Barrow Gas Field Transfer Act of 1984
PL 98-366 (H.R.5740), enacted 07/17/1984

98 STAT. 468 
PUBLIC LAW 98-366—JULY 17, 1984 
Public Law 98-366 
98th Congress 
An Act 
July 17, 1984 
[H.R. 5740] 
Barrow Gas 
Field Transfer 
Act of 1984. 
Alaska. 
Research and 
development. 
94 Stat. 2957. 
49 u s e app. 1671 
note. 
42 u s e 4321 
note. 
Fish and fishing. 
Wildlife. 
Cultural 
programs. 
Historic 
preservation. 
42 u s e 6504. 
Entitled, the "Barrow Gas Field Transfer Act of 1984". 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. The following may be cited as the "Barrow Gas Field 
Transfer Act of 1984". 
SEC. 2. (a) The Secretary of the Interior (hereinafter "the Secre-
tary") shall convey to the North Slope Borough the subsurface 
estate held by the United States to the Barrow gas fields and the 
Walakpa gas discovery site, related support facilities, other lands, 
interests, and funds in accordance with the terms and conditions of 
the agreement, including appendix numbered 1, between the Secre-
tary of the Interior and the North Slope Borough dated September 
22, 1983 (hereinafter "the NSB Agreement"), on file with the Senate 
Energy and Natural Resources Committee and the House Interior 
and Insular Affairs Committee, which is hereby incorporated into 
this Act. 
(b) Upon conveyance, the North Slope Borough is authorized, 
notwithstanding any other provision of law, to explore for, develop, 
and produce fluid hydrocarbons within the lands and interests 
granted: Provided, That section 301(a) of the NSB Agreement shall 
not reduce revenues which would otherwise be shared with the State 
of Alaska under the provisions of Public Law 96-514 by providing 
for the disposition of gas at less than the value referred to in section 
301(d) of the NSB Agreement or as a result of the crediting provi-
sions of section 301(a)(3) of the NSB Agreement. 
(c) The Barrow gas fields and related support facilities shall 
continue to be exempt from the Pipeline Safety Act, title 49 of the 
Code of Federal Regulations, and all other rules and regulations 
governing the design, construction, and operation of gas pipelines, 
wells, and related facilities. 
(d) The provisions of the National Environmental Policy Act shall 
apply to any land conveyance under section 203(b) of the NSB 
Agreement. During the NEPA process, the North Slope Borough 
shall consult with the United States Fish and Wildlife Service, the 
Alaska Department of Fish and Game, and the National Park 
Service concerning the fish, wildlife, cultural, and historic values of 
the area to be selected. The Secretary is authorized to approve or 
deny the selection. If denied, the North Slope Borough shall be 
entitled to identify an alternative site, which shall be subject to the 
review process set forth in this section. 
(e) The North Slope Borough shall not make a selection under 
section 203(b) of the NSB Agreement in areas designated by the 
Congress or the Secretary under section 104(b) of the Naval Petro-
leum Reserves Production Act of 1976 for the protection of surface 
values, as depicted on the map set forth on page 125 of the "Final 
Environmental Impact Statement on Oil and Gas Leasing in the 
National Petroleum Reserve in Alaska" dated February 1983, or 
PUBLIC LAW 98-366—JULY 17, 1984 
98 STAT. 469 
within the boundaries of the Kasegaluk Lagoon Potential Natural 
Landmark as identified in study report numbered 2 prepared pursu-
ant to section 105(c) of that Act, or within any area withdrawn or 42 use 6505. 
designated for study pursuant to section 604 of the Alaska National 
Interest Lands C!onservation Act. 
16 use 1276. 
(f) Notwithstanding the time limit specified in the NSB Agree-
ment, the North Slope Borough shall have ten years from the date of 
this Act to make its selection under section 203(b) of the NSB 
Agreement. If, within ninety days of the expiration of the ten-year 
period, or after the expiration of such period, the Secretary denies 
any selection, the North Slope Borough shall select an alternative 
site within ninety days of such denial. If an alternative site is 
denied, the selection and review process in this subsection shall be 
repeated until a site is approved by the Secretary. 
(g) Notwithstanding any provision of the NSB Agreement, the 
Water. 
North Slope Borough shall obtain the right to divert, use, appropri-
ate, or possess water solely through compliance with applicable laws 
of the United States and the State of Alaska. 
(h) Notwithstanding any provision of the NSB Agreement, the 
right of the North Slope Borough to exploit gas and entrained liquid 
hydrocarbons from Federal test wells in the National Petroleum 
Reserve-Alaska shall not apply to test wells in areas designated by 
the Congress or the Secretary under section 104(b) of the Naval 
Petroleum Reserves Production Act of 1976 for the protection of 
42 use 6504. 
surface values, as depicted on the map set forth on page 125 of the 
"Final Environmental Impact Statement on Oil and Gas Leasing in 
the National Petroleum Reserve in Alaska" dated February 1983, or 
within the boundaries of the Kasegaluk Lagoon Potential Natural 
Landmark as identified in study report numbered 2 prepared pursu-
ant to section 105(c) of that Act, or within any area withdrawn or 
42 USe 6505. 
designated for study pursuant to section 604 of the Alaska National 
Interest Lands Conservation Act. 
i^ use 1276. 
(i) The Secretary shall process any application submitted by the 
North Slope Borough under section 203(d) of the NSB Agreement for 
'' 
a right-of-way which crosses, in whole or in part, any lands within 
any area designated by the Congress or the Secretary under section 
104(b) of the Naval Petroleum Reserves Production Act of 1976 for 
42 use 6504. 
the protection of surface values, as depicted on the map set forth on 
page 125 of the "Final Environmental Impact Statement on Oil and 
Gas Leasing in the National Petroleum Reserve in Alaska" dated 
February 1983, or within the boundaries of the Kasegaluk Lagoon 
Potential Natural Landmark as identified in study report numbered 
2 prepared pursuant to section 105(c) of that Act, or within any area 
42 USe 6505. 
withdrawn or designated for study pursuant to section 604 of the 
Alaska National Interest Lands CJonservation Act, under the provi- 
16 use 1276. 
sions of title XI of the Alaska National Interest Lands Conservation 
Act. In processing any such application for a right-of-way which 
16 use 3161. 
crosses, in whole or in part, any lands within any area designated by 
the Congress or the Secretary under section 104(b) of the Naval 
Petroleum Reserves Production Act of 1976, the protection of the 
42 use 6504. 
values and the continuation of the uses specified in section 104(b) of 
that Act shall be considered to be the purposes for which the area 
was established. 
(j) Nothing in this Act or in the NSB Agreement shall be con-
strued as amending the provisions of the Alaska National Interest 
Lands (Conservation Act or as amending or repealing any other 
16 use 3101 
note. 
98 STAT. 470 
PUBLIC LAW 98-366—JULY 17, 1984 
16 use 3102. 
Ukpeagvik 
Inupiat 
Corporation. 
43 u s e 1761. 
30 use 185. 
Arctic Slope 
Regional 
Corporation. 
94 Stat. 2533. 
provision of law applicable to any conservation system unit, as that 
term is defined in section 102(4) of that Act. 
SEC. 3. The Secretary of the Interior shall convey to Ukpeagvik 
Inupiat Corporation (hereinafter "UIC"), subject to valid existing 
rights, all right, title, and interest held by the United States to sand 
and gravel underlying the surface estate owned by UIC in the 
Barrow gas fields and Walakpa gas discovery site, upon execution of 
an easement agreement with the North Slope Borough, satisfactory 
to the North Slope Borough, in consideration for the conveyance to 
UIC of such sand and gravel, providing for easements, for all 
purposes associated with operation, maintenance, development, pro-
duction, generation, or transportation of energy, including the 
transmission of electricity, from the Barrow gas fields, the Walakpa 
discovery site, or from any other source of energy chosen by the 
North Slope Borough, to supply energy to Barrow, Wainwright, and 
Atkasook, and providing such easements when and where required 
as determined by the North Slope Borough during the life of such 
fields or other energy sources. 
SEC. 4. (a) Section 102 of the Naval Petroleum Reserves Production 
Act of 1976 (42 U.S.C. 6502) is amended by adding "and the North 
Slope Borough" immediately after "Alaska Natives", by deleting 
"and" immediately after "responsibilities under this Act,", and by 
replacing the period following "Alaska Native Claims Settlement 
Act" with ", and (4) grant such rights-of-way to the North Slope 
Borough, under the provisions of title V of the Federal Land Policy 
and Management Act of 1976 or section 28 of the Mineral Leasing 
Act, as amended, as may be necessary to permit the North Slope 
Borough to provide energy supplies to villages on the North Slope." 
(b) Section 104(e) of the Naval Petroleum Reserves Production Act 
of 1976 (42 U.S.C. 6504(e)) is repealed effective October 1, 1984. 
SEC. 5. (a) In consideration for the relinquishment of rights that 
Arctic Slope Regional Corporation has under section 1431(o) of the 
Alaska National Interest Lands Conservation Act, Public Law 96-
487, 94 Stat. 2371, 2541, to the subsurface resources in the Barrow 
gas fields and the Walakpa gas discovery site conveyed to the North 
Slope Borough and Ukpeagvik Inupiat Corporation pursuant to 
sections 2 and 3 of this Act, the Secretary of the Interior and Arctic 
Slope Regional Corporation are authorized to exchange lands and 
interests as set forth in the separate agreement between the Secre-
tary and Arctic Slope Regional Corporation dated January 24, 1984 
(hereinafter "the ASRC Agreement"), on file with the Senate 
Energy and Natural Resources Committee and the House Interior 
and Insular Affairs Committee. The specific terms, conditions, and 
covenants of the ASRC Agreement are hereby incorporated into this 
Act and ratified, as to the rights, duties, and obligations of the 
United States and Arctic Slope Regional Corporation and as to the 
rights and interests of the North Slope Borough, as a matter of 
Federal law. 
(b) Notwithstanding the provisions of paragraph 4 of the ASRC 
Agreement, in lieu of the additional 69,120 acres of subsurface estate 
to be identified by ASRC pursuant to said paragraph 4, ASRC shall 
identify for conveyance or relinquishment to the United States, as 
appropriate, the 101,272 acres of subsurface estate beneath the 
surface estate of the lands described in subparagraphs 2 (a), (b) and 
(d) of the August 9, 1983 agreement between Arctic Slope Regional 
Corporation and the United States of America. 
PUBLIC LAW 98-366—JULY 17, 1984 
98 STAT. 471 
(c) To the extent that any provision or interpretation of the NSB 
Agreement is inconsistent with the provisions of this section or the 
ASRC Agreement, the provisions of this section and of the ASRC 
Agreement shall prevail. 
(d) All of the lands, or interest therein, conveyed to and received 
Arctic Slope 
by Arctic Slope Regional Corporation pursuant to this section or the 
n^^^°"^H 
ASRC Agreement and pursuant to the August 9, 1983 agreement 
"'•""'"'' 
between Arctic Slope Regional Corporation and the United States of 
America shall, in addition to other applicable authority, be deemed 
conveyed and received pursuant to exchanges under section 22(f) of 
the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 
1601,1621(f)). 
Approved July 17, 1984. 
Corporation. 
LEGISLATIVE HISTORY—H.R. 5740: 
HOUSE REPORT No. 98-843 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
June 18, considered and passed House. 
June 28, considered and passed Senate.