109th CONGRESS
1st Session
S. 1891
To authorize the leasing, development, production, and economically
feasible and prudent transportation of oil and gas in and from the Coastal
Plain, and for other purposes.
IN THE SENATE OF THE UNITED STATES
October 19, 2005
Ms. MURKOWSKI (for herself, Mr. STEVENS, Mr. AKAKA, and Mr. INOUYE) introduced
the following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
A BILL
To authorize the leasing, development, production, and economically
feasible and prudent transportation of oil and gas in and from the Coastal
Plain, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Arctic Coastal Plain Domestic Energy Security
Act of 2005'.
SEC. 2. DEFINITIONS.
(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.
(1) AUTHORIZATION- Congress authorizes the leasing, development, production,
and economically feasible and prudent transportation of oil and gas in and
from the Coastal Plain.
(2) ACTIONS- 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.
(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 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 prelease activities, including
actions authorized to be taken by the Secretary to develop and promulgate
the regulations for the establishment of a leasing program authorized by
this 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 specifically address the preferred
action of the Secretary that are filed not later than 20 days after the
date of publication of an environmental analysis.
(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.
(A) IN GENERAL- The Secretary, after consultation with the State of Alaska,
the City of Kaktovik, Alaska, and the North Slope Borough, 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.
(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 (to ensure
that impacts on the residents of the Coastal Plain are considered), 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, subsistence resources, and environment
of the Coastal Plain.
(2) REVISION OF REGULATIONS- The Secretary shall periodically review and,
as appropriate, revise the rules and regulations issued under paragraph
(1) to reflect any significant biological, environmental, 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, as determined
by the Secretary, sufficient interest in 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 conducted
under the lease and within the Coastal Plain 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,
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, and 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, to the maximum extent practicable, 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 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;
(C) the City of Kaktovik, Alaska; and
(D) North Slope Borough, 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, and 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,
and 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
(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, 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, and conditions as the Secretary, after
consultation with the State of Alaska, the City of Kaktovik, Alaska, and
North Slope Borough, Alaska, determines to be necessary.
(e) Considerations- In preparing and issuing regulations, lease terms, conditions,
restrictions, prohibitions, and 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.
(A) IN GENERAL- Judicial review of a decision of the Secretary relating
to a lease sale 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. FEDERAL AND STATE DISTRIBUTION OF REVENUES.
Notwithstanding any other provision of law, of the amount of adjusted bonus,
rental, and royalty revenues from oil and gas leasing and operations under
this Act--
(1) 50 percent shall be paid semiannually to the State of Alaska; and
(2) the balance of the amount shall be deposited in accordance with sections
12 and 13.
SEC. 10. RIGHTS-OF-WAY AND EASEMENTS ACROSS COASTAL PLAIN.
(a) Exemption- Sections 1101 through 1108 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3161 et seq.) shall not apply to any right-of-way
or easement across the Coastal Plain for the transportation of oil and gas
issued by the Secretary under section 28 of the Mineral Leasing Act (30 U.S.C.
185).
(b) Terms and Conditions- The Secretary shall include in any right-of-way
or easement described in subsection (a) such terms and conditions as the Secretary
determines to be necessary to ensure that the transportation of oil or gas
does not significantly adversely affect any fish, wildlife, subsistence resource,
or habitat, or the environment, of the Coastal Plain, including terms and
conditions requiring facilities to be sited or designed to avoid any unnecessary
duplication of roads or pipelines.
(c) Regulations- In promulgating regulations pursuant to section 3(g), the
Secretary shall include provisions for rights-of-way and easements described
in subsection (a).
SEC. 11. CONVEYANCE.
Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3192(h)(2)), to remove any impediment on a 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 section 12 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1611), 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. 12. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.
(a) Establishment of Fund-
(1) IN GENERAL- There is established in the Treasury a fund, to be known
as the `Coastal Plain Local Government Impact Aid Assistance Fund' (referred
to in this section as the `Fund').
(A) IN GENERAL- Subject to subparagraph (B), the Secretary of the Treasury
shall deposit into the Fund an amount equal to 49 percent of the amount
of adjusted bonus, rental, and royalty revenues from oil and gas leasing
and operations under this Act.
(B) LIMITATION- The total amount in the Fund shall not exceed $15,000,000.
(3) INVESTMENT- The Secretary of the Treasury shall invest amounts in the
Fund in interest-bearing securities of the United States.
(4) AVAILABILITY OF FUNDS- Not later than September 30, 2006, and annually
thereafter, the Secretary of the Treasury shall make available to the Secretary
not less than $7,500,000 to provide assistance to communities under subsection
(b).
(b) Assistance- The Secretary, in cooperation with the Mayor of the North
Slope Borough, shall use amounts in the Fund to provide assistance to the
City of Kaktovik, Alaska, North Slope Borough, Alaska, and any other borough,
municipal subdivision, village, or other community in the State of Alaska
that is directly impacted by an exploration for, or the production of, oil
or gas on the Coastal Plain under this Act, as determined by the Secretary.
(1) IN GENERAL- To receive assistance under subsection (b), a community
described in that subsection shall submit to the Secretary, or to the Mayor
of the North Slope Borough, an application in such time, in such manner,
and containing such information as the Secretary may require.
(2) ACTION BY NORTH SLOPE BOROUGH- The Mayor of the North Slope Borough
shall submit to the Secretary each application received under paragraph
(1) as soon as practicable after the date on which the application is received.
(3) ASSISTANCE OF SECRETARY- The Secretary shall assist communities in submitting
applications under this subsection, to the maximum extent practicable.
(d) Use of Funds- A community 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 Secretary 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--
(II) any appropriate Federal agency.
END