496
leasing to proceed and the Secretary’s analysis of
environmental effects under this division shall be
presumed to be correct unless shown otherwise by
clear and convincing evidence to the contrary.
(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.
SEC. 6509. 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
the Coastal Plain, including requirements that facilities be
sited or designed so as to avoid unnecessary duplication
of roads and pipelines.
497
(c) REGULATIONS.—The Secretary shall include in
regulations under section 6503(g) provisions granting
rights-of-way and easements described in subsection (a)
of this section.
SEC. 6510. 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 2
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); and
(2) to the Arctic Slope Regional Corporation
the subsurface estate beneath such surface estate
pursuant to the August 9, 1983, agreement between
the Arctic Slope Regional Corporation and the
United States of America.
SEC. 6511. LOCAL GOVERNMENT IMPACT AID AND COMMU-
NITY SERVICE ASSISTANCE.
(a) FINANCIAL ASSISTANCE AUTHORIZED.—
498
(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 title.
(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
environmental, social, cultural, recreational and sub-
sistence values;
(2) implementing mitigation plans and main-
taining mitigation projects; and
(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-
499
fighting, police, water, waste treatment, medivac,
and medical services.
(c) APPLICATION.—
(1) IN GENERAL.—Any community that is eligi-
ble for assistance under this section may submit an
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.
500
(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 on leases and lease
sales authorized under this title.
(4) LIMITATION
ON
DEPOSITS.—The total
amount in the fund may not exceed $10,000,000.
(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.
SEC. 6512. REVENUE ALLOCATION.
(a) IN GENERAL.—Notwithstanding section 6504,
the Mineral Leasing Act (30 U.S.C. 181 et seq.), or any
other law—
(1) 50 percent of the adjusted bonus, rental,
and royalty revenues from oil and gas leasing and
operations authorized under this title shall be paid
to the State of Alaska; and
(2) the balance of such revenues shall be depos-
ited into the Treasury as miscellaneous receipts.
501
(b) ADJUSTMENTS.—Adjustments to bonus, rental,
and royalty amounts from oil and gas leasing and oper-
ations authorized under this title shall be made as nec-
essary for overpayments and refunds from lease revenues
received in current or subsequent periods, prior to dis-
tribution of such revenues pursuant to this section.
(c) PAYMENTS TO STATE.—Payments to the State of
Alaska under this section shall be made quarterly.
TITLE 
VI—CONSERVATION 
OF
ENERGY 
BY 
THE 
DEPART-
MENT OF THE INTERIOR
SEC. 6601. ENERGY CONSERVATION BY THE DEPARTMENT
OF THE INTERIOR.
(a) IN GENERAL.—The Secretary of the Interior
shall—
(1) conduct a study to identify, evaluate, and
recommend opportunities for conserving energy by
reducing the amount of energy used by facilities of
the Department of the Interior; and
(2) wherever feasible and appropriate, reduce
the use of energy from traditional sources by encour-
aging use of alternative energy sources, including
solar power and power from fuel cells, throughout
such facilities and the public lands of the United
States.
502
(b) REPORTS.—The Secretary shall submit to the
Congress—
(1) by not later than 90 days after the date of
the enactment of this Act, a report containing the
findings, conclusions, and recommendations of the
study under subsection (a)(1); and
(2) by not later than December 31 each year,
an annual report describing progress made in—
(A) conserving energy through opportuni-
ties recommended in the report under para-
graph (1); and
(B) encouraging use of alternative energy
sources under subsection (a)(2).
TITLE VII—COAL
SEC. 6701. LIMITATION ON FEES WITH RESPECT TO COAL
LEASE APPLICATIONS AND DOCUMENTS.
Notwithstanding sections 304 and 504 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1734, 1764) and section 9701 of title 31, United States
Code, the Secretary shall not recover the Secretary’s costs
with respect to applications and other documents relating
coal leases.
SEC. 6702. MINING PLANS.
Section 2(d)(2) of the Mineral Leasing Act (30
U.S.C. 202a(2)) is amended—
503
(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
resources.’’.
SEC. 6703. PAYMENT OF ADVANCE ROYALTIES UNDER COAL
LEASES.
(a) IN GENERAL.—Section 7(b) of the Mineral Leas-
ing Act of 1920 (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.
504
‘‘(B) Such advance royalties shall be computed based
on the average price for coal sold in the spot market from
the same region during the last month of each applicable
continued operation year.
‘‘(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.
505
SEC. 6704. 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,’’.
TITLE VIII—INSULAR AREAS
ENERGY SECURITY
SEC. 6801. INSULAR AREAS ENERGY SECURITY.
Section 604 of the Act entitled ‘‘An Act to authorize
appropriations for certain insular areas of the United
States, and for other purposes’’, approved December 24,
1980 (Public Law 96–597; 94 Stat. 3480–3481), is
amended—
(1) in subsection (a)(4) by striking the period
and inserting a semicolon;
(2) by adding at the end of subsection (a) the
following new paragraphs:
‘‘(5) electric power transmission and distribu-
tion lines in insular areas are inadequate to with-
stand damage caused by the hurricanes and ty-
phoons which frequently occur in insular areas and
such damage often costs millions of dollars to repair;
and
‘‘(6) the refinement of renewable energy tech-
nologies since the publication of the 1982 Territorial
506
Energy Assessment prepared pursuant to subsection
(c) reveals the need to reassess the state of energy
production, consumption, infrastructure, reliance on
imported energy, and indigenous sources in regard
to the insular areas.’’;
(3) by amending subsection (e) to read as fol-
lows:
‘‘(e)(1) The Secretary of the Interior, in consultation
with the Secretary of Energy and the chief executive offi-
cer of each insular area, shall update the plans required
under subsection (c) by—
‘‘(A) updating the contents required by sub-
section (c);
‘‘(B) drafting long-term energy plans for such
insular areas with the objective of reducing, to the
extent feasible, their reliance on energy imports by
the year 2010 and maximizing, to the extent fea-
sible, use of indigenous energy sources; and
‘‘(C) drafting long-term energy transmission
line plans for such insular areas with the objective
that the maximum percentage feasible of electric
power transmission and distribution lines in each in-
sular area be protected from damage caused by hur-
ricanes and typhoons.
507
‘‘(2) Not later than May 31, 2003, the Secretary of
the Interior shall submit to Congress the updated plans
for each insular area required by this subsection.’’; and
(4) by amending subsection (g)(4) to read as
follows:
‘‘(4) 
POWER
LINE
GRANTS
FOR
TERRI-
TORIES.—
‘‘(A) IN GENERAL.—The Secretary of the
Interior is authorized to make grants to govern-
ments of territories of the United States to
carry out eligible projects to protect electric
power transmission and distribution lines in
such territories from damage caused by hurri-
canes and typhoons.
‘‘(B) ELIGIBLE PROJECTS.—The Secretary
may award grants under subparagraph (A) only
to governments of territories of the United
States that submit written project plans to the
Secretary for projects that meet the following
criteria:
‘‘(i) The project is designed to protect
electric power transmission and distribu-
tion lines located in one or more of the ter-
ritories of the United States from damage
caused by hurricanes and typhoons.
509
‘‘(vii) The applicant has demonstrated
to the Secretary that the matching funds
required by subparagraph (D) are avail-
able.
‘‘(C) PRIORITY.—When making grants
under this paragraph, the Secretary shall give
priority to grants for projects which are likely
to—
‘‘(i) have the greatest impact on re-
ducing future disaster losses; and
‘‘(ii) best conform with plans that
have been approved by the Federal Govern-
ment or the government of the territory
where the project is to be carried out for
development or hazard mitigation for that
territory.
‘‘(D) 
MATCHING
REQUIREMENT.—The
Federal share of the cost for a project for which
a grant is provided under this paragraph shall
not exceed 75 percent of the total cost of that
project. The non-Federal share of the cost may
be provided in the form of cash or services.
‘‘(E) TREATMENT OF FUNDS FOR CERTAIN
PURPOSES.—Grants provided under this para-
graph shall not be considered as income, a re-
510
source, or a duplicative program when deter-
mining eligibility or benefit levels for Federal
major disaster and emergency assistance.
‘‘(F) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to carry out this paragraph $5,000,000 for each
fiscal year beginning after the date of the en-
actment of this paragraph.’’.
Æ