[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2758 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 2758
To authorize the exploration, leasing, development, production, and
economically feasible and prudent transportation of oil and gas in and
from the Coastal Plain in Alaska.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 13, 2008
Ms. Murkowski (for herself and Mr. Stevens) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To authorize the exploration, leasing, development, production, and
economically feasible and prudent transportation of oil and gas in and
from the Coastal Plain in Alaska.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Energy Independence and
Security Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coastal plain.--The term ``Coastal Plain'' means that
area identified as the ``1002 Coastal Plain Area'' on the map.
(2) Federal agreement.--The term ``Federal Agreement''
means the Federal Agreement and Grant Right-of-Way for the
Trans-Alaska Pipeline issued on January 23, 1974, in accordance
with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and
the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et
seq.).
(3) Final statement.--The term ``Final Statement'' means
the final legislative environmental impact statement on the
Coastal Plain, dated April 1987, and prepared pursuant to
section 1002 of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3142) and section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(4) Map.--The term ``map'' means the map entitled ``Arctic
National Wildlife Refuge'', dated September 2005, and prepared
by the United States Geological Survey.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (or the designee of the Secretary), acting
through the Director of the Bureau of Land Management in
consultation with the Director of the United States Fish and
Wildlife Service and in coordination with a State coordinator
appointed by the Governor of the State of Alaska.
SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.
(a) In General.--
(1) Authorization.--Subject to section 14, Congress
authorizes the exploration, leasing, development, production,
and economically feasible and prudent transportation of oil and
gas in and from the Coastal Plain.
(2) Actions.--Subject to section 14, the Secretary shall
take such actions as are necessary--
(A) to establish and implement, in accordance with
this Act, a competitive oil and gas leasing program
that will result in an environmentally sound program
for the exploration, development, and production of the
oil and gas resources of the Coastal Plain while taking
into consideration the interests and concerns of
residents of the Coastal Plain, which is the homeland
of the Kaktovikmiut Inupiat; and
(B) to administer this Act through regulations,
lease terms, conditions, restrictions, prohibitions,
stipulations, and other provisions that--
(i) ensure the oil and gas exploration,
development, and production activities on the
Coastal Plain will result in no significant
adverse effect on fish and wildlife, their
habitat, subsistence resources, and the
environment; and
(ii) require the application of the best
commercially available technology for oil and
gas exploration, development, and production to
all exploration, development, and production
operations under this Act in a manner that
ensures the receipt of fair market value by the
public for the mineral resources to be leased.
(b) Repeal.--
(1) Repeal.--Section 1003 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3143) is repealed.
(2) Conforming amendment.--The table of contents contained
in section 1 of that Act (16 U.S.C. 3101 note) is amended by
striking the item relating to section 1003.
(c) Compliance With Requirements Under Certain Other Laws.--
(1) Compatibility.--For purposes of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.)--
(A) the oil and gas pre-leasing and leasing
program, and activities authorized by this section in
the Coastal Plain, shall be considered to be compatible
with the purposes for which the Arctic National
Wildlife Refuge was established; and
(B) no further findings or decisions shall be
required to implement that program and those
activities.
(2) Adequacy of the department of the interior's
legislative environmental impact statement.--The Final
Statement shall be considered to satisfy the requirements under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) that apply with respect to pre-leasing activities,
including exploration programs and actions authorized to be
taken by the Secretary to develop and promulgate the
regulations for the establishment of a leasing program
authorized by this Act before the conduct of the first lease
sale.
(3) Compliance with nepa for other actions.--
(A) In general.--Before conducting the first lease
sale under this Act, the Secretary shall prepare an
environmental impact statement in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to the actions authorized by
this Act that are not referred to in paragraph (2).
(B) Identification and analysis.--Notwithstanding
any other provision of law, in carrying out this
paragraph, the Secretary shall not be required--
(i) to identify nonleasing alternative
courses of action; or
(ii) to analyze the environmental effects
of those courses of action.
(C) Identification of preferred action.--Not later
than 18 months after the date of enactment of this Act,
the Secretary shall--
(i) identify only a preferred action and a
single leasing alternative for the first lease
sale authorized under this Act; and
(ii) analyze the environmental effects and
potential mitigation measures for those 2
alternatives.
(D) Public comments.--In carrying out this
paragraph, the Secretary shall consider only public
comments that are filed not later than 20 days after
the date of publication of a draft environmental impact
statement.
(E) Effect of compliance.--Notwithstanding any
other provision of law, compliance with this paragraph
shall be considered to satisfy all requirements for the
analysis and consideration of the environmental effects
of proposed leasing under this Act.
(d) Relationship to State and Local Authority.--Nothing in this Act
expands or limits any State or local regulatory authority.
(e) Special Areas.--
(1) Designation.--
(A) In general.--The Secretary, after consultation
with the State of Alaska, the North Slope Borough,
Alaska, and the City of Kaktovik, Alaska, may designate
not more than 45,000 acres of the Coastal Plain as a
special area if the Secretary determines that the
special area would be of such unique character and
interest as to require special management and
regulatory protection.
(B) Sadlerochit spring area.--The Secretary shall
designate as a special area in accordance with
subparagraph (A) the Sadlerochit Spring area,
comprising approximately 4,000 acres as depicted on the
map.
(2) Management.--The Secretary shall manage each special
area designated under this subsection in a manner that--
(A) respects and protects the Native people of the
area; and
(B) preserves the unique and diverse character of
the area, including fish, wildlife, subsistence
resources, and cultural values of the area.
(3) Exclusion from leasing or surface occupancy.--
(A) In general.--The Secretary may exclude any
special area designated under this subsection from
leasing.
(B) No surface occupancy.--If the Secretary leases
all or a portion of a special area for the purposes of
oil and gas exploration, development, production, and
related activities, there shall be no surface occupancy
of the land comprising the special area.
(4) Directional drilling.--Notwithstanding any other
provision of this subsection, the Secretary may lease all or a
portion of a special area under terms that permit the use of
horizontal drilling technology from sites on leases located
outside the special area.
(f) Limitation on Closed Areas.--The Secretary may not close land
within the Coastal Plain to oil and gas leasing or to exploration,
development, or production except in accordance with this Act.
(g) Regulations.--
(1) In general.--Not later than 15 months after the date of
enactment of this Act, in consultation with appropriate
agencies of the State of Alaska, the North Slope Borough,
Alaska, and the City of Kaktovik, Alaska, the Secretary shall
issue such regulations as are necessary to carry out this Act,
including rules and regulations relating to protection of the
fish and wildlife, fish and wildlife habitat, and subsistence
resources of the Coastal Plain.
(2) Revision of regulations.--The Secretary may
periodically review and, as appropriate, revise the rules and
regulations issued under paragraph (1) to reflect any
significant scientific or engineering data that come to the
attention of the Secretary.
SEC. 4. LEASE SALES.
(a) In General.--Land may be leased pursuant to this Act to any
person qualified to obtain a lease for deposits of oil and gas under
the Mineral Leasing Act (30 U.S.C. 181 et seq.).
(b) Procedures.--The Secretary shall, by regulation, establish
procedures for--
(1) receipt and consideration of sealed nominations for any
area in the Coastal Plain for inclusion in, or exclusion (as
provided in subsection (c)) from, a lease sale;
(2) the holding of lease sales after that nomination
process; and
(3) public notice of and comment on designation of areas to
be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Bidding for leases under this Act shall be by
sealed competitive cash bonus bids.
(d) Acreage Minimum in First Sale.--For the first lease sale under
this Act, the Secretary shall offer for lease those tracts the
Secretary considers to have the greatest potential for the discovery of
hydrocarbons, taking into consideration nominations received pursuant
to subsection (b)(1), but in no case less than 200,000 acres.
(e) Timing of Lease Sales.--The Secretary shall--
(1) not later than 22 months after the date of enactment of
this Act, conduct the first lease sale under this Act;
(2) not later than September 30, 2010, conduct a second
lease sale under this Act; and
(3) conduct additional sales at appropriate intervals if
sufficient interest in exploration or development exists to
warrant the conduct of the additional sales.
SEC. 5. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--Upon payment by a lessee of such bonus as may be
accepted by the Secretary, the Secretary may grant to the highest
responsible qualified bidder in a lease sale conducted pursuant to
section 4 a lease for any land on the Coastal Plain.
(b) Subsequent Transfers.--
(1) In general.--No lease issued under this Act may be
sold, exchanged, assigned, sublet, or otherwise transferred
except with the approval of the Secretary.
(2) Condition for approval.--Before granting any approval
described in paragraph (1), the Secretary shall consult with
and give due consideration to the opinion of the Attorney
General.
SEC. 6. LEASE TERMS AND CONDITIONS.
(a) In General.--An oil or gas lease issued pursuant to this Act
shall--
(1) provide for the payment of a royalty of not less than
12\1/2\ percent of the amount or value of the production
removed or sold from the lease, as determined by the Secretary
in accordance with regulations applicable to other Federal oil
and gas leases;
(2) provide that the Secretary may close, on a seasonal
basis, such portions of the Coastal Plain to exploratory
drilling activities as are necessary to protect caribou calving
areas and other species of fish and wildlife;
(3) require that each lessee of land within the Coastal
Plain shall be fully responsible and liable for the reclamation
of land within the Coastal Plain and any other Federal land
that is adversely affected in connection with exploration,
development, production, or transportation activities within
the Coastal Plain conducted by the lessee or by any of the
subcontractors or agents of the lessee;
(4) provide that the lessee may not delegate or convey, by
contract or otherwise, that reclamation responsibility and
liability to another person without the express written
approval of the Secretary;
(5) provide that the standard of reclamation for land
required to be reclaimed under this Act shall be, to the
maximum extent practicable--
(A) a condition capable of supporting the uses that
the land was capable of supporting prior to any
exploration, development, or production activities; or
(B) upon application by the lessee, to a higher or
better standard, as approved by the Secretary;
(6) contain terms and conditions relating to protection of
fish and wildlife, fish and wildlife habitat, subsistence
resources, and the environment as required under section
3(a)(2);
(7) provide that each lessee, and each agent and contractor
of a lessee, use their best efforts to provide a fair share of
employment and contracting for Alaska Natives and Alaska Native
Corporations from throughout the State of Alaska, as determined
by the level of obligation previously agreed to in the Federal
Agreement; and
(8) contain such other provisions as the Secretary
determines to be necessary to ensure compliance with this Act
and regulations issued under this Act.
(b) Project Labor Agreements.--The Secretary, as a term and
condition of each lease under this Act, and in recognizing the
proprietary interest of the Federal Government in labor stability and
in the ability of construction labor and management to meet the
particular needs and conditions of projects to be developed under the
leases issued pursuant to this Act (including the special concerns of
the parties to those leases), shall require that each lessee, and each
agent and contractor of a lessee, under this Act negotiate to obtain a
project labor agreement for the employment of laborers and mechanics on
production, maintenance, and construction under the lease.
SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized
Coastal Plain Activities.--In accordance with section 3, the Secretary
shall administer this Act through regulations, lease terms, conditions,
restrictions, prohibitions, stipulations, or other provisions that--
(1) ensure, to the maximum extent practicable, that oil and
gas exploration, development, and production activities on the
Coastal Plain will result in no significant adverse effect on
fish and wildlife, fish and wildlife habitat, and the
environment;
(2) require the application of the best commercially
available technology for oil and gas exploration, development,
and production on all new exploration, development, and
production operations; and
(3) ensure that the maximum surface acreage covered in
connection with the leasing program by production and support
facilities, including airstrips and any areas covered by gravel
berms or piers for support of pipelines, does not exceed 2,000
acres on the Coastal Plain.
(b) Site-Specific Assessment and Mitigation.--The Secretary shall
require, with respect to any proposed drilling and related activities
on the Coastal Plain, that--
(1) a site-specific environmental analysis be made of the
probable effects, if any, that the drilling or related
activities will have on fish and wildlife, fish and wildlife
habitat, subsistence resources, subsistence uses, and the
environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the maximum extent practicable) any
significant adverse effect identified under paragraph (1); and
(3) the development of the plan occur after consultation
with--
(A) each agency having jurisdiction over matters
mitigated by the plan;
(B) the State of Alaska;
(C) North Slope Borough, Alaska; and
(D) the City of Kaktovik, Alaska.
(c) Regulations To Protect Coastal Plain Fish and Wildlife
Resources, Subsistence Users, and the Environment.--Before implementing
the leasing program authorized by this Act, the Secretary shall prepare
and issue regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, or other measures designed to ensure, to
the maximum extent practicable, that the activities carried out on the
Coastal Plain under this Act are conducted in a manner consistent with
the purposes and environmental requirements of this Act.
(d) Compliance With Federal and State Environmental Laws and Other
Requirements.--The proposed regulations, lease terms, conditions,
restrictions, prohibitions, and stipulations for the leasing program
under this Act shall require--
(1) compliance with all applicable provisions of Federal
and State environmental law (including regulations);
(2) implementation of and compliance with--
(A) standards that are at least as effective as the
safety and environmental mitigation measures, as
described in items 1 through 29 on pages 167 through
169 of the Final Statement, on the Coastal Plain;
(B) seasonal limitations on exploration,
development, and related activities, as necessary, to
avoid significant adverse effects during periods of
concentrated fish and wildlife breeding, denning,
nesting, spawning, and migration;
(C) design safety and construction standards for
all pipelines and any access and service roads that
minimize, to the maximum extent practicable, adverse
effects on--
(i) the passage of migratory species (such
as caribou); and
(ii) the flow of surface water by requiring
the use of culverts, bridges, or other
structural devices;
(D) prohibitions on general public access to, and
use of, all pipeline access and service roads;
(E) stringent reclamation and rehabilitation
requirements in accordance with this Act for the
removal from the Coastal Plain of all oil and gas
development and production facilities, structures, and
equipment on completion of oil and gas production
operations, except in a case in which the Secretary
determines that those facilities, structures, or
equipment--
(i) would assist in the management of the
Arctic National Wildlife Refuge; and
(ii) are donated to the United States for
that purpose;
(F) appropriate prohibitions or restrictions on--
(i) access by all modes of transportation;
(ii) sand and gravel extraction; and
(iii) use of explosives;
(G) reasonable stipulations for protection of
cultural and archaeological resources;
(H) measures to protect groundwater and surface
water, including--
(i) avoidance, to the maximum extent
practicable, of springs, streams, and river
systems;
(ii) the protection of natural surface
drainage patterns and wetland and riparian
habitats; and
(iii) the regulation of methods or
techniques for developing or transporting
adequate supplies of water for exploratory
drilling; and
(I) research, monitoring, and reporting
requirements;
(3) that exploration activities (except surface geological
studies) be limited to the period between approximately
November 1 and May 1 of each year and be supported, if
necessary, by ice roads, winter trails with adequate snow
cover, ice pads, ice airstrips, and air transport methods
(except that those exploration activities may be permitted at
other times if the Secretary determines that the exploration
will have no significant adverse effect on fish and wildlife,
fish and wildlife habitat, subsistence resources, and the
environment of the Coastal Plain);
(4) consolidation of facility siting;
(5) avoidance or reduction of air traffic-related
disturbance to fish and wildlife;
(6) treatment and disposal of hazardous and toxic wastes,
solid wastes, reserve pit fluids, drilling muds and cuttings,
and domestic wastewater, including, in accordance with
applicable Federal and State environmental laws (including
regulations)--
(A) preparation of an annual waste management
report;
(B) development and implementation of a hazardous
materials tracking system; and
(C) prohibition on the use of chlorinated solvents;
(7) fuel storage and oil spill contingency planning;
(8) conduct of periodic field crew environmental briefings;
(9) avoidance of significant adverse effects on subsistence
hunting, fishing, and trapping;
(10) compliance with applicable air and water quality
standards;
(11) appropriate seasonal and safety zone designations
around well sites, within which subsistence hunting and
trapping shall be limited; and
(12) development and implementation of such other
protective environmental requirements, restrictions, terms, or
conditions as the Secretary, after consultation with the State
of Alaska, North Slope Borough, Alaska, and the City of
Kaktovik, Alaska, determines to be necessary.
(e) Considerations.--In preparing and issuing regulations, lease
terms, conditions, restrictions, prohibitions, or stipulations under
this section, the Secretary shall take into consideration--
(1) the stipulations and conditions that govern the
National Petroleum Reserve--Alaska leasing program, as set
forth in the 1999 Northeast National Petroleum Reserve--Alaska
Final Integrated Activity Plan/Environmental Impact Statement;
(2) the environmental protection standards that governed
the initial Coastal Plain seismic exploration program under
parts 37.31 through 37.33 of title 50, Code of Federal
Regulations (or successor regulations); and
(3) the land use stipulations for exploratory drilling on
the KIC-ASRC private land described in Appendix 2 of the
agreement between Arctic Slope Regional Corporation and the
United States dated August 9, 1983.
(f) Facility Consolidation Planning.--
(1) In general.--After providing for public notice and
comment, the Secretary shall prepare and periodically update a
plan to govern, guide, and direct the siting and construction
of facilities for the exploration, development, production, and
transportation of oil and gas resources from the Coastal Plain.
(2) Objectives.--The objectives of the plan shall be--
(A) the avoidance of unnecessary duplication of
facilities and activities;
(B) the encouragement of consolidation of common
facilities and activities;
(C) the location or confinement of facilities and
activities to areas that will minimize impact on fish
and wildlife, fish and wildlife habitat, subsistence
resources, and the environment;
(D) the use of existing facilities, to the maximum
extent practicable; and
(E) the enhancement of compatibility between
wildlife values and development activities.
(g) Access to Public Land.--The Secretary shall--
(1) manage public land in the Coastal Plain in accordance
with subsections (a) and (b) of section 811 of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3121); and
(2) ensure that local residents shall have reasonable
access to public land in the Coastal Plain for traditional
uses.
SEC. 8. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaints.--
(1) Deadline.--A complaint seeking judicial review of a
provision of this Act or an action of the Secretary under this
Act shall be filed--
(A) except as provided in subparagraph (B), during
the 90-day period beginning on the date on which the
action being challenged was carried out; or
(B) in the case of a complaint based solely on
grounds arising after the 90-day period described in
subparagraph (A), by not later than 90 days after the
date on which the complainant knew or reasonably should
have known about the grounds for the complaint.
(2) Venue.--A complaint seeking judicial review of a
provision of this Act or an action of the Secretary under this
Act shall be filed in the United States Court of Appeals for
the District of Columbia.
(3) Scope.--
(A) In general.--Judicial review of a decision of
the Secretary under this Act (including an
environmental analysis of such a lease sale) shall be--
(i) limited to a review of whether the
decision is in accordance with this Act; and
(ii) based on the administrative record of
the decision.
(B) Presumptions.--Any identification by the
Secretary of a preferred course of action relating to a
lease sale, and any analysis by the Secretary of
environmental effects, under this Act shall be presumed
to be correct unless proven otherwise by clear and
convincing evidence.
(b) Limitation on Other Review.--Any action of the Secretary that
is subject to judicial review under this section shall not be subject
to judicial review in any civil or criminal proceeding for enforcement.
SEC. 9. RIGHTS-OF-WAY AND EASEMENTS ACROSS COASTAL PLAIN.
For purposes of section 1102(4)(A) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3162(4)(A)), any rights-of-way or
easements across the Coastal Plain for the exploration, development,
production, or transportation of oil and gas shall be considered to be
established incident to the management of the Coastal Plain under this
section.
SEC. 10. CONVEYANCE.
Notwithstanding section 1302(h)(2) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on
title to land, and to clarify land ownership patterns in the Coastal
Plain, the Secretary shall--
(1) to the extent necessary to fulfill the entitlement of
the Kaktovik Inupiat Corporation under sections 12 and 14 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613),
as determined by the Secretary, convey to that Corporation the
surface estate of the land described in paragraph (1) of Public
Land Order 6959, in accordance with the terms and conditions of
the agreement between the Secretary, the United States Fish and
Wildlife Service, the Bureau of Land Management, and the
Kaktovik Inupiat Corporation, dated January 22, 1993; and
(2) convey to the Arctic Slope Regional Corporation the
remaining subsurface estate to which that Corporation is
entitled under the agreement between that corporation and the
United States, dated August 9, 1983.
SEC. 11. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.
(a) Establishment of Fund.--
(1) In general.--As a condition on the receipt of funds
under section 13(1), the State of Alaska shall establish in the
treasury of the State, and administer in accordance with this
section, a fund to be known as the ``Coastal Plain Local
Government Impact Aid Assistance Fund'' (referred to in this
section as the ``Fund'').
(2) Deposits.--Subject to paragraph (1), the Secretary of
the Treasury shall deposit into the Fund, $35,000,000 each year
from the amount available under section 13(1).
(3) Investment.--The Governor of the State of Alaska
(referred to in this section as the ``Governor'') shall invest
amounts in the Fund in interest-bearing securities of the
United States or the State of Alaska.
(b) Assistance.--The Governor, in cooperation with the Mayor of the
North Slope Borough, shall use amounts in the Fund to provide
assistance to North Slope Borough, Alaska, the City of Kaktovik,
Alaska, and any other borough, municipal subdivision, village, or other
community in the State of Alaska that is directly impacted by
exploration for, or the production of, oil or gas on the Coastal Plain
under this Act, or any Alaska Native Regional Corporation acting on
behalf of the villages and communities within its region whose lands
lie along the right-of-way of the Trans-Alaska Pipeline System, as
determined by the Governor.
(c) Application.--
(1) In general.--To receive assistance under subsection
(b), a community or Regional Corporation described in that
subsection shall submit to the Governor, or to the Mayor of the
North Slope Borough, an application in such time, in such
manner, and containing such information as the Governor may
require.
(2) Action by north slope borough.--The Mayor of the North
Slope Borough shall submit to the Governor each application
received under paragraph (1) as soon as practicable after the
date on which the application is received.
(3) Assistance of governor.--The Governor shall assist
communities in submitting applications under this subsection,
to the maximum extent practicable.
(d) Use of Funds.--A community or Regional Corporation that
receives funds under subsection (b) may use the funds--
(1) to plan for mitigation, implement a mitigation plan, or
maintain a mitigation project to address the potential effects
of oil and gas exploration and development on environmental,
social, cultural, recreational, and subsistence resources of
the community;
(2) to develop, carry out, and maintain--
(A) a project to provide new or expanded public
facilities; or
(B) services to address the needs and problems
associated with the effects described in paragraph (1),
including firefighting, police, water and waste
treatment, first responder, and other medical services;
(3) to compensate residents of the Coastal Plain for
significant damage to environmental, social, cultural,
recreational, or subsistence resources; and
(4) in the City of Kaktovik, Alaska--
(A) to develop a mechanism for providing members of
the Kaktovikmiut Inupiat community an opportunity to--
(i) monitor development on the Coastal
Plain; and
(ii) provide information and
recommendations to the Governor based on
traditional aboriginal knowledge of the natural
resources, flora, fauna, and ecological
processes of the Coastal Plain; and
(B) to establish a local coordination office, to be
managed by the Mayor of the North Slope Borough, in
coordination with the City of Kaktovik, Alaska--
(i) to coordinate with and advise
developers on local conditions and the history
of areas affected by development;
(ii) to provide to the Committee on
Resources of the House of Representatives and
the Committee on Energy and Natural Resources
of the Senate annual reports on the status of
the coordination between developers and
communities affected by development;
(iii) to collect from residents of the
Coastal Plain information regarding the impacts
of development on fish, wildlife, habitats,
subsistence resources, and the environment of
the Coastal Plain; and
(iv) to ensure that the information
collected under clause (iii) is submitted to--
(I) developers; and
(II) any appropriate Federal
agency.
SEC. 12. PROHIBITION ON EXPORTS.
An oil or gas lease issued under this Act shall prohibit the
exportation of oil or gas produced under the lease.
SEC. 13. ALLOCATION OF REVENUES.
Notwithstanding any other provision of law, all adjusted bonus,
rental, and royalty receipts from Federal oil and gas leasing and
operations authorized under this Act, plus an appropriated amount equal
to the amount of Federal income tax attributable to sales of oil and
gas produced from those operations, shall be deposited in an account in
the Treasury which shall be available, without further appropriation or
fiscal year limitation, each fiscal year as follows:
(1) $35,000,000 shall be deposited by the Secretary of the
Treasury into the fund created under section 11(a)(1).
(2) The remainder shall be available as follows:
(A) 50 percent shall be available to the Department
of Energy to carry out alternative energy programs
established under the Energy Policy Act of 2005 (42
U.S.C. 15801 et seq.), the Energy Independence and
Security Act of 2007 (42 U.S.C. 17001 et seq.), or an
amendment made by either of those Acts, as determined
by the Secretary of Energy.
(B) 16.67 percent shall be available to the
Department of Health and Human Services to provide low-
income home energy assistance under title XXVI of the
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C.
8621 et seq.).
(C) 16.67 percent shall be available to the
Department of Energy to carry out the Weatherization
Assistance Program for Low-Income Persons established
under part A of title IV of the Energy Conservation and
Production Act (42 U.S.C. 6861 et seq.).
(D) 16.66 percent shall be available to the
Department of Agriculture to carry out the special
supplemental nutrition program for women, infants, and
children established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786).
SEC. 14. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act and the application of such provisions to any
person or circumstance shall not be affected thereby.
SEC. 15. EFFECTIVE DATE.
This Act takes effect on the date that the Secretary notifies
Congress that the Secretary has determined that the weighted average
price of petroleum in the United States for 5 or more consecutive days
is $125 or more per barrel (in 2008 dollars).
<all>