I 
108TH CONGRESS 
2D SESSION 
H. R. 4514
To provide for exploration, development, and production of oil and gas 
resources on the Arctic Coastal Plain of Alaska, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 4, 2004
Mr. POMBO introduced the following bill; which was referred to the Committee 
on Resources 
A BILL 
To provide for exploration, development, and production of 
oil and gas resources on the Arctic Coastal Plain of 
Alaska, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Arctic Coastal Plain 
Domestic Energy Security Act of 2004’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COASTAL
PLAIN.—The term ‘‘Coastal 
Plain’’ means that area identified as such in the 
map entitled ‘‘Arctic National Wildlife Refuge’’,
dated August 1980, as referenced in section 1002(b) 
of the Alaska National Interest Lands Conservation 
Act of 1980 (16 U.S.C. 3142(b)(1)), comprising ap-
proximately 1,549,000 acres, and as described in ap-
pendix I to part 37 of title 50, Code of Federal Reg-
ulations. 
(2) SECRETARY.—The term ‘‘Secretary’’, except 
as otherwise provided, means the Secretary of the 
Interior or the Secretary’s designee. 
SEC. 3. 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 a competitive oil and gas leasing pro-
gram 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 Act 
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 
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 Act in a manner that ensures the receipt 
of fair market value by the public for the mineral re-
sources 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-
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 actions au-
thorized to be taken by the Secretary to develop and 
promulgate the regulations for the establishment of 
a leasing program authorized by this Act before the 
conduct of the first lease sale. 
(3) COMPLIANCE WITH NEPA FOR OTHER AC-
TIONS.—Before conducting the first lease sale under 
this Act, 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 Act that are not referred to 
in paragraph (2). Notwithstanding any other law, 
the Secretary is not required to identify nonleasing 
alternative courses of action or to analyze the envi-
ronmental effects of such courses of action. The Sec-
retary shall only identify a preferred action for such 
leasing and a single leasing alternative, and analyze
the environmental effects and potential mitigation 
measures for those two alternatives. The identifica-
tion of the preferred action and related analysis for 
the first lease sale under this Act shall be completed 
within 18 months after the date of the 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. Not-
withstanding any other law, compliance with this 
paragraph is deemed to satisfy all requirements for 
the analysis and consideration of the environmental 
effects of proposed leasing under this Act. 
(d) RELATIONSHIP TO STATE AND LOCAL AUTHOR-
ITY.—Nothing in this Act shall be considered to expand 
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 
and regulatory protection. The Secretary shall des-