Section 1008 of ANILCA

16 USC 3148.doc

Oil and Gas Exploration, Leasing, and Drainage Operations (43 CFR Parts 3100, 3120, and 3150, and Subpart 3162)

Section 1008 of ANILCA

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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. 3148. Oil and gas leasing program for non-North Slope

Federal lands


(a) Establishment; restrictions


The Secretary shall establish, pursuant to the Mineral Leasing Act

of 1920, as amended [30 U.S.C. 181 et seq.], an oil and gas leasing

program on the Federal lands of Alaska not subject to the study required

by section 3141 of this title, other than lands included in the National

Petroleum Reserve--Alaska. Such program shall not be undertaken by the

Secretary on those lands where applicable law prohibits such leasing or

on those units of the National Wildlife Refuge System where the

Secretary determines, after having considered the national interest in

producing oil and gas from such lands, that the exploration for and

development of oil or gas would be incompatible with the purpose for

which such unit was established.


(b) Study of oil and gas potential and impact of development and

production; permits; consultations; State studies


(1)(A) In such areas as the Secretary deems favorable for the

discovery of oil or gas, he shall conduct a study, or studies, or

collect and analyze information obtained by permittees authorized to

conduct studies under this section, of the oil and gas potential of such

lands and those environmental characteristics and wildlife resources

which would be affected by the exploration for and development of such

oil and gas.

(B) The Secretary is authorized to issue permits for study,

including geological, geophysical, and other assessment activities, if

such activities can be conducted in a manner which is consistent with

the purposes for which each affected area is managed under applicable

law.

(2) The Secretary shall consult with the Secretary of Energy

regarding the national interest involved in exploring for and developing

oil and gas from such lands and shall seek the views of the Governor of

the State of Alaska, Alaskan local governments, Native Regional and

Village


[[Page 2024]]


Corporations, the Alaska Land Use Council, representatives of the oil

and gas industry, conservation groups, and other interested groups and

individuals in determining which land should be studied and/or leased

for the exploration and development of oil and gas.

(3) The Secretary shall encourage the State to undertake similar

studies on lands associated, either through geological or other land

values or because of possible transportation needs, with Federal lands.

The Secretary shall integrate these studies, to the maximum extent

practicable, with studies on Federal lands so that needs for cooperation

between the Federal Government and the State of Alaska in managing

energy and other natural resources, including fish and wildlife, can be

established early in the program.


(c) Repealed. Pub. L. 100-203, title V, Sec. 5105(1), Dec. 22, 1987, 101

Stat. 1330-259


(d) Issuance of leases; competitive bidding


Pursuant to the Mineral Leasing Act of 1920, as amended [30 U.S.C.

181 et seq.], the Secretary is authorized to issue leases, on the

Federal lands described in this section, under such terms and conditions

as he may, by regulation, prescribe.


(e) Repealed. Pub. L. 100-203, title V, Sec. 5105(1), Dec. 22, 1987, 101

Stat. 1330-259


(f) Exploration plan


Prior to any exploration activities on a lease issued pursuant to

this section, the Secretary shall require the lessee to describe

exploration activities in an exploration plan. He shall approve such

plan if such activities can be conducted in conformity with such

requirements as may be made by the Secretary for the protection and use

of the land for the purpose for which it is managed under applicable

law.


(g) Development and production plan


Subsequent to a discovery of oil or gas in paying quantities, and

prior to developing and producing such oil and gas, the Secretary shall

require the lessee to describe development and production activities in

a development and production plan. He shall approve such plan if such

activities may be conducted in conformity with such requirements as may

be made by the Secretary for the protection and use of the land for the

purpose for which it is managed under applicable law.


(h) Revised development and production plan


The Secretary shall monitor the performance of the lessee and, if he

determines that due to significant changes in circumstances regarding

that operation, including environmental or economic changes, new

requirements are needed, he may require a revised development and

production plan.


(i) Suspension and cancellation of lease


If the Secretary determines that immediate and irreparable damage

will result from continuation in force of a lease, that the threat will

not disappear and that the advantages of cancellation outweigh the

advantages of continuation in force of a lease, he shall suspend

operations for up to five years. If such a threat persists beyond such

five-year suspension period, he shall cancel a lease and provide

compensation to the lease under such terms as the Secretary establishes,

by regulation, to be appropriate.


(Pub. L. 96-487, title X, Sec. 1008, Dec. 2, 1980, 94 Stat. 2454; Pub.

L. 100-203, title V, Sec. 5105, Dec. 22, 1987, 101 Stat. 1330-259.)



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