rior, on or before September 1 of each year, a claim main-
tenance fee per claim. Except as provided in paragraph 
(2), such claim maintenance fee shall be paid in the fol-
lowing amounts: 
‘‘(A) $35 per claim for each of the first through 
fifth maintenance years, beginning with the year the 
claim was recorded. 
‘‘(B) $70 per claim for each of the sixth 
through tenth maintenance years. 
‘‘(C) $125 per claim for each of the eleventh 
through fifteenth maintenance years.
557 
‘‘(D) $150 per claim for the sixteenth mainte-
nance year and each year thereafter. 
‘‘(2) Notwithstanding any other provision of law, for 
each unpatented mining claim located after the date of 
enactment of this subsection pursuant to the general min-
ing law of the United States from which minerals are pro-
duced, and in lieu of the fee otherwise required by para-
graph (1), the holder shall pay to the Secretary of the 
Interior an annual maintenance fee of $200 per claim. 
‘‘(3) The holder of each unpatented mining claim, 
mill site, or tunnel site located pursuant to the general 
mining law of the United States before the date of enact-
ment of this subsection shall pay to the Secretary of the 
Interior for such claim— 
‘‘(A) except as provided in subparagraph (B), 
the claim maintenance fee that applied before such 
date of enactment; or 
‘‘(B) the claim maintenance fee that applies 
under paragraph (1) or (2), based on the number of 
years since the original location of the claim, if be-
fore the date the payment is due the claim holder— 
‘‘(i) notifies the Secretary; and 
‘‘(ii) pays to the Secretary a transfer fee of 
$100.
558 
‘‘(e) 
ADJUSTMENT
OF
CLAIM
MAINTENANCE 
FEES.—Claim maintenance fees under subsection (d) 
shall not be subject to adjustment. 
‘‘(f) WORK REQUIREMENT.—(1) The holder of each 
unpatented mining claim, mill site, or tunnel site located 
pursuant to the general mining law of the United States 
after the date of enactment of this subsection, and any 
holder of a claim that has transferred such claim to the 
claim maintenance fee schedule under subsection (d), shall 
conduct physical evaluation and development of the claim 
or of any contiguous block of claims of which the claim 
is a part. Exploration and mining activities conducted pur-
suant to a notice, approved plan of operations, or, in the 
case of split estate lands, a comparable State or county 
notice or approval, demonstrates compliance with this sec-
tion. 
‘‘(2) If physical evaluation of the claim is not carried 
out in accordance with paragraph (1) before the end of 
the fifth, tenth, or fifteenth maintenance year (beginning 
with the maintenance year in which the claim is filed), 
respectively, the claim holder shall be required to pay in 
the next maintenance year the location fee described in 
subsection (c), in addition to the annual claim mainte-
nance fee required to be paid for the next maintenance 
year.
559 
‘‘(g) WAIVER OF CLAIM MAINTENANCE FEE AD-
JUSTMENTS AND WORK REQUIREMENT.—If a delay in 
meeting the work requirements under subsection (f) is the 
result of pending administrative proceedings, rights-of- 
way disputes, or litigation concerning issuance or validity 
of any permit or authorization required under Federal, 
State, or local law for physical evaluation and development 
of the claim— 
‘‘(1) any increase in the claim maintenance fee 
that would otherwise apply under subsection (d) and 
the work requirements under subsection (f) shall be 
suspended for the claim; and 
‘‘(2) claim maintenance fees required to be paid 
each year for the claim shall be the same as the fee 
that applied for the year in which the delay first oc-
curred, and no additional location fee will be owed. 
‘‘(h) TIME OF PAYMENT.—The claim maintenance 
fee required under subsection (d) for any maintenance 
year shall be paid before the commencement of the mainte-
nance year, except that, for the maintenance year in which 
the location is made the locator shall pay the claim main-
tenance fee and the location fee imposed under subsection 
(c) at the time the location notice is recorded with the 
Bureau of Land Management. The Director of the Bureau 
of Land Management, after consultation with the Gov-
560 
ernor of Alaska and by not later than 1 year after the 
date of enactment of this subsection, may establish a claim 
maintenance fee filing date for Alaska claim holders that 
is not later than 60 days after September 1. 
‘‘(i) SMALL MINER CLAIM MAINTENANCE FEE.—(1) 
In the case of a claim for which the holder certifies in 
writing to the Secretary that, on the date the payment 
of any claim maintenance fee under this section was due, 
the claim holder and all related parties held not more than 
10 mining claims, mill sites, or tunnel sites, or any com-
bination thereof, on public lands— 
‘‘(A) the claim maintenance fee shall be 
$25 per claim per year for the life of the claim 
or site held by the claim holder; and 
‘‘(B) subsection (f) shall not apply. 
‘‘(2) In this subsection: 
‘‘(A) With respect to any claim holder, the term 
‘related party’ means— 
‘‘(i) the spouse and dependent children (as 
defined in section 152 of the Internal Revenue 
Code of 1986 (26 U.S.C. 152), as in effect on 
the date of the enactment of this paragraph of 
the claim holder; and
561 
‘‘(ii) a person who controls, is controlled 
by, or is under common control with the claim 
holder. 
‘‘(B) The terms ‘control’, ‘controls’, and ‘con-
trolled’ include actual control, legal control, and the 
power to exercise control, through or by common di-
rectors, officers, stockholders, a voting trust, or a 
holding company or investment company, or any 
other means. 
‘‘(j) FAILURE TO PAY.—(1) Failure to pay a claim 
maintenance fee or a location fee for an unpatented min-
ing claim as required by this section shall subject an 
unpatented mining claim, mill site, or tunnel site to for-
feiture by the claim holder as provided in this subsection. 
‘‘(2) The Secretary of the Interior shall provide the 
claim holder with notice of the failure and the opportunity 
to cure within 45 calendar days after the claim holder’s 
receipt of the notice. 
‘‘(3) The claim holder must, within such 45-day pe-
riod, pay twice the amount of maintenance fee that would 
otherwise have been required to be timely paid. The Sec-
retary of the Interior shall specify the amount that must 
be paid in the notice under paragraph (2). 
‘‘(4) Failure by the claim holder to make a timely 
and proper payment in the amount specified in the notice