§ 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.
