16 U.S.C. § 3142 — Arctic National Wildlife Refuge coastal

Page 2243 TITLE 16—CONSERVATION § 3142 or to assure the continued viability of a par- ticular fish or wildlife population, the Secretary may immediately close the public lands, or any portion thereof, to the subsistence uses of such population and shall publish the reasons justi- fying the closure in the Federal Register. Such emergency closure shall be effective when made, shall not extend for a period exceeding sixty days, and may not subsequently be extended un- less the Secretary affirmatively establishes, after notice and public hearing, that such clo- sure should be extended. (Pub. L. 96–487, title VIII, § 816, Dec. 2, 1980, 94 Stat. 2430.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Inter- est Lands Conservation Act. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. SUBCHAPTER III—FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS § 3141. Overall study program (a) Area designated The Secretary shall initiate and carry out a study of all Federal lands (other than submerged lands on the Outer Continental Shelf) in Alaska north of 68 degrees north latitude and east of the western boundary of the National Petroleum Re- serve—Alaska, other than lands included in the National Petroleum Reserve—Alaska and in conservation system units established by this Act. (b) Purposes The study shall utilize a systematic inter- disciplinary approach to— (1) assess the potential oil and gas resources of these lands and make recommendations concerning future use and management of those resources including an evaluation of al- ternative transportation routes needed for oil and gas development; (2) review the wilderness characteristics, and make recommendations for wilderness des- ignation, of these lands; and (3) study, and make recommendations for protection of, the wildlife resources of these lands. (c) Findings After completion of the study, the Secretary shall make findings on— (1) the potential oil and gas resources of these lands; (2) the impact of oil and gas development on the wildlife resources on these lands, particu- larly the Arctic and Porcupine caribou herds and the polar bear; (3) the national need for development of the oil and gas resources of all or any portion of these lands; (4) the national interest in preservation of the wilderness characteristics of these lands; and (5) the national interest in protection of the wildlife resources of these lands. (d) Consultations; opportunity for public review and comment In the course of the study, the Secretary shall consult with the Secretary of Energy and other Federal agencies, the State of Alaska, Native Village and Regional Corporations, the North Slope Borough, the Alaska Land Use Council and the Government of Canada. The Secretary shall provide an opportunity for public review and comment on a draft study and proposed findings prior to their final approval. (e) Report to President and Congress; annual re- port to Congress The Secretary shall submit the study and his findings to the President and the Congress no later than eight years after December 2, 1980. The Secretary shall submit annual reports to Congress on the progress in carrying out this subchapter. (f) Selection and conveyance of land by State and Natives unaffected Nothing in this subchapter shall be construed as impeding, delaying, or otherwise affecting the selection and conveyance of land to the State pursuant to the Alaska Statehood Act, or any other Federal law referred to in section 3102(3)(A) of this title, and to the Natives pursu- ant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] and this Act. (Pub. L. 96–487, title X, § 1001, Dec. 2, 1980, 94 Stat. 2448.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (f), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For com- plete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The Alaska Native Claims Settlement Act, referred to in subsec. (f), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Alaska Statehood Act, referred to in subsec. (f), is Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Terri- tories and Insular Possessions. For complete classifica- tion of this Act to the Code, see Tables. § 3142. Arctic National Wildlife Refuge coastal plain resource assessment (a) Purpose The purpose of this section is to provide for a comprehensive and continuing inventory and as- sessment of the fish and wildlife resources of the coastal plain of the Arctic National Wildlife Refuge; an analysis of the impacts of oil and gas exploration, development, and production, and to authorize exploratory activity within the coastal plain in a manner that avoids significant adverse effects on the fish and wildlife and other resources. (b) Definitions As used in this section— Page 2244 TITLE 16—CONSERVATION § 3142 (1) The term ‘‘coastal plain’’ means that area identified as such in the map entitled ‘‘Arctic National Wildlife Refuge’’, dated Au- gust 1980. (2) The term ‘‘exploratory activity’’ means surface geological exploration or seismic ex- ploration, or both, for oil and gas within the coastal plain. (c) Baseline study The Secretary, in consultation with the Gov- ernor of the State, Native Village and Regional Corporations, and the North Slope Borough within the study area and interested persons, shall conduct a continuing study of the fish and wildlife (with special emphasis on caribou, wolves, wolverines, grizzly bears, migratory wa- terfowl, musk oxen, and polar bears) of the coastal plain and their habitat. In conducting the study, the Secretary shall— (A) assess the size, range, and distribution of the populations of the fish and wildlife; (B) determine the extent, location and car- rying capacity of the habitats of the fish and wildlife; (C) assess the impacts of human activities and natural processes on the fish and wildlife and their habitats; (D) analyze the potential impacts of oil and gas exploration, development, and production on such wildlife and habitats; and (E) analyze the potential effects of such ac- tivities on the culture and lifestyle (including subsistence) of affected Native and other peo- ple. Within eighteen months after December 2, 1980, the Secretary shall publish the results of the study as of that date and shall thereafter pub- lish such revisions thereto as are appropriate as new information is obtained. (d) Guidelines (1) Within two years after December 2, 1980, the Secretary shall by regulation establish ini- tial guidelines governing the carrying out of ex- ploratory activities. The guidelines shall be based upon the results of the study required under subsection (c) and such other information as may be available to the Secretary. The guide- lines shall include such prohibitions, restric- tions, and conditions on the carrying out of ex- ploratory activities as the Secretary deems nec- essary or appropriate to ensure that exploratory activities do not significantly adversely affect the fish and wildlife, their habitats, or the envi- ronment, including, but not limited to— (A) a prohibition on the carrying out of ex- ploratory activity during caribou calving and immediate post-calving seasons or during any other period in which human activity may have adverse effects; (B) temporary or permanent closing of ap- propriate areas to such activity; (C) specification of the support facilities, equipment and related manpower that is ap- propriate in connection with exploratory ac- tivity; and (D) requirements that exploratory activities be coordinated in such a manner as to avoid unnecessary duplication. (2) The initial guidelines prescribed by the Secretary to implement this subsection shall be accompanied by an environmental impact state- ment on exploratory activities. The initial guidelines shall thereafter be revised to reflect changes made in the baseline study and other appropriate information made available to the Secretary. (e) Exploration plans (1) After the initial guidelines are prescribed under subsection (d), any person including the United States Geological Survey may submit one or more plans for exploratory activity (here- inafter in this section referred to as ‘‘explo- ration plans’’) to the Secretary for approval. An exploration plan must set forth such informa- tion as the Secretary may require in order to de- termine whether the plan is consistent with the guidelines, including, but not limited to— (A) a description and schedule of the explor- atory activity proposed to be undertaken; (B) a description of the equipment, facilities, and related manpower that would be used in carrying out the activity; (C) the area in which the activity would be undertaken; and (D) a statement of the anticipated effects that the activity may have on fish and wild- life, their habitats and the environment. (2) Upon receiving any exploration plan for ap- proval, the Secretary shall promptly publish no- tice of the application and the text of the plan in the Federal Register and newspapers of gen- eral circulation in the State. The Secretary shall determine, within one hundred and twenty days after any plan is submitted for approval, if the plan is consistent with the guidelines estab- lished under subsection (d). If the Secretary de- termines that the plan is so consistent, he shall approve the plan: except that no plan shall be approved during the two-year period following December 2, 1980. Before making the determina- tion, the Secretary shall hold at least one public hearing in the State for purposes of receiving the comments and views of the public on the plan. The Secretary shall not approve of any plan submitted by the United States Geological Survey unless he determines that (1) no other person has submitted a plan for the area in- volved which meets established guidelines and (2) the information which would be obtained is needed to make an adequate report under sub- section (h). The Secretary, as a condition of ap- proval of any plan under this section— (A) may require that such modifications be made to the plan as he considers necessary and appropriate to make it consistent with the guidelines; (B) shall require that all data and informa- tion (including processed, analyzed and inter- preted information) obtained as a result of carrying out the plan shall be submitted to the Secretary; and (C) shall make such data and information available to the public except that any proc- essed, analyzed and interpreted data or infor- mation shall be held confidential by the Sec- retary for a period of not less than two years following any lease sale including the area from which the information was obtained and: Provided, That the Secretary shall prohibit by regulation any person who obtains access to Page 2245 TITLE 16—CONSERVATION § 3143 such data and information from the Secretary or from any person other than a permittee from participation in any lease sale which in- cludes the areas from which the information was obtained and from any commercial use of the information. The Secretary shall require that any permittee shall make available such data to any person at fair cost. (f) Modification to exploration plans If at any time while exploratory activity is being carried out under an exploration plan ap- proved under subsection (e), the Secretary, on the basis of information available to him, deter- mines that continuation of further activities under the plan or permit will significantly ad- versely affect fish or wildlife, their habitat, or the environment, the Secretary may suspend the carrying out of activities under the plan or permit for such time, make such modifications to the plan or to the terms and conditions of the permit (or both suspend and so modify) as he de- termines necessary and appropriate. (g) Civil penalties (1) Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, to have violated any provision of a plan approved under subsection (e) or any term or condition of a per- mit issued under subsection (f), or to have com- mitted any act prohibited under subsection (d) shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $10,000 for each violation. Each day of a continuing violation shall constitute a sepa- rate offense. The amount of such civil penalty shall be assessed by the Secretary by written no- tice. In determining the amount of such penalty, the Secretary shall take into account the na- ture, circumstances, extent, and gravity of the prohibited act committed, and, with respect to the violator, the history of any prior offenses, his demonstrated good faith in attempting to achieve timely compliance after being cited for the violation, and such other matters as justice may require. (2) Any person against whom a civil penalty is assessed under paragraph (1) may obtain review thereof in the appropriate district court of the United States by filing a notice of appeal in such court within thirty days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Sec- retary. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed, as provided in section 2112 of title 28. The findings and order of the Secretary shall be set aside by such court if they are not found to be supported by substantial evidence, as pro- vided in section 706(2)(E) of title 5. (3) If any person fails to pay an assessment of a civil penalty against him under paragraph (1) after it has become final, or after the appro- priate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appro- priateness of the final order imposing the civil penalty shall not be subject to review. (4) The Secretary may compromise, modify, or remit, with or without conditions, any civil pen- alty which is subject to imposition or which has been imposed under this subsection unless the matter is pending in court for judicial review or recovery of assessment. (h) Report to Congress Not earlier than five years after December 2, 1980, and not later than five years and nine months after such date, the Secretary shall pre- pare and submit to Congress a report con- taining— (1) the identification by means other than drilling of exploratory wells of those areas within the coastal plain that have oil and gas production potential and estimate of the vol- ume of the oil and gas concerned; (2) the description of the fish and wildlife, their habitats, and other resources that are within the areas identified under paragraph (1); (3) an evaluation of the adverse effects that the carrying out of further exploration for, and the development and production of, oil and gas within such areas will have on the re- sources referred to in paragraph (2); (4) a description of how such oil and gas, if produced within such area, may be transported to processing facilities; (5) an evaluation of how such oil and gas re- lates to the national need for additional do- mestic sources of oil and gas; and (6) the recommendations of the Secretary with respect to whether further exploration for, and the development and production of, oil and gas within the coastal plain should be permitted and, if so, what additional legal au- thority is necessary to ensure that the adverse effects of such activities on fish and wildlife, their habitats, and other resources are avoided or minimized. (i) Effect of other laws Until otherwise provided for in law enacted after December 2, 1980, all public lands within the coastal plain are withdrawn from all forms of entry or appropriation under the mining laws, and from operation of the mineral leasing laws, of the United States. (Pub. L. 96–487, title X § 1002, Dec. 2, 1980, 94 Stat. 2449; Pub. L. 97–394, title I, § 110, Dec. 30, 1982, 96 Stat. 1982.) Editorial Notes AMENDMENTS 1982—Subsec. (e)(2)(C). Pub. L. 97–394 inserted proviso that the Secretary prohibit by regulation any person who obtains access to such data and information from the Secretary or from any person other than a per- mittee from participation in any lease sale which in- cludes the areas from which the information was ob- tained and from any commercial use of the informa- tion, and that Secretary require that any permittee make available such data to any person at fair cost. § 3143. Production of oil and gas from Arctic Na- tional Wildlife Refuge prohibited Production of oil and gas from the Arctic Na- tional Wildlife Refuge is prohibited and no leas- ing or other development leading to production