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nues are generated is located within the area 
formed by the extension of the State’s seaward 
lateral boundaries. 
‘‘(B) 35 percent of each Coastal Energy 
State’s allocable share as determined under 
subparagraph (A) shall be allocated among and 
paid directly to the coastal political subdivisions 
of the State by the Secretary based on the fol-
lowing formula: 
‘‘(i) 25 percent shall be allocated 
based on the ratio of each coastal political 
subdivision’s coastal population to the 
coastal population of all coastal political 
subdivisions of the Coastal Energy State. 
‘‘(ii) 25 percent shall be allocated 
based on the ratio of each coastal political 
subdivision’s coastline miles to the coast-
line miles of all coastal political subdivi-
sions of the State. In the case of a coastal 
political subdivision without a coastline, 
the coastline of the political subdivision for 
purposes of this clause shall be one-third 
the average length of the coastline of the 
other coastal political subdivisions of the 
State.
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‘‘(iii) 50 percent shall be allocated 
based on a formula that allocates 75 per-
cent of the funds based on such coastal po-
litical subdivision’s relative distance from 
any leased tract used to calculate that 
State’s allocation and 25 percent of the 
funds based on the relative level of outer 
Continental Shelf oil and gas activities in 
a coastal political subdivision to the level of 
outer Continental Shelf oil and gas activi-
ties in all coastal political subdivisions in 
such State, as determined by the Sec-
retary. 
‘‘(d) ADMINISTRATIVE EXPENSES.—Of amounts in 
the Fund each fiscal year, the Secretary may use up to 
one-half of one percent for the administrative costs of im-
plementing this section. 
‘‘(e) DISPOSITION OF FUNDS.—A Coastal Energy 
State or coastal political subdivision may use funds pro-
vided to such entity under this section for any payment 
that is eligible to be made with funds provided to States 
under section 35 of the Mineral Leasing Act (30 U.S.C. 
191).’’.
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SEC. 2054. REPURCHASE OF LEASES THAT ARE NOT AL-
LOWED TO BE EXPLORED OR DEVELOPED. 
(a) AUTHORITY TO REPURCHASE AND CANCEL CER-
TAIN LEASES.—Notwithstanding any other provisions of 
law, any Federal oil and gas, geothermal, coal, oil shale, 
or tar sands lease, whether onshore or offshore, issued by 
the Secretary, or units of such leases if unitized, that by 
operation of law, including but not limited to denial of a 
permit request, (1) is not allowed to be explored in the 
lawful manner requested by the lessee, or (2) if explored 
resulting in a commercial discovery is not allowed to be 
developed or produced in the lawful manner requested by 
the lessee, shall, upon the written request of the lessee 
and a finding by the Secretary that such lease qualifies, 
be authorized for repurchase and cancelled by the Sec-
retary. If a permit, approval, or appeal has been expressly 
denied and the proposal of the lessee is found by the Sec-
retary not to have been in compliance with law, the lessee 
shall not be entitled to have the lease repurchased and 
cancelled. However, if the lessee alleges that the Govern-
ment has failed to act on a proposal of the lessee within 
the applicable period of time, the Secretary shall make no 
inquiry or determination as to whether the contents of the 
request complied with the law, and the Secretary shall re-
strict the Secretary’s findings to whether or not the Gov-
ernment failed to act within the applicable period of time.
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The Secretary shall make all decisions under this section 
within 180 days of request. The area covered by any re-
purchased and cancelled lease shall remain available for 
future leasing unless otherwise prohibited by law. For pur-
poses of this section, failure to act within a regulatory or 
statutory time-frame, whether advisory or mandatory, or 
if none, within a reasonable period of time not to exceed 
180 days, on a permit request, administrative appeal, or 
other request for approval, shall be considered to meet the 
operation of law requirements of this section. Further, 
conditions of approval attached to permit approvals shall 
meet the operation of law requirement of this section if 
such conditions are not mandated by statute or regulation 
and not agreed to by the lessee. A lessee shall not be re-
quired to exhaust administrative remedies regarding a per-
mit request, administrative appeal, or other required re-
quest for approval for the purposes of this section. 
(b) DETERMINATION
OF
A
COMMERCIAL
DIS-
COVERY.—The Secretary shall make any required deter-
mination of the existence of a commercial resource dis-
covery. For oil and gas, a commercial discovery is a dis-
covery in paying quantities. The Secretary shall be guided 
in such a determination by precedent, and by written ad-
vice, including input from the lessee.
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(c) COMPENSATION.—Upon authorization by the Sec-
retary of the repurchase of a lease under this section, a 
lessee shall be compensated in the amount of the total of 
lease acquisition costs, rentals, seismic acquisition costs, 
archeological and environmental studies, drilling costs, 
and other reasonable expenses on the lease, including ex-
penses incurred in the repurchase process, to the extent 
that the lessee has not previously been compensated by 
the United States for such expenses. The lessee shall not 
be compensated for general overhead expenses, employee 
salaries, or interest. If the lessee is an assignee, the lessee 
may not claim the expenses of his assignor. Compensation 
shall be in the form of a check or electronic transfer from 
the Department of the Treasury from funds deposited into 
miscellaneous receipts under the authority of the same Act 
that authorized the issuance of the lease being repur-
chased. If the Secretary fails to make the repurchase au-
thorization decision under subsection (a) within the re-
quired 180 days and the lease is ultimately repurchased, 
the compensation due to the lessee shall increase by 25 
percent, plus 1 percent for every seven days that the deci-
sion is delayed beyond the required 180 days. 
(d) DELEGATION OF AUTHORITY AND FINALITY OF 
DECISIONS.—The Secretary may delegate authority grant-
ed by this section only to individuals who have been ap-
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pointed by the President, by and with the advice and con-
sent of the Senate. A decision under this section by the 
Secretary, or delegated official, shall be considered the 
final agency decision. 
(e) REGULATIONS.—The Secretary shall issue rea-
sonable regulations implementing this section not later 
than 1 year after date of enactment of this Act. 
(f) SECRETARY.—For purposes of this section, the 
term ‘‘Secretary’’ means the Secretary of the Interior. 
(g) NO PREJUDICE.—This section shall not be inter-
preted to prejudice any other rights that the lessee would 
have in the absence of this section. 
SEC. 2055. LIMITATION ON REQUIRED REVIEW UNDER 
NEPA. 
(a) LIMITATION ON REVIEW.—Action by the Sec-
retary of the Interior in managing the public lands with 
respect to any of the activities described in subsection (b) 
shall not be subject to review under section 102(2)(C) the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)), if the activity is conducted for the purpose 
of exploration or development of a domestic Federal en-
ergy source. 
(b) ACTIVITIES DESCRIBED.—The activities referred 
to in subsection (a) are the following:
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(1) Geophysical exploration that does not re-
quire road building. 
(2) Individual surface disturbances of less than 
5 acres. 
(3) Drilling an oil or gas well at a location or 
well pad site at which drilling has occurred pre-
viously. 
(4) Drilling an oil or gas well within a devel-
oped field for which an approved land use plan or 
any environmental document prepared pursuant to 
the National Environmental Policy Act of 1969 ana-
lyzed such drilling as a reasonably foreseeable activ-
ity. 
(5) Disposal of water produced from an oil or 
gas well, if the disposal is in compliance with a per-
mit issued under the Federal Water Pollution Con-
trol Act. 
(6) Placement of a pipeline in an approved 
right-of-way corridor. 
(7) Maintenance of a minor activity, other than 
any construction or major renovation of a building 
or facility.
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TITLE XXI—COAL—RESOURCES 
SEC. 2101. SHORT TITLE. 
This title may be cited as the ‘‘Coal Leasing Amend-
ments Act of 2005’’. 
SEC. 2102. LEASE MODIFICATIONS FOR CONTIGUOUS COAL 
LANDS OR COAL DEPOSITS. 
Section 3 of the Mineral Leasing Act (30 U.S.C. 203) 
is amended in the first sentence by striking ‘‘such lease,’’ 
and all that follows through the end of the sentence and 
inserting ‘‘such lease.’’. 
SEC. 2103. APPROVAL OF LOGICAL MINING UNITS. 
Section 2(d)(2) of the Mineral Leasing Act (30 
U.S.C. 202a(2)) is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 
(2) by adding at the end the following: 
‘‘(B) The Secretary may establish a period of more 
than 40 years if the Secretary determines that the longer 
period— 
‘‘(i) will ensure the maximum economic recovery 
of a coal deposit; or 
‘‘(ii) the longer period is in the interest of the 
orderly, efficient, or economic development of a coal 
resource.’’.
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SEC. 2104. PAYMENT OF ADVANCE ROYALTIES UNDER COAL 
LEASES. 
(a) IN GENERAL.—Section 7(b) of the Mineral Leas-
ing Act (30 U.S.C. 207(b)) is amended to read as follows: 
‘‘(b)(1) Each lease shall be subjected to the condition 
of diligent development and continued operation of the 
mine or mines, except where operations under the lease 
are interrupted by strikes, the elements, or casualties not 
attributable to the lessee. 
‘‘(2)(A) The Secretary of the Interior, upon deter-
mining that the public interest will be served thereby, may 
suspend the condition of continued operation upon the 
payment of advance royalties. 
‘‘(B) Such advance royalties shall be computed— 
‘‘(i) based on— 
‘‘(I) the average price in the spot market 
for sales of comparable coal from the same re-
gion during the last month of each applicable 
continued operation year; or 
‘‘(II) in the absence of a spot market for 
comparable coal from the same region, by using 
a comparable method established by the Sec-
retary of the Interior to capture the commercial 
value of coal; and 
‘‘(ii) based on commercial quantities, as defined 
by regulation by the Secretary of the Interior.
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‘‘(C) The aggregate number of years during the ini-
tial and any extended term of any lease for which advance 
royalties may be accepted in lieu of the condition of contin-
ued operation shall not exceed 20. 
‘‘(3) The amount of any production royalty paid for 
any year shall be reduced (but not below zero) by the 
amount of any advance royalties paid under such lease to 
the extent that such advance royalties have not been used 
to reduce production royalties for a prior year. 
‘‘(4) This subsection shall be applicable to any lease 
or logical mining unit in existence on the date of the enact-
ment of this paragraph or issued or approved after such 
date. 
‘‘(5) Nothing in this subsection shall be construed to 
affect the requirement contained in the second sentence 
of subsection (a) relating to commencement of production 
at the end of 10 years.’’. 
(b) AUTHORITY TO WAIVE, SUSPEND, OR REDUCE 
ADVANCE ROYALTIES.—Section 39 of the Mineral Leas-
ing Act (30 U.S.C. 209) is amended by striking the last 
sentence.
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SEC. 2105. ELIMINATION OF DEADLINE FOR SUBMISSION 
OF COAL LEASE OPERATION AND RECLAMA-
TION PLAN. 
Section 7(c) of the Mineral Leasing Act (30 U.S.C. 
207(c)) is amended by striking ‘‘and not later than three 
years after a lease is issued,’’. 
SEC. 2106. AMENDMENT RELATING TO FINANCIAL ASSUR-
ANCES WITH RESPECT TO BONUS BIDS. 
Section 2(a) of the Mineral Leasing Act (30 U.S.C. 
201(a)) is amended by adding at the end the following: 
‘‘(4)(A) The Secretary shall not require a surety bond 
or any other financial assurance to guarantee payment of 
deferred bonus bid installments with respect to any coal 
lease issued on a cash bonus bid to a lessee or successor 
in interest having a history of a timely payment of noncon-
tested coal royalties and advanced coal royalties in lieu 
of production (where applicable) and bonus bid installment 
payments. 
‘‘(B) The Secretary may waive any requirement that 
a lessee provide a surety bond or other financial assurance 
for a coal lease issued before the date of the enactment 
of the Energy Policy Act of 2005 only if the Secretary 
determines that the lessee has a history of making timely 
payments referred to in subparagraph (A). 
‘‘(5) Notwithstanding any other provision of law, if 
the lessee under a coal lease fails to pay any installment
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of a deferred cash bonus bid within 10 days after the Sec-
retary provides written notice that payment of the install-
ment is past due— 
‘‘(A) the lease shall automatically terminate; 
and 
‘‘(B) any bonus payments already made to the 
United States with respect to the lease shall not be 
returned to the lessee or credited in any future lease 
sale.’’. 
SEC. 2107. INVENTORY REQUIREMENT. 
(a) REVIEW OF ASSESSMENTS.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior, in consultation with the Secretary of Agri-
culture and the Secretary of Energy, shall review 
coal assessments and other available data to iden-
tify— 
(A) public lands with coal resources; 
(B) the extent and nature of any restric-
tions or impediments to the development of coal 
resources on public lands identified under para-
graph (1); and 
(C) with respect to areas of such lands for 
which sufficient data exists, resources of com-
pliant coal and supercompliant coal.
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(2) DEFINITIONS.—For purposes of this sub-
section— 
(A) the term ‘‘compliant coal’’ means coal 
that contains not less than 1.0 and not more 
than 1.2 pounds of sulfur dioxide per million 
Btu; and 
(B) the term ‘‘supercompliant coal’’ means 
coal that contains less than 1.0 pounds of sul-
fur dioxide per million Btu. 
(b) COMPLETION AND UPDATING OF THE INVEN-
TORY.—The Secretary— 
(1) shall complete the inventory under sub-
section (a) by not later than 2 years after the date 
of enactment of this Act; and 
(2) shall update the inventory as the availability 
of data and developments in technology warrant. 
(c) REPORT.—The Secretary shall submit to the 
Committee on Resources of the House of Representatives 
and to the Committee on Energy and Natural Resources 
of the Senate and make publicly available— 
(1) a report containing the inventory under this 
section, by not later than 2 years after the effective 
date of this section; and 
(2) each update of such inventory.
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SEC. 2108. APPLICATION OF AMENDMENTS. 
The amendments made by this title apply with re-
spect to any coal lease issued before, on, or after the date 
of the enactment of this Act. 
SEC. 2109. RESOLUTION OF FEDERAL RESOURCE DEVELOP-
MENT CONFLICTS IN THE POWDER RIVER 
BASIN. 
The Secretary of the Interior shall— 
(1) undertake a review of existing authorities to 
resolve conflicts between the development of Federal 
coal and the development of Federal and non-Fed-
eral coalbed methane in the Powder River Basin in 
Wyoming and Montana; and 
(2) not later than 6 months after the date of 
enactment of this Act, report to Congress on alter-
natives to resolve these conflicts and an identifica-
tion of a preferred alternative with specific legisla-
tive language, if any, required to implement the pre-
ferred alternative. 
TITLE XXII—ARCTIC COASTAL 
PLAIN DOMESTIC ENERGY 
SEC. 2201. SHORT TITLE. 
This title may be cited as the ‘‘Arctic Coastal Plain 
Domestic Energy Security Act of 2005’’. 
SEC. 2202. DEFINITIONS. 
In this title:
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(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 (16 U.S.C. 3142(b)(1)), comprising approxi-
mately 1,549,000 acres, and as described in appen-
dix I to part 37 of title 50, Code of Federal Regula-
tions. 
(2) SECRETARY.—The term ‘‘Secretary’’, except 
as otherwise provided, means the Secretary of the 
Interior or the Secretary’s designee. 
SEC. 2203. 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-
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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-
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.— 
(1) REPEAL.—Section 1003 of the Alaska Na-
tional Interest Lands Conservation Act (16 U.S.C. 
3143) is repealed. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1 of such Act is amended by striking 
the item relating to section 1003.
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(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 (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 require-
ments under the National Environmental Policy Act 
of 1969 that apply with respect to prelease activities, 
including actions authorized to be taken by the Sec-
retary 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.
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(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-
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.
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(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 2202(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
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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-
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.
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SEC. 2204. 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. 
(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—
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(1) conduct the first lease sale under this title 
within 22 months after the date of the enactment 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. 2205. 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 2204 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 
Secretary. Prior to any such approval the Secretary shall 
consult with, and give due consideration to the views of, 
the Attorney General. 
SEC. 2206. 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-
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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; 
(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
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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 
2203(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; 
(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
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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. 2207. 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 2203, administer the provisions of this title 
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
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(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-
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 title, the Secretary shall 
prepare and promulgate regulations, lease terms, condi-
tions, restrictions, prohibitions, stipulations, and other
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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. 
(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-
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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. 
(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 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