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§ 3142. —  Arctic National Wildlife Refuge coastal plain resource assessment.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 16USC3142]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
 
 SUBCHAPTER III--FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING 
                     PROGRAM AND MINERAL ASSESSMENTS
 
Sec. 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 assessment 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--
        (1) The term ``coastal plain'' means that area identified as 
    such in the map entitled ``Arctic National Wildlife Refuge'', dated 
    August 1980.
        (2) The term ``exploratory activity'' means surface geological 
    exploration or seismic exploration, or both, for oil and gas within 
    the coastal plain.

(c) Baseline study

    The Secretary, in consultation with the Governor 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 waterfowl, 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 carrying 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 activities on the 
    culture and lifestyle (including subsistence) of affected Native and 
    other people.

Within eighteen months after December 2, 1980, the Secretary shall 
publish the results of the study as of that date and shall thereafter 
publish 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 initial guidelines governing the carrying out of 
exploratory activities. The guidelines shall be based upon the results 
of the study required under subsection (c) of this section and such 
other information as may be available to the Secretary. The guidelines 
shall include such prohibitions, restrictions, and conditions on the 
carrying out of exploratory activities as the Secretary deems necessary 
or appropriate to ensure that exploratory activities do not 
significantly adversely affect the fish and wildlife, their habitats, or 
the environment, including, but not limited to--
        (A) a prohibition on the carrying out of exploratory 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 permanently closing of appropriate areas to 
    such activity;
        (C) specification of the support facilities, equipment and 
    related manpower that is appropriate in connection with exploratory 
    activity; 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 
statement 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) 
of this section, any person including the United States Geological 
Survey may submit one or more plans for exploratory activity 
(hereinafter in this section referred to as ``exploration plans'') to 
the Secretary for approval. An exploration plan must set forth such 
information as the Secretary may require in order to determine whether 
the plan is consistent with the guidelines, including, but not limited 
to--
        (A) a description and schedule of the exploratory 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 wildlife, their habitats and the environment.

    (2) Upon receiving any exploration plan for approval, the Secretary 
shall promptly publish notice of the application and the text of the 
plan in the Federal Register and newspapers of general 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 established under subsection (d) of this section. If 
the Secretary determines 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 determination, 
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 involved which meets established 
guidelines and (2) the information which would be obtained is needed to 
make an adequate report under subsection (h) of this section. The 
Secretary, as a condition of approval 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 information (including 
    processed, analyzed and interpreted 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 processed, analyzed and interpreted data or 
    information shall be held confidential by the Secretary 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 such data and information from the Secretary or from any person 
    other than a permittee from participation in any lease sale which 
    includes 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 approved under subsection (e) of this section, the 
Secretary, on the basis of information available to him, determines that 
continuation of further activities under the plan or permit will 
significantly adversely 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 determines 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) of 
this section or any term or condition of a permit issued under 
subsection (f) of this section, or to have committed any act prohibited 
under subsection (d) of this section 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 separate offense. The amount of such civil penalty 
shall be assessed by the Secretary by written notice. In determining the 
amount of such penalty, the Secretary shall take into account the 
nature, 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 Secretary. 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 provided 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 
appropriate 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 
appropriateness 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 penalty 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 
prepare and submit to Congress a report containing--
        (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 volume 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 resources 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 relates to the 
    national need for additional domestic 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 authority 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 Sec. 1002, Dec. 2, 1980, 94 Stat. 2449; Pub. L. 
97-394, title I, Sec. 110, Dec. 30, 1982, 96 Stat. 1982.)

                       References in Text

    The mining laws and mineral leasing laws of the United States, 
referred to in subsec. (i), are classified generally to Title 30, 
Mineral Lands and Mining.


                               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 
permittee from participation in any lease sale which includes the areas 
from which the information was obtained and from any commercial use of 
the information, and that Secretary require that any permittee make 
available such data to any person at fair cost.

                  Section Referred to in Other Sections

    This section is referred to in section 3144 of this title.



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