16 U.S.C. § 3142 : US Code - Section 3142: Arctic National Wildlife Refuge coastal plain resource assessment

Search 16 U.S.C. § 3142 : US Code - Section 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.