Text: H.R.1320 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 1320 IH
102d CONGRESS
1st Session
 H. R. 1320
Relating to the enhancement of the Nation's fish and wildlife resources,
the National Wildlife Refuge System, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 7, 1991
Mr. JONES of North Carolina (for himself, Mr. DAVIS, Mr. TAUZIN, Mr. ANDERSON,
Mr. DINGELL, and Mr. LAUGHLIN) introduced the following bill; which was
referred jointly to the Committees on Merchant Marine and Fisheries and
Interior and Insular Affairs
A BILL
Relating to the enhancement of the Nation's fish and wildlife resources,
the National Wildlife Refuge System, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
TABLE OF CONTENTS
Sec. 101. Short title.
Sec. 102. Congressional findings and purposes.
Sec. 103. Definitions.
TITLE II--OIL AND GAS LEASING ON NATIONAL WILDLIFE REFUGES
Sec. 201. Oil and gas receipts from national wildlife refuges.
Sec. 202. Oil and gas leasing, development, and production on the coastal
plain of the Arctic Refuge.
Sec. 203. Environmental stipulations.
Sec. 204. Rights-of-way across the coastal plain.
Sec. 205. Construction activities affecting Arctic Wildlife Refuge marine
coastal resources.
Sec. 206. Supplemental enforcement authority.
Sec. 207. Comprehensive refuge planning.
Sec. 208. Consultation, reporting and additional studies.
Sec. 209. Oil and gas receipts from designated Alaskan units of the National
Wildlife Refuge System.
Sec. 210. National Wildlife Refuge System Enhancement Fund.
Sec. 211. Teshekpuk-Utukok National Wildlife Refuge.
Sec. 212. Property interests of the Rrctic Slope Regional Corporation and
the Kaktovik Inupiat Corporation.
Sec. 213. Land reclamation of the coastal plain.
Sec. 214. Impact aid for affected governments and communities.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Miscellaneous amendments to the Migratory Bird Conservation Act.
Sec. 302. General amendments to the Fish and Wildlife Improvement Act of 1978.
Sec. 303. Management plans on national wildlife refuges.
Sec. 304. Clarification of reporting responsibilities.
Sec. 305. Amendments to the National Wildlife Refuge System Administration
Act of 1966.
TITLE I--FINDINGS AND DEFINITIONS
SEC. 101. SHORT TITLE.
  This Act may be cited as the `National Fish and Wildlife Enhancement Act
  of 1991'.
SEC. 102. CONGRESSIONAL FINDINGS AND PURPOSES.
  Congress finds and declares that:
  (1) It has been the historic policy of the Federal Government since the
  passage of section 401 of the Act of June 15, 1935 (commonly known as the
  `Refuge Revenue Sharing Act', 16 U.S.C. 715s), that the revenues and proceeds
  from the commercial sale or lease of natural resources on national wildlife
  refuges should be dedicated and expended in support of fish and wildlife
  conservation programs through the expansion of the National Wildlife Refuge
  System and the compensation of local jurisdictions for the loss of taxable
  real property.
  (2) This historic policy regarding the use of national wildlife
  refuge-generated revenues to enhance the National Wildlife Refuge System
  should be reaffirmed and applied to the disposal, sale, or lease of any
  and all surface and subsurface natural resources located within a national
  wildlife refuge.
  (3) The passage of the Emergency Wetlands Resources Act of 1986 (16
  U.S.C. 3901 et seq.), the North American Wetlands Conservation Act (16
  U.S.C. 4401 et seq.), and the Coastal Wetlands Planning, Protection and
  Restoration Act (title III of Public Law 101-646), reflects the deep concern
  that our Nation's wetland resources are disappearing at an accelerating
  rate and that additional wetland acquisition programs for inclusion in
  the National Wildlife Refuge System must be initiated immediately before
  our valuable wetland heritage is lost forever.
  (4) While existing national wildlife refuge law allows for a limited
  commercial utilization of natural resources within the National Wildlife
  Refuge System under strict environmental controls, it is incumbent upon
  Congress to provide the Director of the United States Fish and Wildlife
  Service with adequate authority to regulate all aspects of such commercial
  activities and to impose stringent environmental controls for the protection
  of national wildlife refuge resources.
  (5) In addition to management questions generally related to the National
  Wildlife Refuge System, there is a need for Congress to enhance and clarify
  other Federal fish and wildlife conservation authorities and programs
  which are crucial to the Nation's fish and wildlife resources.
  (6) One area of law which requires enhancement and clarification concerns
  oil and gas leasing and development within the coastal plain of the Arctic
  National Wildlife Refuge in Alaska. Section 1002 of the Alaska National
  Interest Lands Conservation Act of 1980 (16 U.S.C. 3142) (ANILCA) directed
  that a five-year natural resource assessment program be conducted of the
  oil and gas production potential and fish, wildlife, and plant resource
  values of the coastal plain of the Arctic National Wildlife Refuge. Section
  1002(h) of ANILCA required the Secretary to prepare a comprehensive report
  to Congress upon completion of the environmental baseline study and oil
  and gas surface exploration program, which would analyze the acquired
  biological, geological, and geophysical data.
  (7) The 1987 Department of the Interior final section 1002 report contained
  an extensive analysis of the environmental impacts which could result
  from an oil and gas leasing program on the coastal plain. In addition,
  the report identified numerous potential hydrocarbon-bearing geological
  prospects on the coastal plain as the result of the seismic exploration
  program. The section 1002 report's very favorable assessment of the oil
  and gas potential of the coastal plain is confirmed by various Federal,
  State, and private studies which have identified the coastal plain as the
  most outstanding remaining prospect in the United States for an onshore
  or offshore supergiant oil field discovery.
  (8) The Nation's domestic crude oil production is in serious decline,
  and dependence upon unreliable foreign sources of oil has grown at an
  accelerating and unacceptable rate. Crude oil production nationwide is
  at its lowest rate since 1961, with production in the lower forty-eight
  States at its lowest annual level since 1950. Drilling rig activity is
  down 75 per centum from its peak level of activity in 1981. Production from
  the Prudhoe Bay oil fields on Alaska's North Slope, which now constitutes
  close to 25 per centum of the Nation's total domestic crude oil production,
  is expected to decline as well. While the level of domestic crude oil
  production continues to decline, the level of imported oil continues to
  rise. Imported oil in 1990 accounted for 46.5 per centum of total domestic
  consumption, compared with a figure of 36 per centum of total domestic
  consumption at the time of the 1973 Arab oil embargo.
  (9) The onslaught of war in the Persian Gulf has been triggered in large part
  by this country's dependency on uncertain supplies of foreign oil. Recent
  wild shifts in the price of oil adversely affect this country's economy
  and the balance of trade deficit. American lives are now at stake in the
  Persian Gulf because of the failure of this country to ensure an adequate
  supply of domestically produced oil.
  (10) Upon enactment of this Act authorizing oil and gas leasing on the
  coastal plain, Congress and the Secretary should continue consideration
  of methods and means for utilizing this leasing program, including the
  revenues and receipts generated therefrom, to reduce the impact of Alaska
  Native Corporation inholdings on other units of the National Wildlife
  Refuge System in Alaska.
SEC. 103. DEFINITIONS.
  As used in this Act:
  (1) The term `ANILCA' means the Alaska National Interest Lands Conservation
  Act of 1980 (16 U.S.C. 3101).
  (2) The term `Arctic Refuge' means the national wildlife refuge as defined
  by section 303(2) of ANILCA.
  (3) The term `Bureau' means the Bureau of Land Management.
  (4) The term `coastal plain' means the lands and waters within the Arctic
  Refuge so identified in the map entitled `Arctic National Wildlife Refuge
  Coastal Plain', dated January 20, 1989.
  (5) The term `Director' means the Director of the United States Fish and
  Wildlife Service or his designee.
  (6) The term `fish and wildlife' means any member of the animal kingdom,
  including without limitation, any mammal, fish, bird (including any
  migratory, nonmigratory, or endangered or threatened bird for which
  protection is also afforded by treaty or other international agreement),
  amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate,
  and includes any egg or offspring thereof. The term also means any member
  of the plant kingdom.
  (7) The term `mitigation' means the five-step environmental mitigation
  planning process required by the Council on Environmental Quality
  pursuant to section 102 of the National Environmental Policy Act of 1969
  (42 U.S.C. 4332), and any resultant terms, conditions, prohibitions, or
  restrictions to offset, ameliorate, or compensate for the loss of habitat
  values, and natural abundance and distribution of populations of fish
  and wildlife.
  (8) The term `national wildlife refuge' or `refuge' means a unit of the
  National Wildlife Refuge System.
  (9) The term `Refuge Administration Act' means the National Wildlife Refuge
  System Administration Act of 1966 (16 U.S.C. 668dd-668ee).
  (10) The term `related activities' means--
  (A) the construction, operation, and maintenance of any road, structure,
  or other facility, including supply storage and waste disposal facilities,
  whether at or beyond a well site, that is associated with any oil and gas
  exploration, development, production, or transportation on the coastal plain;
  (B) the transportation of personnel and supplies necessary to support the
  carrying out of oil and gas exploration, development, or production on
  the coastal plain; and
  (C) any other activity related to the carrying out of oil and gas
  exploration, development, production, or transportation on the coastal
  plain that, in the judgment of the Secretary, should be covered by an
  approved plan of operations in accordance with the provisions of this Act.
  (11) The term `responsible party' means--
  (A) ONSHORE FACILITIES- In the case of an onshore facility (other than a
  pipeline), any person owning or operating the facility, except a Federal
  agency, State, municipality, commission, or political subdivision of a
  State, or any interstate body, that as the owner transfers possession and
  right to use the property to another person by lease, assignment, or permit.
  (B) PIPELINES- In the case of a pipeline, any person owning or operating
  the pipeline.
  (C) ABANDONMENT- In the case of an abandoned onshore facility or pipeline,
  the persons who would have been responsible parties immediately prior to
  the abandonment of the facility.
  (12) The term `Secretary' means the Secretary of the Department of the
  Interior or his designee.
  (13) The term `significant adverse effects' means those effects on habitat
  quality or availability which, despite the reasonable application of
  mitigation measures involving appropriate technology, engineering, and
  environmental control measures, including siting and timing restrictions, are
  likely to result in widespread long-term reductions in the natural abundance
  or distribution of a species of fish or wildlife on the coastal plain.
  (14) The term `State' means the State of Alaska.
  (15) The term `Wildlife Refuge System' means the National Wildlife Refuge
  System established under the Refuge Administration Act.
TITLE II--OIL AND GAS LEASING ON NATIONAL WILDLIFE REFUGES
SEC. 201. OIL AND GAS RECEIPTS FROM NATIONAL WILDLIFE REFUGES.
  Notwithstanding any other provision of law, all rents, royalties, bonus
  bids, and other revenues and receipts generated by oil and gas leasing
  and related activities on reserved or acquired units of the National
  Wildlife Refuge System shall be deposited into the Refuge Revenue Sharing
  Fund established in the United States Treasury pursuant to section 401 of
  the Act of June 15, 1935, (commonly known as the `Refuge Revenue Sharing
  Act', 16 U.S.C. 715s). The provisions of this section shall not apply
  to Federal income taxes generated by such oil and gas leasing activity,
  nor to oil and gas leases on Alaskan units of the National Wildlife Refuge
  System. Notwithstanding any other provision of law, all rents, royalties,
  bonus bids, and other revenues and receipts generated pursuant to a Federal
  oil and gas leasing program on the Arctic and Teshekpuk-Utukok National
  Wildlife Refuges shall be distributed in accordance with the provisions
  of section 209 of this Act. All such revenues and receipts generated
  pursuant to the existing oil and gas leasing program in the Kenai National
  Wildlife Refuge shall be distributed in accordance with the provisions of
  existing law.
SEC. 202. OIL AND GAS LEASING, DEVELOPMENT, AND PRODUCTION ON THE COASTAL
PLAIN OF THE ARCTIC REFUGE.
  (a) Authority for Leasing-
  (1) General assumptions and limitations-
  (A) The provision of section 1003 of ANILCA (16 U.S.C. 3143) as applied
  to Federal lands within the coastal plain are hereby repealed with the
  commencement of the first lease sale pursuant to section 202(b) of this
  Act. The Secretary is authorized and directed to initiate expeditiously,
  through the Director, an oil and gas leasing program for the coastal
  plain in accordance with the provisions of this Act and other applicable
  provisions of Federal and State environmental law. Notwithstanding the
  provisions of sections 4 (c) and (d) of the Refuge Administration Act
  (16 U.S.C. 668dd (c) and (d)) this Act shall be the sole authority for
  authorizing and regulating oil and gas leasing on the coastal plain.
  (B) Notwithstanding the provisions of section 202(k) of this Act, any
  legal action by the State of Alaska, including an action for declaratory
  judgment, to challenge the division of revenues made in section 209 of this
  Act for the State of Alaska's share of oil and gas revenues from oil and
  gas leasing on the coastal plain of the Arctic Refuge shall be assigned for
  hearing and completed at the earliest possible date, shall, to the greatest
  extent practicable, take precedence over all other matters pending on the
  docket of the court at that time, and shall be expedited in every way by
  such court. Any such action by the State shall be brought within ninety
  days of enactment of this Act in an appropriate United States District Court.
Notwithstanding any other provision of law, only the State shall be deemed
to have standing to file any such civil action in Federal court and any
such action shall be barred unless a complaint is filed within the time
specified. In exercising its authority under article IV, section 3, clause
2 of the United States Constitution, Congress finds that this limitation on
civil actions is necessary to ensure that oil and gas leasing on the coastal
plain of the Arctic National Wildlife Refuge results in an overall net benefit
to the National Wildlife Refuge System and that certainty is provided to the
Federal Government with regard to its ability to rely upon and expend coastal
plain revenues and receipts for the valid Federal purposes set forth in this
Act. Any review of an interlocutory or final judgment, decree, or order of
the United States district court in such action may be had only upon direct
appeal to the Supreme Court of the United States. Nothing in this section
shall be construed to grant causes of action to any person or to waive
any defenses which may be available to the United States. If any action
is brought in accordance with this subparagraph, no lease sale shall occur
under section 202 of this Act until a final nonappealable decision has been
issued in any such action. If the revenue division and sharing provision of
section 209 of this title as applied to the Arctic Refuge is held invalid,
the remainder of this title shall be void.
  (2) Issuance of competitive leasing regulations and subsequent environmental
  analysis-
  (A) Within six months after the date of enactment of this Act, the Secretary,
  through the Director, shall publish draft competitive oil and gas leasing
  regulations for the coastal plain in accordance with the provisions of
  this Act and other consistent applicable law. In establishing environmental
  terms and conditions, these regulations shall include, but not be limited
  to, provisions to provide for the conservation of the natural resources
  and prevention of waste of oil or gas resources on the coastal plain,
  the protection of correlative rights therein, the prompt and efficient
  exploration and development of leases, the avoidance of any significant
  adverse effects on fish and wildlife, their habitat and the environment,
  the receipt of fair market value by the public for the mineral rights
  to be leased, and any other requirements deemed necessary to conduct the
  leasing program authorized by this Act. In developing these regulations,
  the Secretary shall consult with and seek the advice of the Governor
  of the State and other appropriate Federal, State, and local agencies,
  including the Village of Kaktovik, and interested members of the general
  public. A minimum of two public hearings shall be held in the State on
  the proposed competitive leasing regulations, including a hearing in the
  Village of Kaktovik. The Secretary shall publish final competitive oil
  and gas leasing regulations within six months of the date of publication
  of the draft leasing regulations.
  (B) Notwithstanding the provisions of section 102(2)(C) of the National
  Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C), and section 810 of
  ANILCA, 16 U.S.C. 3120, no further environmental analysis or documentation
  shall be required with respect to the promulgation of general regulations
  for a competitive leasing program for the coastal plain authorized by this
  Act. Except as provided in this subsection with regard to the issuance
  of general competitive oil and gas leasing regulations, nothing in this
  Act shall be construed as otherwise limiting or affecting in any way the
  applicability of section 102(2)(C) of the National Environmental Policy
  Act of 1969 to any lease sale or other phase of oil and gas exploration,
  development, production, or transportation and related activities associated
  with the coastal plain leasing program. In addition, nothing in this Act
  shall be considered or construed as in any way limiting or affecting
  the applicability of any other Federal or State law relating to the
  protection of the environment. Each Draft Environmental Impact Statement
  (EIS) prepared for a lease sale of the coastal plain shall include an
  analysis of the direct and indirect impacts associated with the proposed
  activity, as well as an analysis of the cumulative impacts of oil and gas
  development north of the Arctic Circle in the Beaufort Sea region. To the
  extent possible, the Secretary may incorporate by reference appropriate
  parts of other environmental analyses prepared for previous plans of
  operations and lease sales.
  (C) Prior to the publication of each draft or final EIS associated with a
  lease sale of the coastal plain, the Secretary shall submit copies of these
  documents to the Environmental Protection Agency (EPA) and the Council on
  Environmental Quality (Council) for review. Within thirty days of receipt
  of the documents, EPA and the Council shall advise the Secretary of their
  views concerning the legal and factual sufficiency of the draft and final
  EISs. The Secretary shall give due consideration to the recommendations
  and guidance from EPA and the Council.
  (b) Competitive Oil and Gas Leasing--General Provisions-
  (1) The initial lease sale shall be conducted as soon as possible upon
  publication of final competitive oil and gas leasing regulations. Following
  an assessment of the adequacy of bids received, the Secretary is authorized
  to grant oil and gas leases on the coastal plain to the highest responsible
  qualified bidder for each lease by sealed competitive cash bonus bidding. The
  bidding process utilized by the Secretary shall ensure the confidentiality
  of the bids received. Lands may be leased pursuant to the provisions of
  this Act to any person qualified to obtain a lease under section 16 of the
  Geothermal Steam Act of 1970 (30 U.S.C. 1015), and section 1002(e)(2)(C) of
  ANILCA (16 U.S.C. 3142 (e)(2)(c)). The Secretary shall establish procedures
  for the receipt and consideration of sealed nominations for areas in the
  coastal plain for inclusion in, or exclusion from, a lease sale. Upon
  request, the Secretary may also authorize additional seismic exploration
  and soil sampling on the coastal plain prior to the first lease sale. To the
  extent consistent with the provisions of this Act, any seismic exploration
  conducted prior to the first lease sale shall be in accordance with the
  existing seismic exploration regulations issued by the Secretary under the
  authority of section 1002(d) of ANILCA (16 U.S.C. 3142(d)). Procedures
  established by the Secretary shall also provide for public notice and
  comment on proposed designations of areas to be included in, or excluded
  from, a given lease sale and for periodic consultation with the State of
  Alaska and local governments on the North Slope of Alaska, the oil and gas
  industry, and representatives of other organizations engaged in activity
  in or on the coastal plain, including those involved in subsistence uses
  and recreational activities. Where consistent with the other provisions
  of this Act, including those designed to protect environmentally sensitive
  areas within the coastal plain, acreage receiving one or more nominations
  shall be offered in any given lease sale, but in no event shall more than
  three hundred thousand acres of the coastal plain be offered or leased
  at any one lease sale and lease sales shall not be held more frequently
  than once every two years. If nominations are received for more than three
  hundred thousand acres of the coastal plain in any lease sale under this
  section or for any area in the coastal plain which is determined by the
  Secretary to be too environmentally sensitive to lease, the Secretary
  shall offer three hundred thousand acres that the Secretary considers
  will best carry out the purposes of this Act. Leasing shall be in units of
  not more than two thousand five hundred and sixty acres, or four surveyed
  or protracted sections, whichever is larger, and shall be as compact in
  form as possible: Provided, That the Secretary is authorized to lease on
  a case-by-case basis units of up to three thousand eight hundred and forty
  acres when necessary to consolidate partial tracts adjacent to the external
  boundaries of the coastal plain. Each lease shall be issued for an initial
  period of ten years and shall be extended for so long thereafter as oil or
  gas is produced in paying quantities from the lease or unit area to which
  the lease is committed or for so long as diligent drilling or reworking
  operations, as approved by the Secretary, are conducted thereon or for so
  long as such lease is subject to an approved unit agreement or suspension
  of operations or production has been appropriately approved by the Secretary.
  (2) No lease or permit shall be issued which would allow surface occupancy
  or use for purposes of oil and gas exploration, development, production,
  and transportation and related activities within the `Protective Management
  Zone' so identified on the map entitled `Arctic National Wildlife Refuge
  Coastal Plain' dated January 20, 1989. Within an area which runs 1.5 miles
  outside and parallel to the boundary of the Protective Management Zone,
  the Secretary shall restrict surface occupancy and use, which is primarily
  for oil and gas development and production and related activities, to
  essential structures, sites, and facilities directly required for the
  development, production, and transportation from the wellhead of oil and
  gas. Nonessential structures, sites, and facilities which shall be excluded
  from this area include, but are not limited to work camps, gravel airstrips,
  waste disposal sites, and all roads, pipelines, production facilities,
  and development drilling pads that can be located outside of this area
  in an economically and environmentally feasible manner. Subject to the
  procedures and restrictions of section 203(b)(1) and other applicable
  provisions of this Act, oil and gas exploratory drilling may be permitted
  within this 1.5 mile area outside of the Protective Management Zone.
  (3) The Secretary shall require the Director to enter into cooperative
  agreements with the Directors of the Bureau of Land Management and the
  Minerals Management Service regarding the implementation of the oil and gas
  leasing program for the coastal plain. Subject to the review and approval of
  the Director, the Bureau shall provide assistance by conducting all lease
  sales of the coastal plain and by supervising the day-to-day technical
  and geological aspects of the oil and gas leasing program. The Minerals
  Management Service shall be responsible for ensuring compliance with the
  royalty management requirements of the Federal Oil and Gas Royalty Management
  Act of 1982 (30 U.S.C. 1701). Nothing in the cooperative agreements with
  the Bureau of Land Management or the Minerals Management Service shall
  affect or diminish in any manner the authority and responsibility of the
  Director for the establishment and enforcement of environmental stipulations,
  terms, and conditions for oil and gas leasing on the coastal plain or the
  Director's approval and enforcement of a plan of operations.
  (c) PLAN OF OPERATIONS-
  (1) IN GENERAL- Oil and gas lessees shall prepare and submit to the
  Secretary, through the Director, a proposed plan of operations for oil and
  gas exploration and one for development and production. Proposed plans of
  operation may apply to more than one lease held by a lessee in any region
  of the coastal plain, or by a group of lessees acting under a unitization,
  pooling, or drilling agreement. No exploration, development, or production
  or related activities shall take place prior to the Director's approval
  of a proposed plan of operations. A proposed plan of operations must set
  forth such information as the Director may require to determine whether
  the proposed activities contained in the plan are consistent with this
  title and oil and gas leasing regulations issued thereunder, as well as
  with other applicable Federal and State environmental laws.
  (2) REQUIREMENTS APPLICABLE TO EXPLORATION PLANS AND DEVELOPMENT AND
  PRODUCTION PLANS- Exploration plans and development and production plans
  shall include where applicable--
  (A) the names and legal addresses of the following persons: the operator;
  to the extent determined, the contractors and subcontractors to be utilized;
  and the owners of leases other than the operator;
  (B) a map or maps showing: the location of a point of reference selected by
  the operator within the area covered by the plan of operations showing, in
  relation to that point, existing and proposed access routes or roads within
  the area, the boundaries of proposed surface disturbance and location of all
  survey lines; the location of proposed drilling sites, well-site layout,
  and all surface facilities; sources of construction materials within the
  area including but not limited to gravel; relevant topographical data or
  information; and the location of ancillary facilities including but not
  limited to base of operations camps, sanitary facilities, water supplies,
  disposal facilities, pipelines, fuel, and other storage facilities, and
  airstrips. A point  of reference selected by the operator within the area
  of operation shall be marked with a ground monument;
  (C) a description of: all surface and ancillary facilities, including but not
  limited to base of operations camps, sanitary facilities, water supplies,
  disposal facilities, pipelines, fuel, and other storage facilities,
  and airstrips; and the major equipment to be used in the operations,
  including but not limited to equipment and methods for the generation
  and transport of all waters used in or produced by operations, and of the
  proposed  method of transporting all equipment within the area covered by
  the plan of operations including to and from  the site;
  (D) an estimated schedule for any phase of operations of which review by
  the Secretary is sought and the anticipated date of operation completion;
  (E) plans for reclamation which include a detailed statement of the
  anticipated reclamation work to be performed, a proposed schedule for the
  reclamation activities to be performed, an estimate of reclamation costs,
  and a plan  to ensure full funding of these costs;
  (F) comprehensive environmental plans describing proposed waste management
  and disposal practices with a primary focus on waste reduction, minimization,
  and recycling of solid, liquid, oily, toxic, and hazardous wastes;
  (G) an affidavit stating that the operations planned will be in compliance
  with all applicable Federal, State, and local laws and regulations;
  (H) contingency plans in case of spills, leaks, or other accidents in
  accordance with the requirements of section 203(b)(15) of this Act;
  (I) a description of proposed sand and gravel extraction operations,
  erosion and sedimentation controls, and stream crossing structural designs;
  (J) such additional information as may be required by the Secretary to
  ensure that the proposed activities are consistent with this Act, as well
  as other applicable Federal and State environmental laws.
  (3) ENVIRONMENTAL ANALYSIS- A site-specific environmental analysis shall
  accompany the proposed plan of operations which shall assess the quality,
  quantity, and relative abundance of habitat types that would be affected
  by the oil and gas exploration or development and production and related
  activities set forth in the plan of operations. The plan shall also include
  a discussion of major operational alternatives that were considered in
  determining the proposed course of action. The environmental analysis shall
  also assess the anticipated effects that such activities would have on fish
  and wildlife, their habitat and the environment, including the water, sand,
  and gravel resources of the coastal plain, and shall include a mitigation
  plan to be implemented to avoid, minimize or compensate for any adverse
  effects to fish and wildlife, their habitat and the environment.
  (4) NOTICE AND COMMENT- After a proposed plan of operations is submitted
  for approval, the Secretary shall--
  (A) within thirty days publish notice of the submission of the plan in
  the Federal Register and a newspaper of general circulation in the State; and
  (B) when requested by the State or a local unit of government, hold a
  minimum of two public hearings in the State, including one in the Village
  of Kaktovik, for purposes of receiving the comments of the public on the
  proposed plan.
  (5) DETERMINATION- Within eight months after receiving an exploration or
  development and production plan, the Secretary shall determine, after taking
  into account any comments received under paragraph (4) of this subsection,
  whether the proposed plan of operations is consistent with this title,
  its implementing regulations, and other applicable provisions of Federal
  and State environmental law. If that determination is in the affirmative,
  the Secretary shall approve the plan and issue a special use permit for
  the activities contained in the particular plan. If that determination is
  not in the affirmative, the Secretary shall return the plan along with a
  statement of modifications necessary for its approval. The Secretary, as a
  condition of approving any proposed plan of operations under this paragraph--
  (A) may require that modifications be made to the plan as necessary or
  appropriate to make it consistent with this title, its implementing
  regulations, and other applicable provisions of Federal and State
  environmental law; and
  (B) shall require such periodic reports regarding the carrying out of the
  oil and gas exploration or development and production activities covered
  in the plan for purposes of determining the extent to which the plan is
  being complied with.
  (6) SUBSEQUENT MODIFICATION OF AN APPROVED PLAN OF OPERATIONS- If at any
  time while authorized activities are being carried out under a plan of
  operations approved under paragraph (5) of this subsection, the Secretary,
  on the basis of available information, determines that the continuation
  of oil and gas exploration, development, production, transportation, or
  related activities under the plan has produced the threat of a significant
  adverse effect upon human life, fish and wildlife, their habitat or the
  environment, or is contrary to the national interest or the conservation
  of the oil and gas resource, the Secretary shall, after consultation with
  the lessee or operator take one of the following actions--
  (A) direct that modifications be made to part or all of the plan of
  operations and special use permit as the Secretary considers necessary and
  appropriate to avoid the significant adverse effect or to make the authorized
  activities consistent with the national interest or the conservation of
  the oil and gas resource;
  (B) temporarily suspend the lease, pursuant to subsection (f) of this
  section, and the carrying out of the particular activity under the plan and
  special use permit for such time as the Secretary considers necessary and
  appropriate to avoid such significant adverse effect or to be consistent with
  the national interest or the conservation of the oil and gas resource; or
  (C) terminate and cancel the plan where actions under subparagraphs (A) or
  (B) will not avoid the significant adverse effect or assure the required
  consistency.
The Secretary is authorized to make modifications in an approved plan
of operations to avoid significant adverse effects or to assure required
consistency, as well as to make minor modifications to an approved plan,
without resorting to the procedures set forth in paragraph (4) of this
subsection.
  (d) CONFIDENTIALITY OF GEOLOGICAL AND GEOPHYSICAL DATA- Any lessee or
  permittee conducting any activities involving exploration for, or development
  or production of, oil or gas pursuant to this Act shall provide the Secretary
  access to all geological and geophysical field data and drilling information
  obtained from such activity and shall provide within thirty days copies
  of such data and information as the Secretary may request. The Secretary
  shall prescribe regulations governing the acquisition of geological and
  geophysical data from lessees or permittees. These regulations shall assure
  that the confidentiality of privileged or proprietary information received
  by the Secretary under this section will be maintained and shall set forth
  the time periods and restrictions which shall govern the release of any
  such information or data.
  (e) UNITIZATION AND OTHER CONSERVATION AGREEMENTS- For the purpose of
  conserving the natural resources of any oil or gas pool, field, or like area,
  or any part thereof, avoiding the unnecessary duplication of facilities and
  providing protection for the environment of the coastal plain, the Secretary
  shall require to the greatest extent practicable, that lessees unite with
  each other in collectively adopting and operating under a cooperative or
  unit plan of development for operation of such pool, field, or like area,
  or any part thereof. The Secretary is also authorized and directed to
  enter into such agreements as deemed necessary and to take such actions
  as are necessary or appropriate for the protection of the United States
  against drainage and to provide for the subsurface storage of oil and gas.
  (f) SUSPENSION OF LEASE- The Secretary, through the Director, may direct
  or assent to the suspension of a lease granted under this Act, including
  the suspension or temporary prohibition of any operation, activity, rents,
  or royalty payments thereunder, if--
  (1) within fifteen months of submission of a complete plan of operations
  for exploration, development, or production, as required by subsection
  (c) of this section, the Secretary has neither  approved nor rejected the
  proposed plan; or
  (2) the Secretary, through the Director, determines that there is a threat
  of a significant adverse effect upon human life, fish and wildlife, their
  habitat or the environment or that suspension is in the national interest
  or necessary to conserve the oil and gas resource.
No rent or minimum royalty payments shall be suspended as the result of
gross negligence of the lessee or the willful violation of the lease or
special use permit, or of the regulations issued with respect to the lease or
permit. No lease shall expire if suspended pursuant to this subsection. The
term of any suspended lease shall be extended by the period of suspension,
but in no case shall a suspended lease be extended for more than six years.
  (g) Lease Cancellation and Revocation-
  (1) Revocation for noncompliance-
  (A) NONPRODUCING LEASES- Whenever the owner of a nonproducing lease fails
  to comply with any of the provisions of this Act, any applicable provision
  of Federal or State environmental law, the lease, any regulation issued
  under this Act, or an approved plan of operations, such lease may be
  forfeited and revoked by the Secretary, through the Director, subject to
  judicial review, if such default continues for the period of thirty days
  after receipt of notice by registered letter to the lease owner at the
  lease owner's record post office address: Provided, That this provision
  shall not apply if the lease owner commences appropriate curative action
  as requested by the Secretary within such thirty day notice period and
  pursues such action to completion.
  (B) PRODUCING LEASES- Whenever the owner of any producing lease fails to
  comply with any of the provisions of this Act, any applicable provision of
  Federal or State environmental law, the lease, any regulation issued under
  this Act or any approved plan of operations, such lease may be forfeited
  and revoked by an appropriate proceeding brought by the Secretary, through
  the Director, in any United States district court having jurisdiction over
  the matter.
  (2) CANCELLATION DUE TO ENVIRONMENTAL HAZARDS-
  (A) In addition to the authority for lease revocation provided for by
  subparagraphs (A) and (B) of paragraph (1) of this subsection, any lease
  may be cancelled at any time, if the Secretary, through the Director,
  determines, after a hearing, that--
  (i) continued activity pursuant to such lease is likely to result in a
  significant adverse effect to human life, fish, and wildlife, their habitat,
  or the environment, or is not consistent with the national interest or
  the conservation of the oil and gas resource; and
  (ii) the likelihood of such significant adverse effects or inconsistency
  will not disappear or decrease to an acceptable extent within a reasonable
  period of time.
  (B) Cancellation under this paragraph shall not occur unless and until
  operations under such lease shall have been under suspension, or temporary
  prohibition, by the Secretary, with due extension of any lease term
  continuously for a period of five years, or for a lesser period upon
  request of the lessee.
  (C) Cancellation of a lease pursuant to paragraph (2) of this subsection
  shall entitle the lessee to receive such compensation as he shows to the
  Secretary to be equal to the lesser of--
  (i) the fair market value of the canceled rights as of the date of
  cancellation, taking account of both anticipated revenues from the lease and
  anticipated costs, including the costs of compliance with all applicable
  regulations and operating orders, liability for cleanup costs or damages,
  or both, in the case of an oil spill or spill of other hazardous or toxic
  materials, fines, damages, penalties, or removal costs assessed pursuant
  to section 206 of this Act or other State or Federal environmental laws,
  any amounts paid pursuant to section 213 of this Act, and all other costs
  reasonably anticipated on the lease; or
  (ii) the excess, if any, over the lessee's revenues from the lease (plus
  interest thereon from the date of receipt to the date of reimbursement),
  of all consideration paid for the lease and all direct expenditures
  made by the lessee (exclusive of any fines, damage claims, penalties,
  or removal costs assessed pursuant to section 206 of this Act or other
  State or Federal environmental laws, and any other amounts pursuant to
  section 213 of this Act) after the date of issuance of such lease and in
  connection with exploration or development, or both, pursuant to the lease
  (plus interest on such consideration and such expenditures from date of
  payment to date of reimbursement).
In the case of joint leases which are cancelled due to the failure of one or
more co-lessees to exercise due diligence, the innocent parties shall have
the right to seek damages for their loss from the responsible party or parties.
  (h) FINANCIAL TERMS- All leases issued under this section shall be
  conditioned upon payment by the lessee of fair market value cash bonuses as
  may be accepted by the Secretary, of royalty as may be fixed in the lease
  (which shall be not less than 16 2/3  per centum in amount or value of the
  production removed or sold from the lease), and of a rental of not less
  than three dollars per acre for each year of the lease. The Secretary is
  authorized to deposit all cash bonus bids received in an interest bearing
  account until the Secretary announces a decision on whether to accept the
  bids. Interest earned on the bonus bids shall be returned to the unsuccessful
  bidders as to bids which are rejected, and shall be disposed of as if it
  were part of the original bonus bid for those bids which are accepted. The
  Secretary shall not accept a bid for a lease if the Secretary finds, after
  notice and hearing, that the bidder is in violation of, or in default on,
  any other Federal oil and gas lease. Each year's lease rental shall be
  paid in advance. Lessees or any other right-of-way grantee shall also be
  required by regulation to pay current fair market value, as determined by
  the Secretary, for rights-of-way, and for sand and gravel used pursuant to
  a special use permit in the course of oil and gas exploration, development,
  production, or transportation. Disposition of such fair market value revenues
  shall be in accordance with the provisions of existing law governing the
  management of national wildlife refuges.
  (i) ROYALTY MANAGEMENT- The provisions of the Federal Oil and Gas Royalty
  Management Act of 1982 (30 U.S.C. 1701) shall apply to royalties generated
  from oil and gas leasing on the coastal plain.
  (j) REDUCTION OF RENTS OR ROYALTIES TO PROMOTE DEVELOPMENT OR PRODUCTION-
  For the purpose of encouraging the greatest ultimate recovery of oil
  and gas, and in the interest of conservation of natural resources, the
  Secretary may reduce the rental, or minimum royalty, or reduce the royalty
  of an entire leasehold, or on any tract or portion thereof segregated
  for royalty purposes, whenever in his judgment it is necessary to promote
  development or production, or whenever in his judgment the leases cannot
  be successfully operated under the terms provided therein. The Secretary
  shall notify the appropriate Committees of Congress on an annual basis of
  the reduction of any rents or royalties pursuant to this subsection.
  (k) EXPEDITED JUDICIAL REVIEW- It is the intent of Congress that judicial
  review of any administrative action pursuant to title II of this Act,
  including compliance with the National Environmental Policy Act of 1969
  (42 U.S.C. 4321), shall be expedited to the maximum extent possible. Any
  complaint filed seeking judicial review of an action of the Secretary in
  promulgating any regulation under this Act may be filed only in the United
  States Court of Appeals for the District of Columbia, and such complaint
  shall be filed within sixty days from the date of such promulgation. Any
  complaint seeking judicial review of any other actions of the Secretary
  under this Act may be filed in any appropriate district court of the United
  States, and such complaint must be filed within sixty days from the date
  of the action being challenged, or after such date if such complaint is
  based solely on grounds arising after such sixtieth day, in which case
  the complaint must be filed within sixty days after the complainant knew
  or reasonably should have known of the grounds for the complaint.
  (1) Bonding Requirements-
  (1) REQUIREMENT FOR PERFORMANCE BOND- After approval of an exploration or
  development and production plan of operations, the lessee shall be required
  to file with the Secretary a performance bond. The bond shall be conditioned
  upon compliance with all of the terms and conditions of the lease and all
  applicable laws. Such performance bond is in addition to and not in lieu of
  any bond or security deposit required by other regulatory authorities. The
  lessee may file either a surety bond or a personal bond consisting of cash
  or negotiable Treasury bonds of the United States. When negotiable Treasury
  bonds serve as the personal bond, they shall be accompanied by a proper
  conveyance to the Secretary of full authority to sell such securities in case
  of a default in the performance of the terms and conditions of the lease.
  (2) AMOUNT OF PERFORMANCE BOND- The performance bond shall be set by the
  Secretary in an amount sufficient:
  (A) to provide for reclamation of the lease site in accordance with an
  approved or revised exploration or development and production plan of
  operations; and
  (B) to provide the means for rapid and effective cleanup, consistent with the
  type of operations approved, and to minimize damages resulting from an oil
  spill, the escape of gas, refuse, domestic wastewater, reserve pit fluids,
  hazardous or toxic substances, or fire caused by oil and gas activities.
  (3) ADJUSTMENT OF BOND TO CONFORM TO REVISED PLAN- In the event that an
  approved exploration or development and production plan of operations is
  revised, the Secretary may adjust the amount of the bond to conform to
  such revised plan.
  (4) DURATION OF BOND- The responsibility of the lessee or its surety under
  the bond of security deposit shall continue until such time as the Secretary
  determines that there has been compliance with the terms and conditions of
  the lease and all applicable laws, including but not limited to, section
  213 of this Act.
  (5) TERMINATION OF LIABILITY- Within sixty days after determining that
  there has been compliance with the terms and conditions of the lease and all
  applicable laws, the Secretary shall notify the lessee that the period of
  liability under the bond of security deposit has been terminated. Termination
  of responsibility under the bond or security deposit, however, shall not
  absolve the lessee from any financial obligations or liability under other
  authority of law regarding the cleanup or removal of wastes or material
  associated with oil and gas exploration, development, production, or
  transportation on the coastal plain.
  (m) ASSIGNMENT OR RELINQUISHMENT OF LEASES- No lease issued under the
  authority of this Act shall be assigned or sublet, except with the consent
  of the Secretary. The lessee may, at the discretion of the Secretary,
  be permitted at any time to make written relinquishment of all rights
  under any lease issued pursuant to this Act. The Secretary shall accept
  the relinquishment by the lessee of any lease issued under this Act where
  there has not been either surface disturbance on, or directional drilling
  under, the lands covered by the lease.
SEC. 203. ENVIRONMENTAL STIPULATIONS.
  (a)(1) IN GENERAL- In addition to the general provisions set forth in
  section 202 of this title, the comprehensive oil and gas leasing regulations
  issued by the Secretary, through the Director, shall include environmental
  stipulations, terms, and conditions as are required by this Act and
  other applicable provisions of Federal and State environmental law. These
  environmental regulations shall require that oil and gas operations and
  related activities avoid significant adverse effects on fish and wildlife,
  their habitat, and the environment.
  (2) FACILITY CONSOLIDATION PLANNING- The Secretary shall, after providing for
  public notice and comment, prepare and update periodically a general plan
  to govern, guide, and direct the siting and construction of facilities for
  the exploration, development, production, and transportation of the oil and
  gas resources on the coastal plain and, where appropriate and consistent
  with the requirements of this title, the transportation of oil and gas
  resources from adjacent offshore State and Federal lands. This facility
  consolidation planning process shall have the objective of minimizing
  surface occupancy and use on the coastal plain by:
  (A) avoiding unnecessary duplication of facilities and activities;
  (B) encouraging consolidation of common facilities and activities to the
  maximum extent possible;
  (C) locating or confining facilities and activities to areas which will
  avoid significant adverse effects on fish and wildlife, their habitat,
  and the environment; and
  (D) utilizing existing facilities at Prudhoe Bay, including solid waste
  disposal and incineration facilities, to the maximum extent possible.
The current status of the facility consolidated plan, including the
relationship between coastal plain activities and those occurring in
the adjacent offshore State and Federal lands, shall be included in the
Secretary's report to the Congress under section 208 of this Act.
  (b) SPECIFIC ENVIRONMENTAL STIPULATIONS- Pursuant to subsection (a) of
  this section, the Secretary, through the Director, shall implement an
  environmental regulatory program containing the following elements--
  (1) siting restrictions and seasonal limitations on exploratory drilling,
  development, and related activities where necessary to avoid significant
  adverse effects in significant wildlife breeding, calving, denning,
  nesting, and staging areas, or significant fish spawning, overwintering,
  and rearing habitats; surface disturbance activities associated with oil and
  gas exploration, except for surface geological studies, shall be limited
  to the period between November 1 and May 1: Provided, That the Secretary
  is authorized to extent, on a case-by-case basis, exploratory drilling
  operations through May 15 whenever caribou migration patterns for a given
  year are such that no caribou are likely to be present on the leasehold
  during the period of extension.
  (2) a special no-surface-occupancy-and-use protective zone probititing oil
  and gas exploration, development, and production and related activities
  within no less than one-half mile of the source of the Sadlerochit Spring
  or within no less than one-quarter mile on either side of Sadlerochit
  Spring Creek for a distance of five miles downstream from the spring;
  (3) a special caribou insect relief coastal protective zone within
  which surface occupancy and use primarily for oil and gas development
  and production and related activities is restricted to necessary marine
  facilities and offshore causeways authorized pursuant to section 205(b) of
  this Act and essential structures, sites, and facilities directly required
  for the exploration, development, production, and transportation from the
  wellhead of oil and gas. This caribou insect relief protective zone shall
  comprise an area which runs three miles inland from the mean high tideline
  on the mainland and across the mouths of rivers, for Federal and non-Federal
  lands between the westernmost bank of the mouth of the Staines River and
  the easternmost bank of the Aichilik River: Provided, That the city of
  Kaktovik and Barter Island shall not be considered part of this special
  caribou insect relief protective zone: Provided further, That, subject to
  the provisions of section 22(g) of the Alaska Native Claims Settlement Act
  (43 U.S.C. 1621(g)), the Arctic Slope Regional Corporation and the Kaktovik
  Inupiat Corporation may, after consultation with the Secretary, through
  the Director, designate up to ten thousand acres out of the ninety-two
  thousand one hundred and sixty acres of land that they own within the
  Arctic Refuge for community use and development. Upon designation, any
  such lands shall be excluded from the caribou insect relief protective
  zone established pursuant to this paragraph. Any such lands designated for
  community use and development shall be in reasonably compact tracts of no
  less than five hundred or more than two thousand acres. In designating such
  community use and development tracts Arctic Slope Regional Corporation and
  Kaktovik Inupiat Corporation shall seek to avoid the coastal areas most
  frequently and intensively used by caribou for insect relief. Subject to
  the restrictions in section 203(b)(1) and other applicable provisions of
  this Act, oil and gas exploratory drilling may be permitted within any
  area of the caribou insect relief protective zone: And provided further,
  That notwithstanding the provisions of this paragraph, the Secretary may
  authorize and approve, on a case-by-case basis, the location of development
  drilling pads to within one-half mile of the mean high tideline on the
  coast when deemed necessary to allow for the recovery of shallow oil or
  gas deposits which could not otherwise be developed from a drilling pad
  located 1.5 miles from the coast. Nonessential structures, sites, and
  facilities related to oil and gas development and production which shall
  be excluded from the caribou insect relief protective zone include, but
  are not limited to: work camps; gravel airstrips; waste disposal sites;
  and all roads, pipelines, production facilities, and development drilling
  pads that can be located outside of this caribou insect relief protective
  zone in an economically and environmentally feasible manner: Provided,
  That under no circumstances shall a production facility which cannot be
  located feasibly outside of this caribou insect relief protective zone be
  allowed any closer than 1.5 miles from the mean high tideline on the coast;
  (4) design safety and construction standards for all pipelines and access
  roads which--
  (A) minimize adverse effects upon the passage of migratory species such
  as caribou to the maximum extent possible; and
  (B) minimize adverse effects upon the flow of surface water by requiring
  the periodic use of culverts, bridges, and other structural devices so
  that natural drainage is maintained, the free passage of fish is provided,
  up-slope ponding and down-slope dewatering is prevented, spring areas
  are avoided, road alignments are perpendicular to stream flows, and the
  number of stream crossings is minimized and are sited, to the maximum
  extent practicable, in areas of minimal flood plain width.
  (5) a general prohibition on public access and use on all pipeline access
  and service roads for activities unrelated to the conservation purposes
  for which the refuge was established;
  (6) stringent reclamation and rehabilitation standards, including sufficient
  bonding requirements, regarding the removal from the coastal plain of
  all oil and gas exploration, development, production, and transportation
  facilities and equipment, including pipelines, upon completion of oil
  and gas operations: Provided, That the Secretary may exempt from the
  requirements of this subsection those facilities or equipment which he
  determines would assist in the management of the Arctic Refuge and which
  are donated to the United States Fish and Wildlife Service for that purpose;
  (7) reasonable reimbursement schedules to recover from the lessees on
  a quarterly basis those planning, monitoring, and enforcement costs
  incurred by the Director and the Alaska Departments of Fish and Game and
  Environmental Conservation in implementing an oil and gas leasing program
  on the coastal plain. The Governor of the State shall provide comprehensive
  justifications to the Secretary on a quarterly basis for those costs incurred
  by the Alaska Departments of Fish and Game and Environmental Conservation
  for planning, monitoring and enforcement purposes in the Arctic National
  Wildlife Refuge. All reimbursements for costs collected pursuant to this
  paragraph by the Secretary shall be deposited into a special Arctic Refuge
  Enforcement and Monitoring account established in the Treasury of the United
  States. Notwithstanding any other provision of law, amounts deposited into
  this special account for reimbursement of their respective costs during
  a given fiscal year shall be available for obligation or expenditure by
  the Director or the Alaska Departments of Fish and Game and Environmental
  Conservation until expended, without further appropriation, to provide
  for a continuation of planning, monitoring, and enforcement activities
  on the coastal plain: Provided, That reimbursement to the State shall be
  contingent upon the Governor of the State providing sufficient personnel
  on a continuing basis to effectively monitor and enforce State laws,
  regulations, and stipulations applicable to oil exploration, development,
  production, and transportation on the coastal plain;
  (8) placing limitations on access to exploratory drilling sites by requiring
  the use of helicopters, airplanes, freshwater ice roads, and freshwater
  ice airstrips, and vehicles traveling on freshwater ice roads. Off-road
  vehicular access to well sites apart from freshwater ice roads shall be
  avoided to the maximum extent possible and shall only be allowed during
  periods of adequate snow cover so as to avoid any significant adverse
  effect to the surface vegetative mat or soil of the coastal plain;
  (9) the regulation of access by all modes of transportation and the
  reduction of air traffic-related disturbance of fish and wildlife;
  (10) the regulation of the use of explosives and the extraction of sand
  and gravel: Provided, That the extraction of sand and gravel from rivers
  and streams shall ensure the maintenance of free passage, adequate rearing
  habitat, and the maintenance of water quality.
  (11) the regulation of methods or techniques for developing or transporting
  adequate supplies of water for oil and gas exploration, development,
  and production. The removal of water from existing lakes, streams,
  and springs shall be avoided to the maximum extent possible and shall
  ensure the maintenance of instream flows at levels necessary to provide
  for free fish passage, adequate rearing habitat, and the maintenance of
  water quality. The removal of water from natural fish-bearing waterbodies
  during the winter shall be prohibited;
  (12) the development of waste stream conservation and reduction plans
  involving the treatment or disposal of hazardous and toxic wastes, reserve
  pit fluids, solid wastes, and domestic wastewater. In recognition of the
  Secratary's land management responsibility for the protection of national
  wildlife refuges, treatment and disposal standards may take into account
  biological parameters designed to avoid significant adverse effects to
  fish and wildlife, through the process of bioaccumulation;
  (13) restrictions on sport hunting and fishing within the coastal plain
  by personnel associated with any exploration, development, or production
  activity on the coastal plain;
  (14) the construction of impermeable reserve pits and the requirement for
  periodic testing and chemical analysis of reserve pit fluids and adjacent
  tundra areas to monitor against leakage of such fluids, the reduction of
  snow accumulation in reserve pits, and the utilization of a reserve pit
  fluid disposal system which does not involve the disposal of reserve pit
  fluids onto the surface area or road surfaces of the coastal plain;
  (15) fuel storage and hazardous waste and oil spill contingency
  planning. The preparation of these contingency plans must commence prior
  to initiation of any exploration, development, or production activities,
  and must be updated biennially during oil or gas development, production,
  or transportation. Contingency plans shall include but not limited to,
  the identification of potential spill substances, the proposed response,
  removal, and disposal plans for such spilled substances, as well as the
  identification of potential natural resources that might be damaged by
  such spills. Contingency plans shall also set forth proposed measures
  for the immediate protection, rescue, and rehabilitation of all fish and
  wildlife which might be affected by such spill. Personnel must be trained
  in, and periodically tested for, the prevention and response to such spills;
  (16) field crew environmental briefings;
  (17) avoidance of significant adverse effects upon subsistence hunting,
  fishing, and trapping by local rural residents;
  (18) the use of smokeless flares or comparable technology during flow
  tests and other operations at drilling sites and production facilities
  so that the sites and facilities comply with State regulations regarding
  black smoke emissions;
  (19) compliance with Federal and State air and water quality standards;
  (20) the development of protective stipulations for archeological resources;
  (21) the prohibition of permanent facilities and structures, other than
  pipelines and roads, within three-fourths of a mile from the outermost banks
  of rivers and streams determined by the Secretary to contain environmentally
  sensitive riparian habitat. For purposes of this paragraph, the outermost
  bank of a designated river or stream shall be determined when the riverbed
  or strembed is full but not overflowing;
  (22) the development of dust control measures for roads which do not
  include the spraying of reserve pit fluids or other toxic or hazardous
  substances; and
  (23) all other protective environmental stipulations, restrictions, terms,
  and conditions deemed necessary by the Secretary.
  (c) FEDERAL-STATE INTERAGENCY ASSISTANCE- Consistent with the Director's
  land management responsibilities for the Arctic Refuge as provided for under
  (Public Law 94-223, 90 Stat. 199), the Secretary, through the Director,
  is authorized and encouraged to work cooperatively with, and to seek
  the assistance of, other Federal, State, borough, and local government
  agencies and officials in developing and implementing a comprehensive oil
  and gas leasing program for the coastal plain. The Secretary shall make
  a particular effort to periodically consult with the Village of Kaktovik
  and seek its views on the development and implementation of all phases of
  the leasing program for the coastal plain. The provisions of the Act of
  October 6, 1972 (5 App. II, U.S.C. 1-15) shall not apply to the development
  and implementation of such a leasing program for the coastal plain.
  (d) ENVIRONMENTAL MONITORING- The Secretary shall ensure that sufficient
  personnel are available on the coastal plain on a continuing basis
  to monitor and enforce the provisions of this Act and other applicable
  law. The Secretary shall include in the biennial report submitted pursuant
  to section 208 of this Act any recommendations for changes in law, including
  recommendations for increases in budget authority or personnel ceilings,
  to carry out the provisions of this Act in a more effective manner.
SEC. 204. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.
  (a) REGULATORY AUTHORITY- Notwithstanding the provisions of title XI of
  ANILCA (16 U.S.C. 3161-71) or other applicable law regarding the granting
  of rights-of-way, this title shall contain the sole and exclusive authority
  of the Secretary, through the Director, to grant a right-of-way across,
  or originating from within, the external boundaries of the coastal
  plain for purposes of a common carrier transportation or utility system
  corridor. Comprehensive oil and gas leasing and development regulations
  issued pursuant to sections 202 and 203 of this title shall include
  provisions regarding the granting of rights-of-way from or across the
  coastal plain. Any construction specifications regarding the transportation
  of oil or gas shall be developed in consultation with the Director of
  the Bureau of Land Management, other appropriate Federal agencies, and
  the State of Alaska. Right-of-way regulations shall be consistent with
  all environmental stipulations and restrictions set forth in this title,
  including the requirement that there be no significant adverse effects
  on fish and wildlife, their habitat, and the environment. No permanent
  or year-round right-of-way shall be granted until the first competitive
  lease sale has been held for the coastal plain. Right-of-way applications
  for oil and gas pipelines shall not be granted unless an adequate
  reclamation plan has been developed by the applicant which includes a
  mechanism for funding reclamation activities as required by section 213
  of this Act. Any pipeline which requires a right-of-way pursuant to this
  section and terminates at Prudhoe Bay shall not be considered to be part
  of the Trans-Alaska Pipeline for purposes of the Trans-Alaska Pipeline
  Authorization Act (43 U.S.C. 1651 et sec.) and the Oil Pollution Act of
  1990 (Public Law 101-380, 104 Stat. 485). Consistent with the bonding
  requirements set forth for oil and gas leaseholders in section 202(1) of
  this title, the Secretary shall require all rights-of-way holders to file
  performance bonds with the Secretary in amounts sufficient to provide for
  the reclamation of the right-of-way corridor upon cessation or completion
  of the activities requiring the granting of the right-of-way, and, in the
  case of a right-of-way for an oil or gas pipeline, to provide the means for
  the rapid and effective cleanup of any spills originating from the pipeline
  and the payment of all removal costs and damages as may be required under
  applicable law. The Secretary shall receive the fair market value for
  any right-of-way across the coastal plain. The last sentence of section
  4(d)(2) of the Refuge Administration Act shall apply to the granting of all
  rights-of-way pursuant to this section. The Secretary, through the Director,
  shall not be authorized to grant any right-of-way through or within the
  `Protective Management Zone' identified as such on the map entitled `Arctic
  National Wildlife Refuge Coastal Plain' dated January 20, 1989, nor shall
  the Secretary be authorized to grant any right-of-way for a transportation
  or utility corridor which would cross the Aichilik River. These regulations
  shall apply to any right-of-way request for a transportation or utility
  system corridor regardless of whether or not the request is associated
  with an authorized Federal oil and gas leasing program on the coastal plain.
  (b) CONSISTENCY OF RIGHT-OF-WAY STANDARDS- No right-of-way shall be granted
  for the construction of a segment of an oil or gas pipeline across the
  coastal plain unless the Secretary finds that the design specifications
  adopted for the construction of the remainder of the pipeline outside of
  the Arctic Refuge are at least as protective and sound from an environmental
  and engineering point of view as those set forth in the regulations issued
  under this title.
SEC. 205. CONSTRUCTION ACTIVITIES AFFECTING ARCTIC WILDLIFE REFUGE MARINE
COASTAL RESOURCES.
  (a) To protect the marine coastal resources of the Arctic National
  Wildlife Refuge, no more than two port facilities shall be authorized
  or permitted by the Secretary, through the Director, or by other Federal
  administrative authorities, to be constructed on Federal land or land owned
  by the Kaktovik Inupiat Corporation or any other public or private entity
  along the coastal area east of the westernmost bank of the mouth of the
  Staines River to the eastermost bank of the mouth of the Aichilik River
  as the result of any oil or gas exploration, development, or production
  directly or indirectly affecting the Arctic Refuge: Provided, That no port
  facility may be authorized within a distance of one and a half miles on
  either side of Pokok Bluffs.
  (b) No Federal authorization or permit regarding the construction or
  expansion of a port facility pursuant to subsection (a) of this section,
  including any on lands owned by the Kaktovik Inupiat Corporation or any
  other public or private entity, or the construction of any offshore causeway
  connected to the coastal area described in subsection (a) of this section,
  shall be granted without prior consultation with the United States Fish
  and Wildlife Service, the National Marine Fisheries Service, and the State,
  through the Alaska Department of Fish and Game. Notwithstanding any other
  provision of law, any authorization or permit authorizing such port facility
  or offshore causeway construction or expansion, including any on lands
  owned by the Kaktovik Inupiat Corporation or any other public or private
  entity, shall include those mandatory terms and conditions determined
  by these Federal and State fish and wildlife agencies to be necessary to
  avoid significant adverse effects to the marine coastal resources of the
  Arctic Refuge with particular emphasis to be placed on the avoidance of
  concentrated polar bear denning habitat.
SEC. 206. SUPPLEMENTAL ENFORCEMENT AUTHORITY.
  (a) RELATIONSHIP TO OIL POLLUTION ACT- Notwithstanding any other provision
  of that Act, the provisions of the Oil Pollution Act of 1990 (Public Law
  101-380, 104 Stat. 485) shall apply to any discharge of oil, or to the
  substantial threat of a discharge of oil, into or upon any area within or
  adjacent to the coastal plain, including land owned by the Kaktovik Inupiat
  Corporation or any other public or private entity. Each responsible party for
  an onshore facility from which such oil is discharged, or from which there
  is a substantial threat of such a discharge, shall be liable for removal
  costs and damages as provided for under the Oil Pollution Act of 1990.
  (b) CIVIL AND CRIMINAL ACTIONS- The Secretary shall diligently enforce
  all regulations, lease terms, conditions, restrictions, prohibitions,
  and stipulations promulgated pursuant to this Act. It shall be the
  responsibility of any lessee or right-of-way holder under this Act
  to maintain all operations within such lease area or right-of-way in
  compliance with regulations intended to protect persons and property on,
  and the fish and wildlife, their habitat, and the environment of, the
  coastal plain. Lessees and rights-of-way holders shall allow prompt access
  at the site of any operations subject to regulation under this Act to any
  appropriate Federal or State officer or inspector, and to provide such
  documents and records which are pertinent to occupational or public health,
  safety, or environmental protection, as may be requested. Whenever the
  Secretary determines that any person involved in oil and gas exploration,
  development, production, or transportation or related activities on
  the coastal plain is in violation of any applicable provision, term, or
  condition of any regulation, order, right-of-way grant, permit, lease, or
  other authorization, issued or granted by the Secretary, the Secretary may--
  (1) issue a compliance order requiring the person to take immediate action
  to comply with such provision or any rule, regulation, or order thereunder;
  (2) assess a civil penalty, not to exceed $20,000 for each violation. For
  purposes of imposing a civil penalty in connection with the violation of
  any right-of-way term or condition involving the construction, operation,
  or maintenance of an oil or gas pipeline, the maximum amount of the
  civil penalty authorized under this subsection may not exceed $100,000
  for each violation. Each day that a violation continues shall constitute
  a separate offense;
  (3) bring a civil action in accordance with subsection (d) of this section;
  (4) bring a criminal action:
  (A) in accordance with section 4 of the Refuge Administration Act; or
  (B) in accordance with the provisions of this paragraph in the case of
  any person who knowingly and willfully:
  (i) violates any provision of this Act, any term of a lease issued pursuant
  to this Act, or any regulation or order issued under the authority of
  this Act designed to protect health, safety, fish, wildlife, and plants,
  their habitat or the environment;
  (ii) makes any false statement, representation, or certification in any
  application, record, report, or other document filed or required to be
  maintained under this Act; or
(iii) falsifies, tampers with, or renders inaccurate any monitoring device
or method of record required to be maintained under this Act.
Upon conviction, any such person shall be punished by a fine pursuant to title
18 of the United States Code, or by imprisonment for not more than five years,
or both. Each day that a violation under subparagraph (i) of this paragraph
continues, or each day that any monitoring device or data recorder remains
inoperative or inaccurate because of any activity described in subparagraph
(iii) of this paragraph, shall constitute a separate violation; or
  (5) hold a responsible party jointly, severally, and strictly liable
  for any civil or criminal penalty assessed against an agent, operator,
  or employee of the responsible party.
  (c) SPECIFICITY OF COMPLIANCE ORDER- Any order issued under subsection (b)(1)
  of this section shall state with reasonable specificity the nature of the
  violation and shall, except in emergency situations, establish a strict
  time limit for compliance which the Secretary determines is reasonable,
  taking into account the seriousness of the violation and any good faith
  efforts to comply with the applicable provisions of law.
  (d) INJUNCTIVE AND OTHER CIVIL RELIEF- Upon request of the Secretary,
  the Attorney General shall commence a civil action for appropriate civil
  relief, including but not limited to damages or removal costs as provided
  for under the Oil Pollution Act of 1990 (Public Law 101-380, 104 Stat. 485)
  and the Comprehensive Environmental Response, Compensation, and Liability
  Act (42 U.S.C. 9601 et seq.), specific performance, or a permanent or
  temporary injunction, for any violation set forth in subsection (b) of this
  section. Any action under this subsection may be brought in the district
  court of the United States for the State, the District of Columbia, or the
  district court in which the defendant is located, resides, or is conducting
  business. Any such court shall have jurisdiction to restrain such violation,
  require compliance, or give ancillary relief.
  (e) CONCURRENT AND CUMULATIVE NATURE OF PENALTIES- The remedies and penalties
  prescribed in this section shall be concurrent and cumulative and the
  exercise of one shall not preclude the exercise of the others. Further,
  the remedies and penalties prescribed in this Act shall be in addition to
  any other remedies and penalties afforded by any other law or regulation.
SEC. 207. COMPREHENSIVE REFUGE PLANNING.
  The Secretary shall revise the comprehensive conservation plan prepared
  for the Arctic Refuge pursuant to section 304(g) of ANILCA within two
  years after the date of enactment of this Act. The revised comprehensive
  conservation plan shall include the coastal plain of the Arctic Refuge and
  shall reflect the management authorities and limitations then applicable
  to the coastal plain of the Arctic Refuge.
SEC. 208. CONSULTATION, REPORTING AND ADDITIONAL STUDIES.
  (a) CONSULTATION RESPONSIBILITIES- In developing oil and gas leasing
  regulations and related environmental stipulations, terms, and conditions
  pursuant to the provisions of this title, the Secretary shall consult
  with the Governor of the State and affected Native Village and Regional
  Corporations in evaluating the impact of oil and gas exploration,
  development, production, transportation, and related activities on the
  fish, wildlife and plant resources, their habitat, and the environment
  of the coastal plain. In addition, prior to publication of draft and
  final oil and gas leasing regulations, the Secretary shall consult with
  the appropriate agencies of the Government of Canada in evaluating such
  impacts, particularly with respect to the Porcupine caribou herd and other
  shared migratory resources.
  (b) REPORTING- Upon issuance of final competitive oil and gas leasing
  regulations, the Secretary shall report every two years to the Congress on
  the status of the leasing program. The report shall describe: the areas which
  have been leased; the level of exploration, development, and production
  on those areas; violations, if any, of the environmental stipulations,
  terms, and conditions of oil and gas leases and the Secretary's response to
  those violations; the population status of key species of fish, wildlife,
  and plants on the coastal plain; and the significant adverse effects,
  if any, of leasing activities upon these populations of fish, wildlife,
  and plants, their habitat, and the environment. No earlier than six
  years and no later than eight years after the date of first production
  of oil on the coastal plain, the Secretary shall include in his biennial
  report a summary of existing biological data regarding whether oil and
  gas exploration development or production could take place within the
  Protective Management Zone without significant adverse effects to the
  Porcupine caribou herd. The Secretary may include within this report any
  recommended statutory changes regarding the Protective Management Zone
  which he deems advisable and consistent with such existing biological data.
  (c) ENVIRONMENTAL STUDIES- In addition to any other environmental studies
  required by law, subsequent to the exploration or development of any
  area of the coastal plain for oil and gas, the Secretary shall conduct
  such additional studies to establish environmental information as he deems
  necessary, and shall systematically monitor the onshore, marine, and coastal
  environments of such area in comparison with any perviously-collected data
  for the purpose of identifying any trends or effects on fish, wildlife, and
  plants, their habitat, and the environment, and the causes and environmental
  significance of any such effects or changes.
SEC. 209. OIL AND GAS RECEIPTS FROM DESIGNATED ALASKAN UNITS OF THE NATIONAL
WILDLIFE REFUGE SYSTEM.
  (a) GENERAL PROVISIONS- Notwithstanding any other provision of law, all
  rents, royalties, bonus bids, or other revenues and receipts generated from
  Federal oil and gas leasing and related activities on the Arctic and the
  Teshekpuk-Utukok National Wildlife Refuges in the State of Alaska shall be
  paid into the Treasury of the United States and be disposed of pursuant
  to the provisions of this section: Provided, That the provisions of this
  section shall not apply to Federal income taxes generated by such oil and
  gas leasing and related activities and shall not apply to those areas
  within the Arctic and Teshekpuk-Utukok National Wildlife Refuges which
  are subject to any valid existing right for selection or interim conveyance.
  (b) DISPOSITION OF REVENUES- The Secretary of the Treasury shall disburse
  the amounts received at the Treasury pursuant to subsection (a) of this
  section in the following manner:
  (1) STATE OF ALASKA- Fifty per centum thereof shall be paid to the State
  of Alaska semiannually as soon as practicable after March 30 and September
  30 of each year; and
  (2) NATIONAL WILDLIFE REFUGE SYSTEM ENHANCEMENT FUND- Fifty per centum
  thereof shall be placed semiannually as soon as practicable after March 30
  and September 30 of each year into the National Wildlife Refuge Enhancement
  Fund established under section 210 of this Act.
SEC. 210. NATIONAL WILDLIFE REFUGE SYSTEM ENHANCEMENT FUND.
  (a) CREATION OF FUND- There is hereby established at the United States
  Treasury, the National Wildlife Refuge System Enhancement Fund. The monies
  in this Fund shall be allocated from the revenues and receipts of certain
  Federal oil and gas leasing programs as provided for under section 209(b)(2)
  of this Act. Such monies shall remain available in this Fund until expended
  by appropriation for the purposes provided for in subsection (b) of this
  section.
  (b) PURPOSE OF FUND- The purpose of the National Wildlife Refuge System
  Enhancement Fund shall be to promote the restoration and enhancement of
  units of the National Wildlife Refuge System by enabling the Director to
  fund projects and programs in the following areas--
  (1) refuge contaminant monitoring, assessment, removal, and natural
  resource restoration;
  (2) refuge water rights quantification and acquisition;
  (3) refuge energy conservation and efficiency improvement programs;
  (4) fish and wildlife research on refuges, including but not limited
  to research on the habitat needs and abundance of nongame species, the
  analysis of effects of development and pollution on refuge fish and wildlife
  populations, and the development of computerized refuge resource data bases;
  (5) the enhancement of refuge sport fishing programs;
  (6) the acquisition from willing sellers of inholdings within Alaskan units
  of the National Wildlife Refuge System or of lands in close proximity to
  any such unit, the acquisition of which would contribute significantly to
  the purposes for which the unit was established; and
  (7) such other refuge enhancement projects and programs deemed essential
  by the Director.
SEC. 211. TESHEKPUK-UTUKOK NATIONAL WILDLIFE REFUGE.
  (a) Effective on the date of the enactment of this Act, the area of
  approximately twenty-three million five hundred thousand acres depicted as
  the `Teshekpuk-Utukok National Wildlife Refuge' on a map so identified dated
  May 7, 1987, is established as a National Wildlife Refuge and as a unit of
  the National Wildlife Refuge System. Except as provided in subsection (d)
  of this section, this wildlife refuge shall be administered in accordance
  with the Refuge Administration Act (ANILCA), the Act of June 15, 1935
  (49 Stat. 383, 16 U.S.C. 715s), and other existing provisions of Federal
  fish and wildlife conservation law.
  (b) PURPOSES OF REFUGE- The purposes for which the wildlife refuge is
  established and shall be managed include--
  (1) to conserve fish and wildlife populations and habitats in their natural
  diversity, including but not limited to migratory waterfowl, raptors,
  and other migratory birds, barren-ground caribou, moose, polar bears,
  brown bears, wolves, fish, and marine mammals;
  (2) to fulfill the international treaty obligations of the United States
  with respect to fish and wildlife and their natural habitats;
  (3) to provide, in a manner consistent with the purposes set forth in
  paragraphs (1) and (2) of this subsection, the opportunity for continued
  subsistence uses by local residents; and
  (4) to ensure, to the maximum extent practicable and in a manner consistent
  with the purposes set forth in paragraph (1) of this subsection, water
  quality and necessary water quantity within the wildlife refuge.
  (c) COMPREHENSIVE CONSERVATION PLAN- The Secretary shall prepare a
  comprehensive conservation plan for the wildlife refuge in the manner
  provided in section 304(g) of ANILCA. Notwithstanding paragraph (6)(C) of
  such section, the plan shall be prepared before the end of the three-year
  period beginning on the date of the enactment of this Act.
  (d) COORDINATION WITH OTHER LAWS- (1) Oil and Gas Exploration and Leasing-
  (A) The Secretary, through the Director, in exercising his existing
  management authorities under section 4(d) of the Refuge Administration
  Act, shall not authorize any further oil or gas leasing within the area
  designated as the Teshekpuk-Utukok National Wildlife Refuge prior to
  either the expiration of a period of five years from the date of enactment
  of this Act or the issuance of final competitive oil and gas leasing
  regulations pursuant to subparagraph (B) of this paragraph, whichever
  is earlier. Notwithstanding the expiration of this limited moratorium,
  the Secretary shall not issue any additional oil and gas leases within
  the Teshekpuk Lake Special Area boundaries defined by the Secretary on
  June 3, 1977 (42 Fed. Reg. 28723). Any subsequent oil and gas leasing
  in Teshekpuk-Utukok National Wildlife Refuge by the Secretary shall be
  pursuant to the provisions of section (4)(d) of the Refuge Administration
  Act and this Act.
  (B) The enactment of this Act shall not affect the validity of any existing
  oil or gas lease within the area designated as the Teshekpuk-Utukok
  National Wildlife Refuge. Oil and gas exploration and related activities
  under existing leases shall avoid significant adverse effects upon fish
  and wildlife, their habitat, the environment, and upon the subsistence,
  recreational, historic, and scenic values and uses of the Refuge. In
  the case of termination or cancellation of any lease which would cause
  significant adverse effects to fish and wildlife, their habitat or the
  environment, the Secretary shall provide compensation to the lessee for
  the termination or cancellation of any such activity in accordance with the
  provisions of section 202(g) of this Act. Any oil and gas exploration and
  related activities shall continue, subject to the administrative control
  of the Secretary, through the Director, under existing leasehold terms and
  conditions until such time as the Secretary publishes final regulations
  regarding the exploration, development, production, and transportation
  of oil and gas in accordance with those provisions of sections 202,
  203, 204, 205, and 206 of this title which are capable of application to
  the Teshekpuk-Utukok National Wildlife Refuge. Upon publication of final
  regulations for the Teshekpuk-Utukok National Wildlife Refuge, existing oil
  and gas exploration activities shall conform to the requirements of the new
  regulations to the maximum extent practicable and feasible. The authority
  of the Federal and State fish and wildlife agencies set forth in subsection
  205(b) of this title shall apply to port facility or offshore causeway
  construction along the coastline of the Teshekpuk-Utukok National Wildlife
  Refuge. Notwithstanding any other provision of law, no transportation or
  utility corridor may be authorized or permitted which traverses a line from
  the line of mean high water at the easternmost point of Antigaru Point in
  Harrison Bay, thence due west to the western shoreline of Teshekpuk Lake
  unless the Secretary has concluded that there is no economically reasonable
  and prudent alternative route for such a corridor.
  (2) COAL FOR LOCAL USE AS FUEL- Section 8 of the Mineral Leasing Act
  (30 U.S.C. 208) shall continue to apply to the Teshekpuk-Utukok National
  Wildlife Refuge, subject to administration by the Secretary, through the
  Director. Authorizations in effect pursuant to that provision shall remain
  effective by their terms, and they shall be renewable notwithstanding
  any failure of the Secretary to adopt regulations implementing this fuel
  use program.
  (3) LIMITATIONS, SAVINGS CLAUSES-
  (A) The enactment of this Act shall not effect any valid existing right,
  including the right to select or acquire any land or interest in land, of--
  (i) any Native, Native Group Corporation, Native Village Corporation, or
  Native Regional Corporation (within the meaning given each term by section
  3 of the Alaska Native Claims Settlement Act (ANCSA) (43 U.S.C. 1601,
  as amended by the Alaska Native Claims Settlement Act Amendments of 1987,
  Public Law No. 100-241));
  (ii) the State or any political subdivision of the State; or
  (iii) any local rural resident,
under ANCSA, ANILCA, the Act of February 8, 1887 (24 Stat. 389), as amended
and supplemented, the Act of May 17, 1906 (34 Stat. 197), as amended, the
Act of June 25, 1910 (36 Stat. 363), the Barrow Gas Fields Transfer Act of
1984, 98 Stat. 470, sections 102 and 107 of the Naval Petroleum Reserves
Production Act of 1976 (42 U.S.C. 6502, 6504), or under the Act entitled
`An Act to provide for the admission of the State of Alaska into the Union'
and approved July 7, 1958 (48 U.S.C. prec. 21).
  (B) All rents, royalties, bonus bids, or other revenues and receipts
  generated under existing or future oil and gas leases for areas within the
  Teshekpuk-Utukok National Wildlife Refuge shall be distributed in accordance
  with section 209 of this Act: Provided, That in its allocation of funds
  received under this section, the State shall give priority to use by the
  North Slope Borough and other villages or cities most directly impacted
  by oil and gas leasing within the Teshekpuk-Utukok National Wildlife Refuge.
  (C) Nothing in this Act or the Refuge Administration Act shall limit the
  authority of the Secretary to take such actions as may be necessary to
  effectuate or recognize valid existing rights within the Teshekpuk-Utukok
  National Wildlife Refuge.
  (D) The right of free use and access for mineral materials accorded the
  North Slope Borough, municipalities, or Alaskan Natives under section
  102 of the Naval Petroleum Reserves Production Act (42 U.S.C. 6502),
  the Materials Act (30 U.S.C. 601) and the Barrow Gas Field Transfer Act
  of 1984, 98 Stat. 468 (1984) shall not be affected or diminished as the
  result of the enactment of this Act.
SEC. 212. PROPERTY INTERESTS OF THE ARCTIC SLOPE REGIONAL CORPORATION AND
THE KAKTOVIK INUPIAT CORPORATION.
  (a) FOURTH TOWNSHIP PROPERTY INTERESTS- The prohibitions and limitations
  contained in section 1003 of ANILCA, insofar as they have application
  to the subsurface property interests owned by the Arctic Slope Regional
  Corporation or the surface property interests owned by the Kaktovik Inupiat
  Corporation within the area described in section 1002(b)(1) of ANILCA,
  are repealed immediately upon completion of the first lease sale pursuant
  to section 202(b) of this Act. Consistent with the provisions of section
  22(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(g)),
  exploratory drilling shall not be authorized or allowed to take place
  involving property interests described in this subsection until after the
  first lease sale is held pursuant to section 202(b) of this Act.
  (b) PROPERTY INTERESTS IN ORIGINAL THREE TOWNSHIPS- The prohibitions and
  limitations contained in section 1003 of ANILCA, insofar as they have
  application to the subsurface property interests owned by the Arctic Slope
  Regional Corporation or the surface property interests owned by the Kaktovik
  Inupiat Corporation adjacent to the area described in section 1002(b)(1) of
  ANILCA, are repealed as of the date of enactment of this Act. Exploratory
  drilling may be authorized or allowed to take place involving property
  interests described in this subsection at any time after the date of
  enactment of this Act.
  (c) APPLICATION OF ENVIRONMENTAL CONTROLS- Consistent with the
  provisions of section 22(g) of the Alasska Native Claims Settlement Act
  (43 U.S.C. 1621(g)), the substantive environmental provisions of the
  final regulations issued pursuant to sections 202(a) and 203 of this
  Act shall apply to all oil and gas exploration, development, production,
  and transportation activities involving subsurface and surface property
  interests owned by the Arctic Slope Regional Corporation and the Kaktovik
  Inupiat Corporation within and adjacent to the area described in section
  1002(b)(1) of ANILCA: Provided, That prior to the publication of final
  regulations pursuant to sections 202(a) and 203 of this Act, Arctic Slope
  Regional Corporation and its lessees, contractees, permittees, and grantees
  shall conduct all exploratory drilling operations and related activities
  involving any property interests described in subsection (b) of this section
  in accordance with the self-executing environmental terms, conditions, and
  stipulations of this Act and the recommended mitigation measures contained
  on pages 167 through and including page 169 in the Department of the
  Interior's `Final Legislative Environmental Impact Statement' (April 1987)
  prepared pursuant to section 1002 of ANILCA, to the extent such mitigation
  measures are consistent with the provisions of this Act. For purposes
  of this subsection only, the term `self-executing environmental terms,
  conditions, and stipulations of this Act' shall mean the environmental
  provisions contained in subsections 202(c), 202(1), 203(a), 203(b), 205,
  and 206 of this Act and any interim informal guidelines developed by the
  Director to implement this subsection. Upon publication of final regulations
  pursuant to sections 202(a) and 203 of this Act, any ongoing oil and gas
  exploration activities involving property interests described in subsection
  (b) of this section shall conform to the requirements of the new regulations
  to the maximum extent practicable and feasible as determined by the Director.
  (d) COASTAL DRILLING- Consistent with the provisions of section 203(b)(3) of
  this Act, the Director may authorize and approve, on a case-by-case basis,
  the location of development drilling pads to within one-half mile of the
  mean high tideline on the coast involving property interests described
  in subsection (b) of this section when deemed necessary to allow for
  the recovery of shallow oil or gas deposits which could not otherwise be
  developed from a drilling pad located one and one-half miles from the coast.
  (e) APPROVAL OF PLANS OF OPERATION- All surface disturbance activities
  in support of oil and gas exploration, development, production and
  transportation activities involving Arctic Slope Regional Corporation and
  Kaktovik Inupiat Corporation surface and subsurface property interests
  described in subsections (a) and (b) of this section shall be undertaken in
  accordance with a plan of operations which has been reviewed and approved
  by the Director in accordance with the provisions of subsection 202(c)(5)
  of this Act: Provided, That the Director's determination under subsection
  202(c)(5) on any exploration plan submitted for such lands shall be made
  within one hundred and twenty days after receiving such plan. The Director is
  also authorized and directed to enter into such agreements with the Arctic
  Slope Regional Corporation and its contractees, permittees, and grantees,
  as deemed necessary, and to take such actions as are deemed necessary or
  appropriate for the protection of the United States against drainage.
  (f) EXPEDITED REVIEW- Any claims for money damages or other available
  relief brought by Arctic Slope Regional Corporation or Kaktovik Inupiat
  Corporation alleging that the provisions of this title constitute a taking
  of contract or property rights under the fifth amendment to the Constitution
  of the United States may be brought within one hundred and twenty days of
  its enactment. A claim shall be barred unless a complaint is filed within
  the time specified. Any such complaint shall be filed in a United States
  district court in Alaska or the District of Columbia, and such court shall
  have exclusive jurisdiction to determine such proceedings in accordance
  with the procedures hereinafter provided, and no other court of the United
  States, of any State, territory, or possession of the United States, or of
  the District of Columbia, shall have jurisdiction of any claim whether in
  a proceeding instituted prior to or on or after the date of enactment of
  this title. To the maximum extent practicable, any such proceeding shall be
  assigned for hearing at the earliest possible date, shall take precedence
  over other matters pending on the docket of the district court at that
  time, and shall be expedited in every way by such court. Any review of an
  interlocutory or final judgment, decree, or order of such district court
  may be had only upon direct appeal to the Supreme Court of the United States.
SEC. 213. LAND RECLAMATION OF THE COASTAL PLAIN.
  (a) The holders of oil and gas leases and rights-of-ways for lands within
  the coastal plain shall be fully responsible and liable for the reclamation
  of those lands to the extent that they have been adversely affected by
  the exploration, development, production, or transportation of oil and gas
  related activities within or across the coastal plain. For leases affected by
  production, final reclamation shall commence within two years of the date of
  cessation of oil or gas production and shall be completed as expeditiously
  as possible. The holders of leases and rights-of-way shall also be fully
  responsible and liable for conducting any land reclamation required as
  a result of activities conducted on their leases or rights-of-way by any
  subcontractor or agent. A lessee or right-of-way holder may not delegate
  or convey, by contract or otherwise, this responsibility and liability to
  another party without the express written approval of the Secretary.
  (b) STANDARD TO GOVERN LAND RECLAMATION- Lands required to be reclaimed
  under subsection (a) of this section, following their temporary disturbance
  or upon the conclusion of their use for the exploration, development,
  production, or transportation of oil and gas and related activities, shall
  be reclaimed and restored to a condition capable of supporting the fish
  and wildlife conservation uses which the lands were capable of supporting
  prior to any exploration, development, production, or transportation
  activities, or upon application by the lessee, to a higher or better fish
  or wildlife conservation use as approved by the Director: Provided, That
  in the case of drilling pads and other gravel foundation structures other
  than roads, reclamation and restoration shall be to a condition as closely
  approximating the original condition of such lands as is feasible. Such
  restoration and reclamation activities shall include the reestablishment
  of native vegetative communities in a diverse, effective, and permanent
  cover. Restoration responsibilities regarding the reestablishment of native
  vegetative communities shall remain for a period of five years after the
  last year of augmented seeding, fertilizing, or other vegetative restoration
  work on the affected reclaimed area within the coastal plain. Reclamation
  of lands shall be conducted in a manner that will not itself impair or
  cause significant adverse effects on fish and wildlife, their habitat,
  or the environment.
  (c) Coastal Plain Reclamation Fund-
  (1) The Coastal Plain Reclamation Fund is hereby authorized to be
  established as a nonprofit corporate entity that may sue and be sued in
  its own name. The reclamation fund shall be established and administered
  by the holders of any oil or gas pipeline right-of-way granted across the
  coastal plain in accordance with section 204 of this Act. The administration
  of the reclamation fund shall be in accordance with regulations prescribed
  by the Secretary. The reclamation fund shall be subject to an annual audit
  by the Comptroller General, and a copy of the audit shall be submitted to
  the Congress.
  (2) The holders of the pipeline right-of-way shall devise and implement a
  revenue generation plan for the fund which is acceptable to the Secretary
  and is capable of accumulating moneys in the reclamation fund at a rate of
  no less than the equivalent of 5 cents per barrel of oil or natural gas
  liquids delivered to the Trans-Alaska Pipeline. All revenues collected
  under this paragraph shall be paid into the reclamation fund. Reasonable
  administrative costs for the collection of revenues and management of
  the reclamation fund, up to a maximum of three per centum of the revenues
  collected in a given fiscal year, shall be reimbursable from the revenues
  in the reclamation fund. All collected sums not needed for administration
  and the satisfaction of reclamation responsibilities under this section
  shall be prudently invested in income-producing securities approved by the
  Secretary. Income from such securities shall be added to the principal of
  the reclamation fund.
  (3) The revenues in the reclamation fund shall be made available to the
  Secretary, through the Director, for the following purposes:
  (A) to reclaim any area of the coastal plain which has not been properly
  reclaimed by the holder of a lease or right-of-way within the coastal
  plain:a Provided, That; no revenues in the reclamation fund shall be used
  for the purpose of reclamation pursuant to this subparagraph unless the
  Secretary has first sought the forfeiture of the performance bond required
  of the responsible party pursuant to section 202(1) of this Act; and
  (B) up to 1 per centum of the revenues collected annually to be made
  immediately available to the Secretary to reclaim or restore any area of
  the Arctic National Wildlife Refuge outside the coastal plain or within
  Teshekpuk-Utukok National Wildlife Refuge previously disturbed by man and not
  properly reclaimed and restored by the party responsible for the disturbance.
  (4) The Secretary shall recover from any party or entity who is responsible
  for the reclamation of an area within the coastal plain, an amount equal to
  the funds expended under subparagraph (A) of paragraph (3) of this subsection
  due to a failure by the responsible party to reclaim such area as required by
  this Act. Any funds so recovered shall be deposited in the reclamation fund.
  (5) Any moneys remaining in the reclamation fund ten years after the period
  of active oil or gas exploration, development, production, and transportation
  has been concluded in the coastal plain shall be prorated and returned to
  the holders of the oil or gas pipeline right-of-way at an amount no greater
  than their contribution to the reclamation fund upon a determination by
  the Secretary that they have fully satisfied the standards of reclamation
  identified in subsection (b). Any remaining funds shall be divided evenly
  with half paid into the Migratory Bird Conservation Fund and the remaining
  half paid into the general receipts account of the United States Treasury.
SEC. 214. IMPACT AID FOR AFFECTED GOVERNMENTS AND COMMUNITIES.
  (a) There are authorized to be appropriated to the Department of the Interior
  such sums as may be necessary to carry out the provisions of this section.
  (b) The Secretary is authorized and directed to establish an impact aid
  grant program for those local governments and communities which may be
  affected by oil and gas leasing activities on the coastal plain. The
  governmental bodies for the North Slope Borough, Kaktovik, Nuiqsut,
  Anaktuvuk Pass, Chalkyitsik, Arctic Village, Venetie, and Fort Yukon shall
  be the sole recipients of any grants made pursuant to this section. Those
  communities listed in this subsection which are located within the North
  Slope Borough may either directly apply for grants from the Secretary or
  seek such assistance from the Secretary through the North Slope Borough.
  (c) The Secretary of the Interior shall conduct a study of projected
  impact aid needs within one year after date of enactment and shall send
  copies of this study to the appropriate committees of Congress. Upon
  completion of the study, the Secretary shall establish and administer
  a local impact aid program to provide necessary financial assistance to
  the North Slope Borough and the communities set forth in subsection (b)
  of this section. Assistance shall be provided for purposes of:
  (1) planning for mitigation of the potential effects of exploration
  and development on environmental, social, cultural, recreational, and
  subsistence values, and
  (2) planning, developing, and carrying out projects and programs that
  provide new or expanded public facilities and services, such as fire,
  police, water, waste treatment, medivac, and medical services necessitated
  by oil and gas leasing of the coastal plain.
The Secretary shall work closely with the North Slope Borough and the
affected local communities and shall assist them in developing and submitting
grant-in-aid proposals.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. MISCELLANEOUS AMENDMENTS TO THE MIGRATORY BIRD CONSERVATION ACT.
  (a) MIGRATORY BIRD CONSERVATION COMMISSION- Section 2 of the Migratory
  Bird Conservation Act (16 U.S.C.  715a) is amended by--
  (1) inserting `(a)' in front of the first sentence; and
  (2) striking out `two' each place that it appears and inserting in lieu
  thereof `four'.
  (b) PROPERTY INTERESTS WITHIN REFUGES- Section 6 of the Migratory Bird
  Conservation Act (16 U.S.C. 715e) is amended--
  (1) by inserting `(a)' before `The Secretary';
  (2) by inserting `, or by the head of any other Federal department or
  agency for the Secretary,' after `Secretary of Interior' the third place
  it appears therein;
  (3) by inserting `either (1)' after `subordinate to and subject to';
  (4) by striking out `or if deemed necessary' and all that follows thereafter
  and inserting the following: `, or (2) such rules and regulations as the
  Secretary of the Interior may from time to time prescribe.'; and
  (5) by adding at the end thereof the following:
  `(b) The rules and regulations set out in any deed or lease under subsection
  (a)(1) shall generally address the same fish and wildlife conservation
  matters and provide the same degree of resource and habitat protection,
  as are addressed and provided for at the time by general regulations
  applicable to the access to, and development of, reserved non-Federal
  mineral interests in areas within the National Wildlife Refuge System.'.
  (c) CONFORMING AMENDMENT- Section 4(d) of the Refuge Administration Act
  is amended by adding at the end thereof the following new paragraph:
  `(3) The Secretary shall permit by regulation limited access to, and the
  development of, reserved non-Federal mineral interests within the National
  Wildlife Refuge System. Any such access and development shall be carried
  out only in accordance with a permit which contains such economically
  reasonable terms and conditions as deemed necessary--
  `(A) to protect the fish and wildlife resources of, and their habitat in,
  the affected refuge from any significant adverse effects; and
  `(B) to minimize, to the maximum extent possible, any adverse effects upon
  such resources and their habitat.
Notwithstanding any provision of this section, any term or condition imposed
by the Secretary under this paragraph is in addition to any other requirement
that is imposed under other applicable Federal or State law.'.
SEC. 302. GENERAL AMENDMENTS TO THE FISH AND WILDLIFE IMPROVEMENT ACT OF 1978.
  Section 3(h)(3) of The Fish and Wildlife Improvement Act of 1978 (16
  U.S.C. 712(2)) is amended by inserting after the last sentence the following:
  `(3) The Secretary, through the Director of the United States Fish and
  Wildlife Service with the cooperation and assistance of the Secretary of
  State, is authorized to take action as may be necessary to implement the
  provisions of the Convention on Wetlands of International Importance
  Especially as Waterfowl Habitat (RAMSAR) (11 I.L.M. 963). There are
  authorized to be appropriated not to exceed $250,000 for each fiscal year
  through fiscal year 1998 to enable the Secretaries of Interior and State to
  carry out such responsibilities and functions as may exist in implementing
  the RAMSAR Convention.
SEC. 303. MANAGEMENT PLANS ON NATIONAL WILDLIFE REFUGES.
  Section 4(c) of the Refuge Administration Act is amended by adding at the
  end thereof the following: `Nothing in section 47 of title 18, United
  States Code, shall preclude the use of aircraft and motor vehicles in
  implementation of approved management plans on national wildlife refuges.'.
SEC. 304. CLARIFICATION OF REPORTING RESPONSIBILITIES.
  Section 2(b) of the Act of March 10, 1934 (16 U.S.C. 662(b)) is hereby
  amended by deleting the words `Secretary of the Interior' wherever they
  are found and substituting in lieu thereof the words `Director of the
  United States Fish and Wildlife Service.'.
SEC. 305. AMENDMENTS TO THE NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION
ACT OF 1966.
  (a) INTRODUCTORY PROVISIONS- The National Wildlife Refuge System
  Administration Act of 1966 (16 U.S.C. 668dd, 668ee) is amended by inserting
  before section 4 the following:
`SECTION 1. SHORT TITLE.
  `This Act may be cited as the `National Wildlife Refuge System Administration
  Act'.
`SEC. 2. DEFINITIONS.
  `In this Act--
  `(1) the term `Director' means the Director of the United States Fish and
  Wildlife Service;
  `(2) the term `fish and wildlife' means any member of the animal kingdom,
  including any mammal, fish, bird, amphibian, reptile, mollusk, crustacean,
  or anthropoid or other invertebrate;
  `(3) the term `migratory birds' means all wild birds native to North America
  that are in an unconfined state and are protected under the Migratory Bird
  Treaty Act (16 U.S.C. 703 et seq.);
  `(4) the term `originating laws and orders' means the laws, proclamations,
  executive orders, public land orders, or interagency cooperative agreements
  establishing a refuge;
  `(5) the term `person' means any individual, partnership, corporation,
  or association;
  `(6) the term `refuge' means a unit of the National Wildlife Refuge System;
  `(7) the term `Secretary' means the Secretary of the Interior, acting
  through the Director of the United States Fish and Wildlife Service;
  `(8) the term `Service' means the United States Fish and Wildlife Service;
  `(9) the terms `State' and `United States' mean the several States of the
  United States, the Commonwealth of Puerto Rico, American Samoa, the Virgin
  Islands, Guam, and other United States possessions;
  `(10) the term `System' means the National Wildlife Refuge System; and
  `(11) the term `take' or `taking' or `taken' means to pursue, hunt, shoot,
  capture, collect, kill or to attempt to pursue, hunt, shoot, capture,
  collect, or kill.
`SEC. 3. PURPOSES.
  `(a) SYSTEM AND REFUGE PURPOSES- In addition to the purposes set forth
  under the originating laws and orders establishing individual units of
  the National Wildlife Refuge System, the Secretary shall administer the
  System pursuant to section 4 of this Act, and plan for its expansion,
  for the following major purposes:
  `(1) acquiring, restoring, maintaining, and managing a national network of
  lands and water necessary and sufficient in size, variety, and location,
  to conserve the Nation's natural diversity of native fish, wildlife, and
  plants and their habitats for the benefit of present and future generations;
  `(2) conserving and managing resident species of fish and wildlife and
  plants in refuges, with special attention to--
  `(A) species that are listed as endangered or threatened, or identified as
  candidates for such listing, pursuant to the Endangered Species Act of 1973
  (16 U.S.C. 1531 et seq.);
  `(B) migratory birds; and
  `(C) marine mammals;
  `(3) preserving and enhancing the water quality of aquatic habitats within
  refuges; and
  `(4) helping fulfill the international treaty obligations of the United
  States with respect to fish and wildlife and their habitats.
  `(b) CONFLICTS BETWEEN REFUGE PURPOSES- If the Secretary finds that a
  conflict exists between a major purpose set forth in the originating
  law or order establishing a refuge and one or more of the other major
  purposes set forth in subsection (a) of this section, the Secretary shall
  resolve the conflict in a manner that fulfills the purpose set forth in
  the originating law or order, while attempting to achieve, to the extent
  possible, the other purposes set forth in subsection (a).
  `(c) ALASKAN NATIONAL WILDLIFE REFUGES- The provisions of this section
  shall not apply to the administration and management of Alaskan units of
  the System.
  `(d) RECREATION- Nothing in this section prohibits the Secretary
  from providing opportunities for compatible fish-and-wildlife-oriented
  recreation in the System consistent with the Refuge Recreation Act of 1962
  (16 U.S.C. 460k et seq.).'.
  (b) REQUIREMENTS FOR DISPOSAL OF SYSTEM LANDS AND INTERESTS- Section
  4(a)(2) of the National Wildlife Refuge System Administration Act of 1966
  (16 U.S.C. 668dd(a)(2)) is amended--
  (1) in the matter preceding subparagraph (A) by inserting `or interests in
  lands' after `acquired lands' and by inserting `or by the granting of an
  easement or right-of-way pursuant to subsection (d)(1)(B) of this section'
  after `of this section';
  (2) in subparagraph (A)--
  (A) by inserting `or interests' after `such lands'; and
  (B) by inserting `and the purposes for which the unit of the System in which
  the lands are located, or to which the interests relate, was established;'
  after `purposes for which the System was established'; and
  (3) in subparagraph (B)--
  (A) in the matter preceding clause (i) by inserting `or interests' after
  `such lands';
  (B) in clause (i) by inserting `or interests' after `lands' each place
  that word appears; and
  (C) in clause (ii) by inserting `or interests' after `lands' each place
  that word appears.
  (c) MANAGEMENT OF SYSTEM LANDS AND INTERESTS- Section 4(a) of the National
  Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a))
  is amended by adding at the end the following:
  `(4) No acquired land or interests in land purchased with funds from
  the Land and Water Conservation Fund or the Migratory Bird Conservation
  Fund for inclusion in the System shall be managed by an organization or
  agency other than the United States Fish and Wildlife Service unless it
  is otherwise provided for by an Act of Congress or pursuant to the terms
  of an existing interagency cooperative management agreement signed prior
  to January 1, 1991.'.
  (d) LANDS AND INTERESTS ACQUIRED BY EXCHANGES- Section 4(b)(3) of
  the National Wildlife Refuge System Administration Act of 1966 (16
  U.S.C. 668dd(b)(3)) is amended--
  (1) in clause (A) by inserting after `suitable for disposition,' the
  following: `except that acquired lands, and interests in acquired lands,
  may only be exchanged if he finds they are suitable for disposition and
  are no longer needed for the purposes for which the System was established
  and the purposes for which the unit of the System in which the lands are
  located, or to which the interests relate, was established,'; and
  (2) by adding at the end the following: `Exchanges authorized pursuant
  to this paragraph shall not include the exchange of easements or other
  interests in land which would provide for the management of a unit of the
  System by an organization or agency other than the United States Fish and
  Wildlife Service unless otherwise provided for by an Act of Congress. Nothing
  in this paragraph shall be interpreted as prohibiting the Secretary from
  making, by exchange, minor or technical adjustments in the boundaries of
  a unit of the System.'.
  (e) CONFORMING AMENDMENT- Section 5 of the National Wildlife Refuge System
  Administration Act (16 U.S.C. 668ee) is deleted in its entirety.