Sec. 112. Leasing program for land within the Coastal Plain
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The Secretary shall take such actions as are necessary— to establish and implement, in accordance with this subtitle, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and to administer this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that require the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.
Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed. The table of contents contained in section 1 of that Act ( 16 U.S.C. 3101 note) is amended by striking the item relating to section 1003. The Final Legislative Environmental 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 requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities under this subtitle, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this subtitle before the conduct of the first lease sale.
Before conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the actions authorized by this subtitle that are not referred to in paragraph (1). Notwithstanding any other provision of law, in carrying out this paragraph, the Secretary shall not be required— to identify nonleasing alternative courses of action; or to analyze the environmental effects of those courses of action.
Not later than 18 months after the date of enactment of this Act, the Secretary shall— identify only a preferred action and a single leasing alternative for the first lease sale authorized under this subtitle; and analyze the environmental effects and potential mitigation measures for those 2 alternatives. In carrying out this paragraph, the Secretary shall consider only public comments that are filed not later than 20 days after the date of publication of a draft environmental impact statement.
Notwithstanding any other provision of law, compliance with this paragraph shall be considered to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle. Nothing in this subtitle expands or limits any State or local regulatory authority. The Secretary, after consultation with the State of Alaska, the North Slope Borough, Alaska, and the City of Kaktovik, Alaska, may designate not more than 45,000 acres of the Coastal Plain as a special area if the Secretary determines that the special area would be of such unique character and interest as to require special management and regulatory protection.
The Secretary shall designate as a special area in accordance with subparagraph
(A)the Sadlerochit Spring area, comprising approximately 4,000 acres as depicted on the map. The Secretary shall manage each special area designated under this subsection in a manner that preserves the unique and diverse character of the area, including fish, wildlife, subsistence resources, and cultural values of the area. The Secretary may exclude any special area designated under this subsection from leasing. If the Secretary leases all or a portion of a special area for the purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the land comprising the special area. Notwithstanding any other provision of this subsection, the Secretary may lease all or a portion of a special area under terms that permit the use of horizontal drilling technology from sites on lease tracts located outside the special area. The Secretary may not close land within the Coastal Plain to oil and gas leasing or to exploration, development, or production except in accordance with this subtitle. Not later than 15 months after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this subtitle, including rules and regulations relating to protection of the fish and wildlife, fish and wildlife habitat, subsistence resources, and environment of the Coastal Plain. The Secretary shall periodically review and, as appropriate, revise the rules and regulations issued under paragraph
(1)to reflect any significant biological, environmental, scientific or engineering data that come to the attention of the Secretary.
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U.S. Code
- Production of oil and gas from Arctic National Wildlife Refuge prohibited§ 3143
- Congressional statement of purpose§ 3101
- Arctic National Wildlife Refuge coastal plain resource assessment§ 3142
- Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts§ 4332
- Congressional declaration of purpose§ 4321
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Sec. 112
Leasing program for land within the Coastal Plain
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