[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3203 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 3203
To provide for economic development and access to resources in Alaska,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2016
Ms. Murkowski (for herself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for economic development and access to resources in Alaska,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Alaska Economic
Development and Access to Resources Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--FILL TAPS
Sec. 101. Plan for new production on Federal land in Alaska.
TITLE II--OUTER CONTINENTAL SHELF
Sec. 201. Outer Continental Shelf oil and gas leases offshore Alaska.
Sec. 202. Inclusion of certain lease sales in the oil and gas leasing
program.
TITLE III--FEDERAL ONSHORE
Subtitle A--Authorizing Alaska Production
Sec. 301. Definitions.
Sec. 302. Leasing program for land within the Undeformed Area of the
Coastal Plain.
Sec. 303. Lease sales.
Sec. 304. Grant of leases by the Secretary.
Sec. 305. Lease terms and conditions.
Sec. 306. Undeformed Area of the Coastal plain environmental
protection.
Sec. 307. Rights-of-way and easements across Undeformed Area of the
Coastal Plain.
Sec. 308. Conveyance.
Sec. 309. Clarification of western coastal boundary of ANWR.
Sec. 310. Local government impact aid and community service assistance.
Subtitle B--National Petroleum Reserve-Alaska
Sec. 311. Leasing requirement.
Sec. 312. Plan for exploration and evaluation of gravel sources.
TITLE IV--MINING
Sec. 401. Department of Energy grants for extraction and purification
of rare earth elements.
Sec. 402. Valid existing claims.
Sec. 403. ANILCA clarification: Limitation on land use designations.
TITLE V--FORESTRY
Sec. 501. Roadless Area Conservation Rule exemption.
Sec. 502. Alaska Mental Health Trust land exchange.
Sec. 503. Tongass State forest facilitation.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior.
TITLE I--FILL TAPS
SEC. 101. PLAN FOR NEW PRODUCTION ON FEDERAL LAND IN ALASKA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall develop a plan that will result, by
2026, in an increase in production on Federal land in the State of
Alaska of 500,000 barrels of oil per day.
(b) Increase in Entitlement.--
(1) In general.--If the Secretary does not develop the plan
under subsection (a) by the deadline described in that
subsection, the Secretary shall increase the acreage of land to
which the State of Alaska is entitled under the Act of July 7,
1958 (commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21; Public Law 85-508) and other applicable
Federal law by 1,000,000 acres.
(2) Additional increases.--For each additional year for
which the Secretary does not meet the deadline described in
subsection (a), the Secretary shall increase the acreage of
land described in paragraph (1) by an additional 1,000,000
acres.
TITLE II--OUTER CONTINENTAL SHELF
SEC. 201. OUTER CONTINENTAL SHELF OIL AND GAS LEASES OFFSHORE ALASKA.
The Outer Continental Shelf Lands Act is amended by inserting after
section 9 (43 U.S.C. 1338) the following:
``SEC. 10. LEASES IN ALASKA OUTER CONTINENTAL SHELF REGION.
``(a) Suspension Periods.--
``(1) In general.--Notwithstanding any other provision of
law, any oil and gas lease on the outer Continental Shelf
Alaska region issued under section 8 on or after the date of
enactment of the Alaska Economic Development and Access to
Resources Act shall be subject to 1 suspension period each
year, as described in paragraph (2), during which the primary
term of the lease shall not run.
``(2) Suspension period described.--The suspension period
referred to in paragraph (1) is a suspension period selected by
the lessee of either the period--
``(A) beginning on November 1 of a calendar year
and ending on June 30 of the succeeding calendar year;
or
``(B) beginning on March 1 of a calendar year and
ending on October 31 of the same calendar year.
``(3) Written notice.--The lessee shall provide to the
Secretary written notice of the selection of the suspension
period under paragraph (2).
``(4) Modification of suspension period.--After providing
written notice to the Secretary, the lessee may modify the
suspension period selected under paragraph (2), which
modification shall be effective for the year following the
lease year during which the Secretary receives the notice of
the modification.
``(5) Operations authorized.--Notwithstanding paragraph
(1), a lessee or operator of an oil and gas lease on the outer
Continental Shelf Alaska region may conduct operations under
the lease during the suspension period, on the condition that
the term of the lease shall run for the number of days that the
lessee or operator conducts the operations during the
suspension period.
``(6) Rental payments.--For any lease subject to a
suspension period under this section, the lessee shall make
rental payments for the entire lease year.
``(7) Election required for existing leases.--
``(A) In general.--Notwithstanding any other
provision of law, this subsection shall apply to an oil
and gas lease on the outer Continental Shelf Alaska
region in effect on the date of enactment of the Alaska
Economic Development and Access to Resources Act only
if, not later than 90 days after that date, the lessee
provides to the Secretary written notice that the
lessee is electing to accept the provisions of this
subsection with respect to that lease.
``(B) Annual rental increase.--If the lessee elects
under subparagraph (A) to accept the provisions of this
subsection with respect to an oil and gas lease of the
lessee, beginning in the lease year that is 10 years
after the effective date of the lease, the annual
rental established for that lease shall increase by
$2.50 per hectare per year.
``(b) Minimum Primary Lease Term.--Notwithstanding any other
provision of law, the Secretary shall not issue an oil and gas lease on
the outer Continental Shelf Alaska region for a primary term of fewer
than 10 years.
``(c) Sharing Increased Revenues With the State of Alaska.--
Notwithstanding section 9, for each applicable fiscal year, the
Secretary of the Treasury shall disburse 90 percent of the amounts
collected in that fiscal year as a result of the increase in annual
rental payments under subsection (a)(7)(B) to the State of Alaska.
``(d) Effect.--Nothing in this section limits the authority of the
Secretary to grant or direct a suspension of a lease or permit under
section 5(a)(1).''.
SEC. 202. INCLUSION OF CERTAIN LEASE SALES IN THE OIL AND GAS LEASING
PROGRAM.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended by adding at the end the following:
``(i) Inclusion of Certain Lease Sales.--The Secretary shall
include in the leasing program for fiscal years 2017 through 2023
prepared in accordance with this section provisions for the conduct
of--
``(1) in the Beaufort planning area, 1 lease sale in each
of fiscal years 2017 and 2022;
``(2) in the Cook Inlet planning area, 1 lease sale in each
of fiscal years 2017 and 2019; and
``(3) in the Chukchi planning area, 1 lease sale in each of
fiscal years 2017 and 2019.''.
TITLE III--FEDERAL ONSHORE
Subtitle A--Authorizing Alaska Production
SEC. 301. DEFINITIONS.
In this subtitle:
(1) Final statement.--The term ``Final Statement'' means
the final legislative environmental impact statement on the
Coastal Plain, dated April 1987, and prepared pursuant to--
(A) section 1002 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3142); and
(B) section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(2) Undeformed area of the coastal plain.--The term
``Undeformed Area of the Coastal Plain'' means the
approximately 375,000 acres generally depicted as the
undeformed area north of the Marsh Creek anticline in figure 2
of fact sheet 0028-01 of the United States Geological Survey.
SEC. 302. LEASING PROGRAM FOR LAND WITHIN THE UNDEFORMED AREA OF THE
COASTAL PLAIN.
(a) In General.--
(1) Authorization.--Congress authorizes the exploration,
leasing, development, production, and economically feasible and
prudent transportation of oil and gas in and from the
Undeformed Area of the Coastal Plain.
(2) Actions.--The Secretary shall take such actions as are
necessary--
(A) 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
Undeformed Area of the Coastal Plain; and
(B) to administer this subtitle through
regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, and other provisions that--
(i) ensure the oil and gas exploration,
development, and production activities on the
Undeformed Area of the Coastal Plain will
result in no significant adverse effect on fish
and wildlife, fish and wildlife habitat,
subsistence resources, and the environment; and
(ii) 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.
(b) Repeal.--
(1) Repeal.--Section 1003 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3143) is repealed.
(2) Conforming amendment.--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.
(c) Compliance With Requirements Under Certain Other Laws.--
(1) Compatibility.--For purposes of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.)--
(A) the oil and gas preleasing and leasing program,
and activities authorized by this section in the
Undeformed Area of the Coastal Plain, shall be
considered to be compatible with the purposes for which
the Arctic National Wildlife Refuge was established;
and
(B) no further findings or decisions shall be
required to implement that program and those
activities.
(2) Adequacy of the department of the interior's
legislative environmental impact statement.--The Final
Statement shall be considered to satisfy the requirements under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) that apply with respect to preleasing, including
exploration programs and 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.
(3) Compliance with nepa for other actions.--
(A) In general.--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 (2).
(B) Identification and analysis.--Notwithstanding
any other provision of law, in carrying out this
paragraph, the Secretary shall not--
(i) identify nonleasing alternative courses
of action; or
(ii) analyze the environmental effects of
those courses of action.
(C) Identification of preferred action.--Not later
than 1 year 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.
(D) Effect of compliance.--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.
(d) Relationship to State and Local Authority.--Nothing in this
subtitle expands or limits any State or local regulatory authority.
(e) Limitation on Closed Areas.--The Secretary shall not close land
within the Undeformed Area of the Coastal Plain to oil and gas leasing
or to exploration, development, or production except in accordance with
this subtitle.
(f) Regulations.--Not later than 1 year after the date of enactment
of this Act, in consultation with the State of Alaska, North Slope
Borough, Alaska, the City of Kaktovik, Alaska, and the Arctic Slope
Regional Corporation, the Secretary shall promulgate such regulations
as are necessary to carry out this subtitle.
(g) Authorization on KIC-ASRC Private Land.--Exploratory drilling,
leasing, development, and production of oil and gas resources are
authorized on the KIC-ASRC private land described in Appendix 2 of the
agreement between Arctic Slope Regional Corporation and the United
States, dated August 9, 1983.
SEC. 303. LEASE SALES.
(a) In General.--Land may be leased pursuant to this subtitle to
any person qualified to obtain a lease for deposits of oil and gas
under the Mineral Leasing Act (30 U.S.C. 181 et seq.).
(b) Procedures.--The Secretary shall, by regulation, establish
procedures for--
(1) receipt and consideration of sealed nominations for any
area in the Undeformed Area of the Coastal Plain for inclusion
in a lease sale;
(2) the holding of lease sales after the nomination process
described in paragraph (1); and
(3) public notice of and comment on designation of areas to
be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Bidding for leases under this subtitle shall
be by sealed competitive cash bonus bids.
(d) Acreage Minimum in First Sale.--For the first lease sale under
this subtitle, the Secretary shall offer for lease those tracts the
Secretary considers to have the greatest potential for the discovery of
hydrocarbons, taking 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) not later than 18 months after the date of enactment of
this Act, conduct the first lease sale under this subtitle;
(2) not later than 1 year after the date on which the first
lease sale is conducted under paragraph (1), conduct a second
lease sale under this subtitle; and
(3) conduct additional sales at appropriate intervals if
sufficient interest in exploration or development exists to
warrant the conduct of the additional sales.
SEC. 304. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--Upon payment by a lessee of such bonus as may be
accepted by the Secretary, the Secretary shall grant to the highest
responsible qualified bidder in a lease sale conducted pursuant to
section 303 a lease for any land on the Undeformed Area of the Coastal
Plain.
(b) Subsequent Transfers.--
(1) In general.--No lease issued under this subtitle may be
sold, exchanged, assigned, sublet, or otherwise transferred
except with the approval of the Secretary.
(2) Condition for approval.--Before granting any approval
described in paragraph (1), the Secretary shall consult with
and give due consideration to the opinion of the attorney
general.
SEC. 305. LEASE TERMS AND CONDITIONS.
(a) In General.--An oil or gas lease issued pursuant to this
subtitle shall--
(1) provide for the payment of a royalty of not less than
12\1/2\ percent of the amount or value of the production
removed or sold from the lease, as determined by the Secretary
in accordance with regulations applicable to other Federal oil
and gas leases;
(2) provide that the Secretary, after consultation with the
State of Alaska, North Slope Borough, Alaska, the City of
Kaktovik, Alaska, and the Arctic Slope Regional Corporation,
may close, on a seasonal basis, such portions of the Undeformed
Area of the Coastal Plain to exploratory drilling activities as
are necessary to protect caribou calving areas and other
species of fish and wildlife;
(3) require that each lessee of land within the Undeformed
Area of the Coastal Plain shall be fully responsible and liable
for the reclamation of land within the Undeformed Area of the
Coastal Plain and any other Federal land that is adversely
affected in connection with exploration, development,
production, or transportation activities within the Undeformed
Area of the Coastal Plain conducted 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 responsibility and
liability described in paragraph (3) to another person without
the express written approval of the Secretary;
(5) provide that the standard of reclamation for land
required to be reclaimed under this subtitle shall be, to the
maximum extent practicable--
(A) a condition capable of supporting the uses that
the land was capable of supporting prior to any
exploration, development, or production activities; or
(B) on application by the lessee, to a higher or
better standard, as approved by the Secretary;
(6) contain terms and conditions relating to protection of
fish and wildlife, fish and wildlife habitat, subsistence
resources, and the environment as required under section
302(a)(2); and
(7) provide that each lessee, and each agent and contractor
of a lessee, shall use their best efforts to provide a fair
share of employment and contracting for Alaska Natives and
Alaska Native Corporations from throughout the State of Alaska,
as determined by the level of obligation previously agreed to
in the Federal Agreement and Grant Right-of-Way for the Trans-
Alaska Pipeline issued on January 23, 1974, in accordance with
section 28 of the Mineral Leasing Act (30 U.S.C. 185) and the
Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et
seq.).
(b) Project Labor Agreements.--The Secretary, as a term and
condition of each lease under this subtitle, and in recognizing the
proprietary interest of the Federal Government 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 pursuant to this subtitle (including the special concerns
of the parties to those leases), shall require that each lessee, and
each agent and contractor of a lessee, under this subtitle negotiate to
obtain a project labor agreement for the employment of laborers and
mechanics on production, maintenance, and construction under the lease.
SEC. 306. UNDEFORMED AREA OF THE COASTAL PLAIN ENVIRONMENTAL
PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized
Activities on Undeformed Area of the Coastal Plain.--In accordance with
section 302, the Secretary shall administer this subtitle through
regulations, lease terms, conditions, restrictions, prohibitions,
stipulations, or other provisions that--
(1) ensure, to the maximum extent practicable, that oil and
gas exploration, development, and production activities on the
Undeformed Area of the Coastal Plain will result in no
significant adverse effect on fish and wildlife, fish and
wildlife habitat, subsistence resources, and the environment;
(2) require the application of the best commercially
available technology for oil and gas exploration, development,
and production on all new exploration, development, and
production operations; and
(3) ensure that the maximum surface acreage covered in
connection with the leasing program by production and support
facilities, including airstrips and any areas covered by gravel
berms or piers for support of pipelines, does not exceed 2,000
acres on the Undeformed Area of the Coastal Plain.
(b) Site-Specific Assessment and Mitigation.--The Secretary shall
require, with respect to any proposed drilling and related activities
on the Undeformed Area of the Coastal Plain, that--
(1) a site-specific environmental analysis be made of the
probable effects, if any, that the drilling or related
activities will have on fish and wildlife, fish and wildlife
habitat, subsistence resources, and the environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the maximum extent practicable) any
significant adverse effect identified under paragraph (1); and
(3) the development of the plan occur after consultation
with--
(A) each agency having jurisdiction over matters
mitigated by the plan;
(B) the State of Alaska;
(C) North Slope Borough, Alaska;
(D) the City of Kaktovik, Alaska; and
(E) the Arctic Slope Regional Corporation.
(c) Regulations To Protect Undeformed Area of the Coastal Plain
Fish and Wildlife Resources, Subsistence Users, and the Environment.--
Before implementing the leasing program authorized by this subtitle,
the Secretary shall prepare and promulgate regulations, lease terms,
conditions, restrictions, prohibitions, stipulations, or other measures
designed to ensure, to the maximum extent practicable, that the
activities carried out on the Undeformed Area of the Coastal Plain
under this subtitle are conducted in a manner consistent with the
purposes and environmental requirements of this subtitle.
(d) Compliance With Federal and State Environmental Laws and Other
Requirements.--The regulations, lease terms, conditions, restrictions,
prohibitions, and stipulations for the leasing program under this
subtitle shall require--
(1) compliance with all applicable provisions of Federal
and State environmental law (including regulations); and
(2) implementation of and compliance with--
(A) standards that are at least as effective as the
safety and environmental mitigation measures, as
described in items 1 through 29 on pages 167 through
169 of the Final Statement;
(B) reclamation and rehabilitation requirements in
accordance with this subtitle for the removal from the
Undeformed Area of the Coastal Plain of all oil and gas
development and production facilities, structures, and
equipment on completion of oil and gas production
operations, except in a case in which the Secretary
determines that those facilities, structures, or
equipment--
(i) would assist in the management of the
Arctic National Wildlife Refuge; and
(ii) are donated to the United States for
that purpose; and
(C) reasonable stipulations for protection of
cultural and archaeological resources.
(e) Access to Public Land.--The Secretary shall--
(1) manage public land in the Undeformed Area of the
Coastal Plain in accordance with subsections (a) and (b) of
section 811 of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3121); and
(2) ensure that local residents shall have reasonable
access to public land in the Undeformed Area of the Coastal
Plain for traditional uses.
SEC. 307. RIGHTS-OF-WAY AND EASEMENTS ACROSS UNDEFORMED AREA OF THE
COASTAL PLAIN.
For purposes of section 1102(4)(A) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3162(4)(A)), any rights-of-way or
easements across the Undeformed Area of the Coastal Plain for the
exploration, development, production, or transportation of oil and gas
shall be considered to be established incident to the management of the
Undeformed Area of the Coastal Plain under this section.
SEC. 308. CONVEYANCE.
(a) In General.--Notwithstanding section 1302(h)(2) of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), to
remove any cloud on title to land, and to clarify land ownership
patterns, the Secretary shall--
(1) to the extent necessary to fulfill the entitlement of
the Kaktovik Inupiat Corporation under sections 12 and 14 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613),
as determined by the Secretary, convey to that Corporation the
surface estate of the land described in paragraph (1) of Public
Land Order 6959, in accordance with the terms and conditions of
the agreement between the Secretary, the United States Fish and
Wildlife Service, the Bureau of Land Management, and the
Kaktovik Inupiat Corporation, dated January 22, 1993; and
(2) convey to the Arctic Slope Regional Corporation the
remaining subsurface estate to which that Corporation is
entitled under the agreement between that corporation and the
United States, dated August 9, 1983.
(b) Land Adjacent to and Southwest of ANWR.--As a condition of
receipt of the benefits under this subtitle, the State of Alaska shall
convey to the United States all right, title, and interest in and to
the approximately 598,767 acres generally depicted as ``Proposed Trade
Land'' on the map entitled ``Proposed ANWR Exchange'', prepared by the
State of Alaska Department of Natural Resources, and dated July 2015.
SEC. 309. CLARIFICATION OF WESTERN COASTAL BOUNDARY OF ANWR.
The western coastal boundary of Arctic National Wildlife Refuge is
defined--
(1) as the boundary originally established as part of the
Alaska Arctic Wildlife Range under Public Land Order 2214,
dated December 6, 1960 (25 Fed. Reg. 12598); and
(2) consistent with the order of the case styled United
States v. Alaska (521 U.S. 1 (1997)).
SEC. 310. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.
(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury a
fund to be known as the ``Undeformed Area of the Coastal Plain
Local Government Impact Aid Assistance Fund'' (referred to in
this section as the ``Fund'').
(2) Use.--Amounts in the Fund may be used only to provide
financial assistance in accordance with subsection (b).
(3) Deposits.--Subject to paragraph (4), of amounts of
revenues payable to the State of Alaska under section 35 of the
Mineral Leasing Act (30 U.S.C. 191) that are derived from
rents, bonuses, and royalties from Federal leases and lease
sales authorized under this subtitle--
(A) $28,000,000 shall be deposited in the Fund for
the first fiscal year for which amounts are received by
the United States from Federal leases and lease sales
authorized under this subtitle; and
(B) $7,000,000 shall be deposited in the Fund for
each fiscal year thereafter.
(4) Limitation on deposits.--The total amount in the Fund
may not exceed $28,000,000.
(5) Investment of balances.--The Secretary of the Treasury
shall invest amounts in the Fund in interest-bearing securities
of the United States.
(b) Financial Assistance.--
(1) In general.--The Secretary may use amounts available
from the Fund to provide timely financial assistance to North
Slope Borough, Alaska, the City of Kaktovik, Alaska, and any
other borough, municipal subdivision, village, or other
community in the State of Alaska that is directly impacted by
exploration for, or the production of, oil or gas on the
Undeformed Area of the Coastal Plain under this subtitle, as
determined by the Secretary.
(2) Use of assistance.--Financial assistance provided under
this subsection may be used only for--
(A) planning for mitigation of the potential
effects of oil and gas exploration and development on
environmental, social, cultural, recreational, and
subsistence values;
(B) implementing mitigation plans and maintaining
mitigation projects;
(C) developing, carrying out, and maintaining
projects and programs that provide new or expanded
public facilities and services to address needs and
problems associated with the effects described in
subparagraph (A), including firefighting, police,
water, waste treatment, medivac, and medical services;
and
(D) the establishment by North Slope Borough,
Alaska, of a coordination office in the City of
Kaktovik, Alaska--
(i) to coordinate with and advise
developers on local conditions of, impacts on,
and the history of the areas utilized for
development under this subtitle; and
(ii) to provide to the Committee on Natural
Resources of the House of Representatives and
the Committee on Energy and Natural Resources
of the Senate an annual report that describes
the status of coordination between developers
and the communities affected by development
under this subtitle.
(c) Application.--
(1) In general.--To receive assistance under subsection
(b), a community described in subsection (b)(1) shall submit to
the Secretary an application for assistance, in such form and
under such procedures as the Secretary may prescribe by
regulation.
(2) North slope borough communities.--A community located
in North Slope Borough, Alaska, may apply for assistance under
this section either directly with the Secretary or through the
North Slope Borough.
(3) Application assistance.--The Secretary shall work
closely with and assist North Slope Borough, Alaska, and other
communities eligible for assistance under this section in
developing and submitting applications under this subsection.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary from the Fund $7,000,000 for each fiscal
year to provide financial assistance under this section.
Subtitle B--National Petroleum Reserve-Alaska
SEC. 311. LEASING REQUIREMENT.
(a) Definition of Map.--In this section, the term ``map'' means the
Preferred Alternative, as drawn in Figure II.C.1 in the Northeast
National Petroleum Reserve-Alaska, Integrated Activity Plan/
Environmental Impact Statement Record of Decision, dated October 1998.
(b) Requirement.--The Secretary shall offer one or more area-wide
oil and gas lease sales in areas identified on the map as ``Available
for Oil & Gas Leasing''.
SEC. 312. PLAN FOR EXPLORATION AND EVALUATION OF GRAVEL SOURCES.
(a) In General.--To further enhance the potential for oil and gas
development in the National Petroleum Reserve-Alaska, the Secretary
shall develop a plan for exploration and evaluation in the National
Petroleum Reserve-Alaska of gravel sources suitable for the
construction of roads and pads necessary for the oil and gas
development (referred to in this section as the ``plan'').
(b) Deadline for Submission of Plan to Congress.--Not later than
180 days after the date of enactment of this Act, the Secretary shall
submit to Congress the plan.
(c) Implementation of Plan.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall implement, and submit to
Congress the results of the implementation of, the plan.
(d) Cooperation Required.--The Secretary of Defense shall cooperate
with the Secretary in the implementation of the plan.
TITLE IV--MINING
SEC. 401. DEPARTMENT OF ENERGY GRANTS FOR EXTRACTION AND PURIFICATION
OF RARE EARTH ELEMENTS.
(a) Purpose.--The purpose of this section is to provide Department
of Energy grants for the development of more environmentally acceptable
and less expensive ways to separate and process rare earth elements,
which would increase the likelihood of economic production of rare
earth elements in North America.
(b) Definitions.--In this section:
(1) Rare earth element.--
(A) In general.--The term ``rare earth element''
means a chemical element in the periodic table from
lanthanum (atomic number 57) through lutetium (atomic
number 71).
(B) Inclusions.--The term ``rare earth element''
includes the similar chemical elements scandium (atomic
number 21) and yttrium (atomic number 39).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(c) Department of Energy Grants for Extraction and Purification of
Rare Earth Elements.--
(1) In general.--The Secretary shall establish a program in
the Department of Energy under which the Secretary shall
provide to applicants grants for the development and
demonstration of new processes--
(A) to extract and purify rare earth elements using
environmentally benign technologies; and
(B) that would result in--
(i) the separation of individual rare earth
elements; and
(ii) the production of solid rare earth
salts, which are the materials necessary for
the manufacturing of downstream products.
(2) Inclusions.--In providing grants under paragraph (1),
the Secretary shall provide to applicants grants for the
testing of green chemistry processes in the separation process
for rare earth element extraction, with an emphasis on closed
loop systems that can produce relatively heavy rare earth
elements such as dysprosium (Dy), terbium (Tb), and europium
(Eu).
(d) Pilot Plant for Rare Earth Element Separation and Processing.--
The Secretary shall develop, construct, and demonstrate a pilot plant
to provide proof of concept for rare earth element separation and
processing using molecular recognition technology.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, of
which not less than $7,500,000 shall be made available to provide
grants under subsection (c)(2).
SEC. 402. VALID EXISTING CLAIMS.
(a) Definitions.--In this section:
(1) Claim.--The term ``claim'' means an unpatented lode
mining claim, placer claim, mill site, or tunnel site located
under the general mining laws.
(2) Federal land.--The term ``Federal land'' means land or
an interest in land that--
(A) is owned by the United States; and
(B)(i) is open to mineral entry and location; or
(ii) was open to mineral entry and location at the
time of the entry or location.
(3) Mineral activity.--The term ``mineral activity'' means
any of the following activities carried out on Federal land
under a claim, whether with a discovery or without a discovery,
or off of a claim:
(A) Any activity for mineral prospecting,
exploration, development, mining, extraction, milling,
beneficiation, processing, or storage of mined or
processed materials.
(B) Any reclamation activity for any locatable
mineral.
(C) Any activity that is reasonably incident to an
activity described in subparagraph (A) or (B),
including the construction and use of roads,
transmission lines, water wells, pipelines, utility
corridors, and other means of access across Federal
land for ancillary facilities used in conjunction with
the activity.
(4) Withdrawal or other action.--The term ``withdrawal or
other action'' means any withdrawal or any Federal management
regulatory action or other action that withholds an area of
Federal land from settlement, sale, location, or entry under
some or all of the general land laws for the purpose of
affecting mining or mineral activity in order to maintain other
public values in the area.
(b) Exclusion.--Any claim located prior to any withdrawal--
(1) is excluded from withdrawal or other action;
(2) shall be considered to be--
(A) valid for the purposes of mining or mineral
activity; and
(B) a valid existing right until such time as the
Secretary successfully contests the validity of such a
claim.
(c) Burden of Proof.--With respect to a contest described in
subsection (b)(2)(B), any burden of proof or costs shall be the
responsibility of the Secretary.
(d) Application.--Any law (including regulations) or Federal action
that applies to a claim located within an area of Federal land subject
to a withdrawal or other action shall not apply to a claim described in
subsection (b).
SEC. 403. ANILCA CLARIFICATION: LIMITATION ON LAND USE DESIGNATIONS.
Section 1326 of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3213) is amended by adding at the end the following:
``(c) Limitation on Land Use Designations.--
``(1) In general.--Consistent with the intent of Congress
expressed in section 101(d), no executive branch action
described in paragraph (2) shall be effective unless the
requirements of paragraph (3) are met with respect to the
executive branch action.
``(2) Description of executive branch action.--An executive
branch action referred to in paragraph (1) is any executive
branch action that--
``(A) designates more than 5,000 acres of public
lands within the State; and
``(B) limits, or has the effect of limiting or
impeding, activities and uses allowed on public lands
as of the date of enactment of this subsection,
including designations and management of public lands
as a wilderness study area, a component of the National
Wild and Scenic Rivers System, a critical habitat under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), an area of critical environmental concern (as
defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)), and any
similar land use designation or management of public
lands pursuant to any Federal land use law.
``(3) Requirements.--
``(A) In general.--The President or the Secretary
may only take an executive branch action described in
paragraph (2) with respect to public lands in the State
pursuant to any Federal law after providing notice of
the designation in the Federal Register and to
Congress.
``(B) Termination.--Any action taken under
subparagraph (A) shall terminate unless, not later than
1 year after the date on which notice of the action has
been submitted to Congress under that subparagraph,
Congress passes a joint resolution of approval of the
executive branch action.
``(d) Revocation of Designations of Areas of Critical Environmental
Concern.--Each designation of an area within the State as an area of
critical environmental concern in effect on the date of enactment of
this subsection is revoked.''.
TITLE V--FORESTRY
SEC. 501. ROADLESS AREA CONSERVATION RULE EXEMPTION.
The Roadless Area Conservation Rule established under part 294 of
title 36, Code of Federal Regulations (or successor regulations), shall
not apply with respect to any National Forest System land in the State
of Alaska.
SEC. 502. ALASKA MENTAL HEALTH TRUST LAND EXCHANGE.
(a) Finding; Purpose.--
(1) Finding.--Congress finds that the exchange of land
between the Alaska Mental Health Trust and the Secretary of
Agriculture authorized and directed by this section is in the
public interest.
(2) Purpose.--The purpose of this section is to provide for
the exchange of land between the Alaska Mental Health Trust and
the Secretary of Agriculture--
(A) to preserve the scenic and visual backdrops of
southeastern Alaska communities, while creating
economic opportunities in more remote areas of the
State of Alaska;
(B) to secure Federal ownership and protection of
non-Federal land in the State of Alaska that has
significant natural, scenic, recreational, and other
public values; and
(C) to contribute to the goals and objectives of
timber management in the Tongass National Forest.
(b) Definitions.--In this section:
(1) Alaska mental health trust.--The term ``Alaska Mental
Health Trust'' means the Alaska Mental Health Trust Authority,
an agency of the State.
(2) Federal land.--The term ``Federal land'' means the
National Forest System land depicted on the maps in Exhibit B
of the agreement between the Forest Service and the Alaska
Mental Health Trust entitled ``Alaska Mental Health Land
Exchange, Agreement to Initiate, Case No. 5x-18''.
(3) Non-federal land.--The term ``non-Federal land'' means
the parcels of Alaska Mental Health Trust land that are
depicted on the maps in Exhibit A of the agreement between the
Forest Service and the Alaska Mental Health Trust entitled
``Alaska Mental Health Land Exchange, Agreement to Initiate,
Case No. 5x-18''.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) State.--The term ``State'' means the State of Alaska.
(c) Land Exchange.--
(1) In general.--If the Alaska Mental Health Trust offers
to convey to the Secretary all right, title, and interest of
the Alaska Mental Health Trust in and to the non-Federal land--
(A) the Secretary, on completion of the
environmental reviews described in paragraph (2), shall
convey to the Alaska Mental Health Trust all right,
title, and interest of the United States in and to the
Federal land; and
(B) the Alaska Mental Health Trust, on receipt of
title to the Federal land under subparagraph (A), shall
convey to the Secretary all right, title, and interest
of the Alaska Mental Health Trust in and to the non-
Federal land, subject to paragraph (3).
(2) Compliance with applicable law.--Before carrying out
the land exchange under paragraph (1), the Secretary shall
complete any necessary land surveys and required pre-exchange
clearances, reviews, mitigation activities, and approvals
relating to--
(A) threatened and endangered species;
(B) cultural and historic resources;
(C) wetland and floodplains; and
(D) hazardous materials.
(3) Conditions on acceptance.--Title to any non-Federal
land conveyed by the Alaska Mental Health Trust to the
Secretary under paragraph (1)(B) shall be in a form that--
(A) is acceptable to the Secretary, in the case of
non-Federal land to be administered by the Forest
Service; and
(B) conforms to the title approval standards of the
attorney general applicable to land acquisitions by the
Federal Government.
(4) Appraisals.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary and the
Alaska Mental Health Trust shall select an appraiser to
conduct appraisals of the Federal land and non-Federal
land.
(B) Requirements.--
(i) In general.--Except as provided in
clause (ii), an appraisal required under this
paragraph shall be conducted in accordance with
national recognized appraisal standards,
including--
(I) the Uniform Appraisal Standards
for Federal Land Acquisitions; and
(II) the Uniform Standards of
Professional Appraisal Practice.
(ii) Final appraised value.--
(I) In general.--During the 3-year
period beginning on the date on which
the final appraised values of the
Federal land and non-Federal land are
approved by the Secretary, the
Secretary shall not be required to
reappraise or update the final
appraised values of the Federal land
and non-Federal land.
(II) Exchange agreement.--After the
date on which an exchange agreement is
entered into by the Alaska Mental
Health Trust and the Secretary in
accordance with section 254.14 of title
36, Code of Federal Regulations (or a
successor regulation), no reappraisal
or updates to the final appraised
values of the Federal land and non-
Federal land approved by the Secretary
shall be required.
(C) Public review.--Before carrying out the land
exchange under paragraph (1), the Secretary shall make
the appraisals of the Federal land and non-Federal land
available for public review.
(5) Equal value land exchange.--
(A) In general.--The value of the Federal land and
non-Federal land to be exchanged under paragraph (1)
shall--
(i) be equal; or
(ii) be equalized in accordance with this
paragraph.
(B) Surplus of federal land value.--
(i) In general.--If the final appraised
value of the Federal land exceeds the final
appraised value of the non-Federal land, the
Alaska Mental Health Trust shall--
(I) convey additional non-Federal
land in the State to the Secretary,
consistent with the requirements of
this section;
(II) make a cash payment to the
United States; or
(III) use a combination of the
methods described in subclauses (I) and
(II), as agreed to by the Alaska Mental
Health Trust and the Secretary.
(ii) Amount of payment.--Notwithstanding
section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)), the
Secretary may accept a payment under clause (i)
in excess of 25 percent of the total value of
the Federal land or Federal interests conveyed.
(C) Surplus of non-federal land.--If the final
appraised value of the non-Federal land exceeds the
value of the Federal land, parcels of the non-Federal
land may be excluded from the exchange in a quantity
sufficient to result in an equal value exchange.
(6) Costs.--As a condition of the exchange of Federal land
and non-Federal land authorized under paragraph (1), the Alaska
Mental Health Trust shall agree to pay, without compensation,
all costs that are associated with the exchange.
(7) Intent of congress.--It is the intent of Congress that
the land exchange authorized and directed under paragraph (1)
shall be completed not later than 1 year after the date of
enactment of this Act.
(d) Management of Non-Federal Land.--
(1) In general.--On acquisition of the non-Federal land by
the Secretary under subsection (c), the non-Federal land
shall--
(A) become part of the Tongass National Forest; and
(B) be administered in accordance with the laws
applicable to the National Forest System.
(2) Boundary revision.--On acquisition of the non-Federal
land by the Secretary under subsection (c), the boundaries of
the Tongass National Forest shall be modified to reflect the
inclusion of the non-Federal land.
(3) Land and water conservation fund.--For purposes of
section 200306(a)(2)(B)(i) of title 54, United States Code, the
boundaries of the Tongass National Forest, as modified under
paragraph (2), shall be considered to be the boundaries of the
Tongass National Forest as in existence on January 1, 1965.
(e) Withdrawal.--Subject to valid existing rights, the non-Federal
land acquired by the Secretary under subsection (c) is withdrawn from
all forms of--
(1) entry, appropriation, or disposal under the public
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
(f) Miscellaneous Provisions.--
(1) Revocation of orders; withdrawal.--
(A) Revocation of orders.--Any public land order
that withdraws the Federal land from appropriation or
disposal under a public land law shall be revoked to
the extent necessary to permit conveyance of the land.
(B) Withdrawal.--
(i) In general.--If the Federal land or any
Federal interest in the non-Federal land to be
exchanged under this section is not withdrawn
or segregated from entry and appropriation
under a public land law (including logging and
mineral leasing laws and the Geothermal Steam
Act of 1970 (30 U.S.C. 1001 et seq.)) as of the
date of enactment of this Act, the Federal land
or Federal interest in the non-Federal land
shall be withdrawn, without further action by
the Secretary, from entry and appropriation on
the date of enactment of this Act.
(ii) Termination.--The withdrawal under
clause (i) shall be terminated--
(I) on the date of the completion
of the exchange of Federal land and
non-Federal land under subsection (c);
or
(II) if the Alaska Mental Health
Trust notifies the Secretary in writing
that the Alaska Mental Health Trust
elects to withdraw from the land
exchange under section 206(d) of the
Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716(d)), on the
date on which the Secretary receives
the notice of the election.
(2) Maps, estimates, and descriptions.--
(A) Minor errors.--The Secretary and the Alaska
Mental Health Trust, by mutual agreement, may correct
any minor errors in any map, acreage estimate, or
description of any land conveyed or exchanged under
this section.
(B) Conflict.--If there is a conflict between a
map, acreage estimate, or description of land in this
section, the map shall control unless the Secretary and
the Alaska Mental Health Trust mutually agree
otherwise.
(C) Availability.--On the date of enactment of this
Act, the Secretary shall file and make available for
public inspection in the office of the Supervisor of
the Tongass National Forest each map referred to in
this section.
SEC. 503. TONGASS STATE FOREST FACILITATION.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the land
identified by the State for conveyance under subsection (b)(2).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of Alaska.
(b) Tongass National Forest Land Conveyance.--
(1) Authorization.--Not later than 90 days after the date
on which the State submits to the Secretary a request for the
conveyance of not more than 2,000,000 acres of the eligible
land described in paragraph (2), the Secretary shall, subject
to valid existing rights, convey by quitclaim deed all right
title and interest of the United States in and to the Federal
land for use by the State as a State forest.
(2) Description of eligible land.--The eligible land
referred to in paragraph (1) is Federal land in the Tongass
National Forest in the State, other than--
(A) land located within the boundaries of--
(i) a component of the National Wilderness
Preservation System;
(ii) a National Monument; or
(iii) a unit of the National Park System;
(B) a research natural area, experimental forest,
or similar area designated for special management; or
(C) an administrative site (as defined in section
502 of the Forest Service Facility Realignment and
Enhancement Act of 2005 (16 U.S.C. 580d note; title V
of Public Law 109-54).
(3) Deadline for request.--To be valid, a request for a
conveyance under paragraph (1) shall be submitted by the date
that is 3 years after the date of enactment of this Act.
(4) Costs of conveyance.--As consideration for the
conveyance of the Federal land to the State under paragraph
(1)--
(A) the State shall pay to the Secretary an amount
that is at least equal to fair market value of the
Federal land being conveyed to the State, as determined
under paragraph (5); or
(B) notwithstanding any other provision of law, the
State may elect to convert a selection filed under
section 6 of the Act of July 7, 1958 (commonly known as
the ``Alaska Statehood Act'') (Public Law 85-508, 72
Stat. 340), to use as a credit towards the conveyance
of Federal land to the State.
(5) Appraisal to determine fair market value.--The
Secretary shall determine the fair market value of the Federal
land to be conveyed to the State based on an appraisal that is
conducted in accordance with--
(A) the Uniform Appraisal Standards for Federal
Land Acquisition; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(6) Environmental review.--Any conveyance of Federal land
to the State under this subsection shall be considered an
action categorically excluded from review under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(B) section 1508.4 of title 40, Code of Federal
Regulations (or a successor regulation).
(7) Notice, comment, and appeals.--Any land conveyance
under this subsection shall not be subject to the notice,
comment, and appeal procedures of part 215 of title 36, Code of
Federal Regulations (or successor regulations).
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