legislation: 100-hr-3928
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| 100-hr-3928 | 100 | hr | 3928 | Arctic Coastal Plain Management Act of 1988 | Energy | 1988-02-09 | 1988-06-10 | Subcommittee Hearings Held. | House | Rep. Anderson, Glenn M. [D-CA-32] | CA | D | A000189 | 0 | Title I: Congressional Findings, Policy, and Definitions - Arctic Coastal Plain Management Act of 1988 - Sets forth congressional findings and policy relating to oil and gas exploration and development and fish and wildlife conservation in the Arctic National Wildlife Refuge, Alaska, and its coastal plain. Title II: Oil and Gas Leasing on the Coastal Plain - Directs the Secretary of the Interior to initiate an oil and gas leasing program for the coastal plain. States that leases shall be issued for an initial period of 15 years and shall be extended for as long as: (1) there is oil or gas produced in paying quantities; (2) continuous drilling or reworking operations are conducted; or (3) other specified conditions are met. Provides that, after the initial lease sale, lease sales shall be held every two years and shall offer all Federal lands in the coastal plain which are unleased and which are prospective for oil and gas, and can be developed without significant adverse impacts on fish and wildlife resources. Allows the Secretary to solicit confidential nominations as to lands which are prospective for oil and gas. Provides for the administration of leasing, cancellation of non-producing leases, and cancellation of producing leases for violations of this Act. Requires oil and gas lessees to submit to the Secretary for approval separate plans of operation for exploration or development and production. Directs the Secretary to have environmental analysis statements prepared on proposed plans of operation, assessing effects on the fish and wildlife populations and their habitats, and mitigation plans. States that to the extent possible, the Secretary shall incorporate and utilize environmental analyses prepared for previous plans of operations and lease sales. Provides for a period of notice and comment following submission of a proposed operations plan. States that it is the intent of the Congress that permitting of oil and gas operations on the coastal plain be expedited as much as possible consistent with this Act and fish and wildlife resources protection. Encourages the Secretary to enter into consultative mechanisms as necessary to accomplish the expedited permitting. Requires plan approval determinations to be made by the Secretary within 60 days of submission. Requires the Secretary, if the determination is negative, to return the plan along with a statement of modifications necessary for its approval. Sets forth conditions for suspension of leases and cancellation of leases due to environmental hazards. States that provisions of the Federal Oil and Gas Royalty Management Act of 1982 shall apply to royalties generated from oil and gas leasing on the coastal plain. Allows the Secretary to reduce the rental, or minimum royalty, when leases cannot be successfully operated under the terms of this Act. Directs the Secretary to initiate a continuing process of land use planning to direct oil and gas resource development. Requires the plan to be conducted in a manner which will permit a thorough exploration of the plain's hydrocarbon resource potential and which provides for consultation with Alaska, the North Slope Borough, and the village of Kaktovik. Includes the Jago Highlands area (a concentrated caribou calving area) in the competitive leasing program, subject to a special conditional leasing program which requires that activities not interfere with the use of the area by caribou. Requires all activities taking place in the Jago Highlands to be monitored by a Joint Wildlife Committee composed of representatives from the State of Alaska and the Department of the Interior. Includes non-voting representatives from the North Slope Borough and the lease holders. Reimburses the committee's costs from a special $2.50 per acre annual rental surcharge on Jago Highlands lease lands. Authorizes the committee to recommend to the Secretary that permits be granted for drilling two wells in the Jago Highlands during the summer if new and useful scientific information would result. Prescribes conditions under which the Secretary may authorize development and production in the Jago Highlands. States that the exploratory drilling program for the Jago Highlands may continue so long as there is active industry interest. Makes coastal plain lease holders responsible for reclamation of lands. States that the Arctic National Wildlife Refuge, Alaska, Coastal Plain Resource Assessment (prepared pursuant to the Alaska National Interest Lands Conservation Act) and the Final Legislative Environmental Impact Statement on the coastal plain (prepared pursuant to the National Environmental Policy Act) are found by the Congress to be adequate and to satisfy legal requirements with respect to actions by the Secretary to implement the Coastal Plain Competitive Leasing Program. States that, other than as required by this Act, no further studies or assessments shall be required before the Secretary may implement the Coastal Plain Competitive Leasing Program and conduct the first lease sale. States that it is the intent of the Congress that judicial review of any administrative actions pursuant to this Act shall be expedited to the maximum extent possible. Bars actions seeking judicial review of the adequacy of any environmental impact statement unless brought within a specified time. Provides that when activities require an environmental impact statement, one section of such statement shall specifically address impacts on Eskimo residents of the village of Kaktovik and on any other affected Alaskan village. States that the analysis contained in such section shall satisfy specified provisions of the Alaska National Interest Lands Conservation Act of 1980. Requires the Secretary to manage leasing activities in a manner which precludes a significant adverse impact on fish and wildlife, their habitat, the environment, and the subsistence uses of local residents. Sets forth the scope of regulations, lease terms, conditions, and stipulations which the Secretary may impose to protect the coastal plain's resources. Gives the Secretary authority to grant rights-of-way across the coastal plain, other parts of the Arctic Refuge, and other Federal lands as reasonably necessary for oil and gas exploration, development, and transportation. Outlines right-of-way relinquishment procedures and compensation rights. Sets forth civil and criminal penalties for violations of pertinent Federal law. Establishes joint, several, and strict liability for damages to the coastal plain for oil or hazardous substances pollution. Directs the Secretary to revise the comprehensive conservation plan prepared for the Arctic Refuge within one year of the first oil and gas leasing. Requires the Secretary, in developing regulations and related conditions, to work closely with the State Governor and affected Native Village and Regional Corporations in evaluating the impact of oil and gas exploration, development, and production on the environment. Requires consultation with Canada in evaluating such impacts, particularly regarding the Porcupine caribou herd and other shared migratory resources. Requires an annual report to be submitted by the Secretary to the appropriate committees of the Congress on the status of the Coastal Plain Leasing Program. Authorizes geological and geophysical investigations of the coastal plain. Provides for regulations to govern the confidentiality of data acquired. Authorizes the Secretary to request comments from and review of proposed regulations by the Arctic Research Commission. Repeals the prohibition against oil and gas production from the Arctic National Wildlife Refuge. Makes the publication of final environmental regulations a prerequisite to any authorized surface disturbances involving subsurface property interests. Applies such regulations to the development of all subsurface property interests owned by the Inupiat Eskimos within and adjacent to the coastal plain. Mandates the establishment of the Coastal Plain Liability and Reclamation Fund within six months of a commercial discovery within the coastal plain study area. Outlines the Fund's administration and revenue-collecting procedures. Imposes fees on coastal plain oil and gas extractions. Requires the Secretary to serve as the Federal Coordinator of State/Federal Interdisciplinary Coordination with respect to a joint participation agreement with the State of Alaska regarding the planning and enforcement of oil and gas production activities on the coastal plain. Amends the Alaska National Interest Lands Conservation Act to prohibit the Secretary from conveying any coastal plain land interests without prior approval by an Act of Congress. Title III: Distribution of Revenue - Mandates that all revenues generated by the Coastal Plain Competitive Leasing Program (including the sale of sand and gravel), and from any such activities on the coastal plain study area authorized by subsequent Federal law shall be deposited into the Coastal Plain Revenue Fund. Sets forth revenue disposition procedures, distributing monies for the State of Alaska, for impact aid for villages, for migratory bird habitats, and for other purposes. Amends the Migratory Bird Hunting Stamp Act to direct the Secretary to segregate Coastal Plain oil and gas production revenues from other monies within the Migratory Bird Conservation Fund and to make such revenues available for wildlife refuges under the Migratory Bird Conservation Act. Amends the Migratory Bird Conservation Act to authorize the Migratory Bird Conservation Commission to act upon acquisition recommendations by the Secretary of the Interior regarding: (1) the North American Waterfowl Plan with Canada; and (2) land and water interests acquired with revenues generated from coastal plain oil and gas production activities. Establishes the Fish and Wildlife Enhancement Trust Fund to promote fish and wildlife conservation through the funding of projects with oil and gas receipts. Requires the Secretary to submit annual expenditure summaries to congressional committees. Title IV: Miscellaneous Provisions - Amends the Refuge Administration Act and the Refuge Recreation Act to increase the civil and criminal penalties for violations of the Secretary's regulations. Amends the Migratory Bird Conservation Act to require that deed or lease terms address the same animal conservation and resource protection matters as are addressed in connection with non-Federal mineral interests within National Wildlife Refuge System areas. Directs the Secretary to permit limited access to and development of reserved non-Federal mineral interests within the System. Amends the Fish and Wildlife Improvement Act of 1978 to authorize appropriations through FY 1997 to enable the Secretary to implement the provisions of the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (RAMSAR). Amends the Refuge Administration Act to state that the prohibition on the use of aircraft or motor vehicles to hunt wild horses or burros shall not preclude the use of such aircraft or vehicles in implementing approved management plans on national wildlife refuges. Proscribes the exportation of crude oil produced from coastal plain lands, subject to a specified exception in the Export Administration Act of 1979. Directs the Secretary, at the request of the North Slope Borough government, to assist in establishing a job skills training program for various Alaskan Native groups. Mandates that the Sadlerochit Spring Special Management Area be the subject of special regulations issued by the Secretary in order to protect its unique character. Authorizes the Secretary to designate up to ten other areas of the coastal plain study area as Special Management Areas requiring special protection. Authorizes the issuance of oil and gas leases for such Special Areas, but prohibits exploratory or developmental surface activity. Establishes as a wildlife refuge area the Utokok National Wildlife Refuge. Expands the Arctic National Wildlife Refuge by a specified acreage. Directs the Secretary to remove the use and development restrictions placed upon oil and gas activities on private lands owned by Arctic Slope Regional Corporation and Kaktovik Inupiat Corporation. Directs the Secretary to grant rights-of-way and easements to the two corporations to enable them to use Federal lands and resources within the coastal plain study area and the Arctic National Wildlife Refuge which are necessary for the efficient use of oil, gas, and other minerals from their privately owned lands. Excludes the private lands owned by the Inupiat Eskimo people through their Regional and Village Corporations within and adjacent to the village of Kaktovik from the designated exterior boundaries of the coastal plain study area and the Arctic National Wildlife Refuge. Authorizes the Secretary to conduct lease sales in a manner which will enable independent oil and gas producers to have a competitive opportunity to bid on coastal plain study area leases. Authorizes the Secretary of State to explore joint planning between the United States and Canada regarding: (1) crude oil and natural gas activities; (2) safety and environmental risks associated with crude oil transportation; and (3) a natural gas joint transportation system. Establishes an Impact Aid Assistance Fund for local governments affected by oil and gas leasing and developmental activities on the coastal plain. Authorizes appropriations to such Fund. Directs the Secretary of Energy to establish an Energy Research and Demonstration Grant Program to promote energy conservation and alternative energy technologies which have the capacity to significantly reduce U.S. reliance on imported oil. | 2025-08-28T20:07:36Z |