478
(2) SECRETARY.—The term ‘‘Secretary’’, except
as otherwise provided, means the Secretary of the
Interior or the Secretary’s designee.
SEC. 6503. 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 title 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 title
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-
479
ration, development, and production operations
under this title 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3143) is repealed.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
480
(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 title before the
conduct of the first lease sale.
(3) COMPLIANCE WITH NEPA FOR OTHER AC-
TIONS.—Before conducting the first lease sale under
this title, 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 title 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 title shall be completed
within 18 months after the date of enactment of this
Act. The Secretary shall only consider public com-
481
ments that specifically address the Secretary’s pre-
ferred action and that are filed within 20 days after
publication of an environmental analysis. Notwith-
standing any other law, compliance with this para-
graph is deemed to satisfy all requirements for the
analysis and consideration of the environmental ef-
fects of proposed leasing under this title.
(d) RELATIONSHIP TO STATE AND LOCAL AUTHOR-
ITY.—Nothing in this title 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-
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 6502(1).
(2) MANAGEMENT.—Each such Special Area
shall be managed so as to protect and preserve the
482
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 title.
(g) REGULATIONS.—
(1) IN
GENERAL.—The Secretary shall pre-
scribe such regulations as may be necessary to carry
out this title, including rules and regulations relating
to protection of the fish and wildlife, their habitat,
subsistence resources, and environment of the Coast-
483
al 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. 6504. LEASE SALES.
(a) IN GENERAL.—Lands may be leased pursuant to
this title to any person qualified to obtain a lease for de-
posits 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;
(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.
484
(c) LEASE SALE BIDS.—Bidding for leases under
this title shall be by sealed competitive cash bonus bids.
(d) ACREAGE MINIMUM IN FIRST SALE.—In the first
lease sale under this title, 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 title
within 22 months after the date of enactment of this
title; 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. 6505. 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 6504 any lands to be leased
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 title may be sold, exchanged, assigned, sublet,
or otherwise transferred except with the approval of the
485
Secretary. Prior to any such approval the Secretary shall
consult with, and give due consideration to the views of,
the Attorney General.
SEC. 6506. LEASE TERMS AND CONDITIONS.
(a) IN GENERAL.—An oil or gas lease issued pursu-
ant to this title 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-
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;
486
(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 title 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 les-
see, 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
6503(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-
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;
487
(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 title and the regulations
issued under this title.
(b) PROJECT LABOR AGREEMENTS.—The Secretary,
as a term and condition of each lease under this title 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 conditions
of projects to be developed under the leases issued pursu-
ant to this title 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 agree-
ment for the employment of laborers and mechanics on
production, maintenance, and construction under the
lease.
SEC. 6507. 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 6503, administer the provisions of this title
through regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, and other provisions that—
488
(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; and
(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.
(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-
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-
489
ing program authorized by this title, the Secretary shall
prepare and promulgate regulations, lease terms, condi-
tions, restrictions, prohibitions, stipulations, and other
measures designed to ensure that the activities undertaken
on the Coastal Plain under this title are conducted in a
manner consistent with the purposes and environmental
requirements of this title.
(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 title shall require compliance with all applicable
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.
490
(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 by ice roads, winter trails with adequate snow
cover, ice pads, ice airstrips, and air transport meth-
ods, except that such exploration activities may
occur at other times, if—
(A) the Secretary determines, after afford-
ing an opportunity for public comment and re-
view, that special circumstances exist necessi-
tating that exploration activities be conducted
at other times of the year; and
(B) the Secretary finds that such explo-
ration will have no significant adverse effect on
the fish and wildlife, their habitat, and the envi-
ronment of the Coastal Plain.
(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
491
(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 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 title, 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, except that the
Secretary may exempt from the requirements of this
paragraph those facilities, structures, or equipment
that the Secretary determines would assist in the
management of the Arctic National 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.
(8) Appropriate prohibitions or restrictions on
sand and gravel extraction.
(9) Consolidation of facility siting.
(10) Appropriate prohibitions or restrictions on
use of explosives.
492
(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.
(17) Avoidance of significant adverse effects
upon subsistence hunting, fishing, and trapping by
subsistence users.
(18) Compliance with applicable air and water
quality standards.
493
(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-
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-
494
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.
(D) Utilizing existing facilities wherever
practicable.
(E) Enhancing compatibility between wild-
life values and development activities.
SEC. 6508. EXPEDITED JUDICIAL REVIEW.
(a) FILING OF COMPLAINT.—
495
(1) DEADLINE.—Subject to paragraph (2), any
complaint seeking judicial review of any provision of
this title or any action of the Secretary under this
title 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
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 title
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 title, including the
environmental analysis thereof, shall be limited to
whether the Secretary has complied with the terms
of this division and shall be based upon the adminis-
trative record of that decision. The Secretary’s iden-
tification of a preferred course of action to enable