US (United States) Code. Title 42. Chapter 78: National Petroleum Reserve in Alaska

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-CITE-

42 USC CHAPTER 78 - NATIONAL PETROLEUM RESERVE IN ALASKA 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 78 - NATIONAL PETROLEUM RESERVE IN ALASKA

-HEAD-

CHAPTER 78 - NATIONAL PETROLEUM RESERVE IN ALASKA

-MISC1-

Sec.

6501. "Petroleum" defined.

6502. Designation of National Petroleum Reserve in Alaska;

reservation of lands; disposition and conveyance of

mineral materials, lands, etc., preexisting property

rights.

6503. Transfer of jurisdiction, duties, property, etc., to

Secretary of the Interior from Secretary of Navy.

(a) Transfer of jurisdiction over reserve; date of

transfer.

(b) Protection of environmental, fish and wildlife,

and historical or scenic values; promulgation

of rules and regulations.

(c) Contract responsibilities and functions.

(d) Equipment, facilities, and other properties

used in connection with operation of reserve;

transfer without reimbursement.

(e) Unexpended funds previously appropriated for

use in connection with reserve and civilian

personnel ceilings assigned to management and

operation of reserve.

6504. Administration of reserve.

(a) Congressional authorization as precondition for

production and development of petroleum.

(b) Conduct of exploration within designated areas

to protect surface values.

(c) Continuation of ongoing petroleum exploration

program by Secretary of Navy prior to date of

transfer of jurisdiction; duties of Secretary

of Navy prior to transfer date.

(d) Commencement of petroleum exploration by

Secretary of the Interior as of date of

transfer of jurisdiction; powers and duties of

Secretary of the Interior in conduct of

exploration.

6505. Executive department responsibility for studies to

determine procedures used in development, production,

transportation, and distribution of petroleum

resources in reserve; reports to Congress by

President; establishment of task force by Secretary

of the Interior; purposes; membership; report and

recommendations to Congress by Secretary; contents.

6506. Applicability of antitrust provisions; plans and

proposals submitted to Congress to contain report by

Attorney General on impact of plans and proposals on

competition.

6507. Authorization of appropriations; Federal financial

assistance for increased municipal services and

facilities in communities located on or near reserve

resulting from authorized exploration and study

activities.

6508. Competitive leasing of oil and gas.

-End-

-CITE-

42 USC Sec. 6501 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 78 - NATIONAL PETROLEUM RESERVE IN ALASKA

-HEAD-

Sec. 6501. "Petroleum" defined

-STATUTE-

As used in this chapter, the term "petroleum" includes crude oil,

gases (including natural gas), natural gasoline, and other related

hydrocarbons, oil shale, and the products of any of such resources.

-SOURCE-

(Pub. L. 94-258, title I, Sec. 101, Apr. 5, 1976, 90 Stat. 303.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 94-258 provided: "That this Act [enacting

this chapter and section 7420 of Title 10, Armed Forces, and

amending section 6244 of this title and sections 7421 to 7436 and

7438 of Title 10] may be cited as the 'Naval Petroleum Reserves

Production Act of 1976'."

-End-

-CITE-

42 USC Sec. 6502 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 78 - NATIONAL PETROLEUM RESERVE IN ALASKA

-HEAD-

Sec. 6502. Designation of National Petroleum Reserve in Alaska;

reservation of lands; disposition and conveyance of mineral

materials, lands, etc., preexisting property rights

-STATUTE-

The area known as Naval Petroleum Reserve Numbered 4, Alaska,

established by Executive order of the President, dated February 27,

1923, except for tract Numbered 1 as described in Public Land Order

2344, dated April 24, 1961, shall be transferred to and

administered by the Secretary of the Interior in accordance with

the provisions of this Act. Effective on the date of transfer all

lands within such area shall be redesignated as the "National

Petroleum Reserve in Alaska" (hereinafter in this chapter referred

to as the "reserve"). Subject to valid existing rights, all lands

within the exterior boundaries of such reserve are hereby reserved

and withdrawn from all forms of entry and disposition under the

public land laws, including the mining and mineral leasing laws,

and all other Acts; but the Secretary is authorized to (1) make

dispositions of mineral materials pursuant to the Act of July 31,

1947 (61 Stat. 681), as amended [30 U.S.C. 601 et seq.], for

appropriate use by Alaska Natives and the North Slope Borough, (2)

make such dispositions of mineral materials and grant such

rights-of-way, licenses, and permits as may be necessary to carry

out his responsibilities under this Act, (3) convey the surface of

lands properly selected on or before December 18, 1975, by Native

village corporations pursuant to the Alaska Native Claims

Settlement Act [43 U.S.C. 1601 et seq.], and (4) grant such

rights-of-way to the North Slope Borough, under the provisions of

title V of the Federal Land Policy and Management Act of 1976 [43

U.S.C. 1761 et seq.] or section 28 of the Mineral Leasing Act, as

amended [30 U.S.C. 185], as may be necessary to permit the North

Slope Borough to provide energy supplies to villages on the North

Slope. All other provisions of law heretofore enacted and actions

heretofore taken reserving such lands as a Naval Petroleum Reserve

shall remain in full force and effect to the extent not

inconsistent with this Act.

-SOURCE-

(Pub. L. 94-258, title I, Sec. 102, Apr. 5, 1976, 90 Stat. 303;

Pub. L. 98-366, Sec. 4(a), July 17, 1984, 98 Stat. 470.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 94-258, Apr. 5, 1976,

90 Stat. 303, known as the Naval Petroleum Reserves Production Act

of 1976, which enacted this chapter and section 7420 of Title 10,

Armed Forces, and amended section 6244 of this title and sections

7421 to 7436 and 7438 of Title 10. For complete classification of

this Act to the Code, see Short Note set out under section 6501 of

this title and Tables.

The public land laws, referred to in text, are classified

generally to Title 43, Public Lands.

The mining laws and the mineral leasing laws, referred to in

text, are classified generally to Title 30, Mineral Lands and

Mining.

Act of July 31, 1947 (61 Stat. 681), as amended, referred to in

text, popularly known as the Materials Act of 1947, is classified

generally to subchapter I (Sec. 601 et seq.) of chapter 15 of Title

30. For complete classification of this Act to the Code, see Short

Title note set out under section 601 of Title 30 and Tables.

The Alaska Native Claims Settlement Act, referred to in text, is

Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is

classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,

Public Lands. For complete classification of this Act to the Code,

see Short Title note set out under section 1601 of Title 43 and

Tables.

The Federal Land Policy and Management Act of 1976, referred to

in text, is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as

amended. Title V of the Federal Land Policy and Management Act of

1976 is classified generally to subchapter V (Sec. 1761 et seq.) of

chapter 35 of Title 43. For complete classification of this Act to

the Code, see Short Title note set out under section 1701 of Title

43 and Tables.

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-366 inserted "and the North Slope Borough"

after "Alaska Natives", struck out "and" after "responsibilities

under this Act," and inserted ", and (4) grant rights-of-way to the

North Slope Borough, under the provisions of title V of the Federal

Land Policy and Management Act of 1976 or section 28 of the Mineral

Leasing Act, as amended, as may be necessary to permit the North

Slope Borough to provide energy supplies to the villages on the

North Slope".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6508 of this title.

-End-

-CITE-

42 USC Sec. 6503 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 78 - NATIONAL PETROLEUM RESERVE IN ALASKA

-HEAD-

Sec. 6503. Transfer of jurisdiction, duties, property, etc., to

Secretary of the Interior from Secretary of Navy

-STATUTE-

(a) Transfer of jurisdiction over reserve; date of transfer

Jurisdiction over the reserve shall be transferred by the

Secretary of the Navy to the Secretary of the Interior on June 1,

1977.

(b) Protection of environmental, fish and wildlife, and historical

or scenic values; promulgation of rules and regulations

With respect to any activities related to the protection of

environmental, fish and wildlife, and historical or scenic values,

the Secretary of the Interior shall assume all responsibilities as

of April 5, 1976. As soon as possible, but not later than the

effective date of transfer, the Secretary of the Interior may

promulgate such rules and regulations as he deems necessary and

appropriate for the protection of such values within the reserve.

(c) Contract responsibilities and functions

The Secretary of the Interior shall, upon the effective date of

the transfer of the reserve, assume the responsibilities and

functions of the Secretary of the Navy under any contracts which

may be in effect with respect to activities within the reserve.

(d) Equipment, facilities, and other properties used in connection

with operation of reserve; transfer without reimbursement

On the date of transfer of jurisdiction of the reserve, all

equipment, facilities, and other property of the Department of the

Navy used in connection with the operation of the reserve,

including all records, maps, exhibits, and other informational data

held by the Secretary of the Navy in connection with the reserve,

shall be transferred without reimbursement from the Secretary of

the Navy to the Secretary of the Interior who shall thereafter be

authorized to use them to carry out the provisions of this chapter.

(e) Unexpended funds previously appropriated for use in connection

with reserve and civilian personnel ceilings assigned to

management and operation of reserve

On the date of transfer of jurisdiction of the reserve, the

Secretary of the Navy shall transfer to the Secretary of the

Interior all unexpended funds previously appropriated for use in

connection with the reserve and all civilian personnel ceilings

assigned by the Secretary of the Navy to the management and

operation of the reserve as of January 1, 1976.

-SOURCE-

(Pub. L. 94-258, title I, Sec. 103, Apr. 5, 1976, 90 Stat. 303.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6504 of this title.

-End-

-CITE-

42 USC Sec. 6504 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 78 - NATIONAL PETROLEUM RESERVE IN ALASKA

-HEAD-

Sec. 6504. Administration of reserve

-STATUTE-

(a) Congressional authorization as precondition for production and

development of petroleum

Except as provided in subsection (e) of this section, production

of petroleum from the reserve is prohibited and no development

leading to production of petroleum from the reserve shall be

undertaken until authorized by an Act of Congress.

(b) Conduct of exploration within designated areas to protect

surface values

Any exploration within the Utukok River, the Teshekpuk Lake

areas, and other areas designated by the Secretary of the Interior

containing any significant subsistence, recreational, fish and

wildlife, or historical or scenic value, shall be conducted in a

manner which will assure the maximum protection of such surface

values to the extent consistent with the requirements of this Act

for the exploration of the reserve.

(c) Continuation of ongoing petroleum exploration program by

Secretary of Navy prior to date of transfer of jurisdiction;

duties of Secretary of Navy prior to transfer date

The Secretary of the Navy shall continue the ongoing petroleum

exploration program within the reserve until the date of the

transfer of jurisdiction specified in section 6503(a) of this

title. Prior to the date of such transfer of jurisdiction the

Secretary of the Navy shall -

(1) cooperate fully with the Secretary of the Interior

providing him access to such facilities and such information as

he may request to facilitate the transfer of jurisdiction;

(2) provide to the Committee on Energy and Natural Resources of

the Senate and the Committee on Natural Resources of the House of

Representatives copies of any reports, plans, or contracts

pertaining to the reserve that are required to be submitted to

the Committees on Armed Services of the Senate and the House of

Representatives; and

(3) cooperate and consult with the Secretary of the Interior

before executing any new contract or amendment to any existing

contract pertaining to the reserve and allow him a reasonable

opportunity to comment on such contract or amendment, as the case

may be.

(d) Commencement of petroleum exploration by Secretary of the

Interior as of date of transfer of jurisdiction; powers and

duties of Secretary of the Interior in conduct of exploration

The Secretary of the Interior shall commence further petroleum

exploration of the reserve as of the date of transfer of

jurisdiction specified in section 6503(a) of this title. In

conducting this exploration effort, the Secretary of the Interior -

(1) is authorized to enter into contracts for the exploration

of the reserve, except that no such contract may be entered into

until at least thirty days after the Secretary of the Interior

has provided the Attorney General with a copy of the proposed

contract and such other information as may be appropriate to

determine legal sufficiency and possible violations under, or

inconsistencies with, the antitrust laws. If, within such thirty

day period, the Attorney General advises the Secretary of the

Interior that any such contract would unduly restrict competition

or be inconsistent with the antitrust laws, then the Secretary of

the Interior may not execute that contract;

(2) shall submit to the Committee on Energy and Natural

Resources of the Senate and the Committee on Natural Resources of

the House of Representatives any new plans or substantial

amendments to ongoing plans for the exploration of the reserve.

All such plans or amendments submitted to such committees

pursuant to this section shall contain a report by the Attorney

General of the United States with respect to the anticipated

effects of such plans or amendments on competition. Such plans or

amendments shall not be implemented until sixty days after they

have been submitted to such committees; and

(3) shall report annually to the Committee on Energy and

Natural Resources of the Senate and the Committee on Natural

Resources of the House of Representatives on the progress of, and

future plans for, exploration of the reserve.

-SOURCE-

(Pub. L. 94-258, title I, Sec. 104, Apr. 5, 1976, 90 Stat. 304;

Pub. L. 98-366, Sec. 4(b), July 17, 1984, 98 Stat. 470; Pub. L.

103-437, Sec. 15(q), Nov. 2, 1994, 108 Stat. 4594.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), is Pub. L. 94-258, Apr. 5,

1976, 90 Stat. 303, known as the Naval Petroleum Reserves

Production Act of 1976, which enacted this chapter and section 7420

of Title 10, Armed Forces, and amended section 6244 of this title

and sections 7421 to 7436 and 7438 of Title 10. For complete

classification of this Act to the Code, see Short Note set out

under section 6501 of this title and Tables.

The antitrust laws, referred to in subsec. (d), are classified

generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and

Trade.

-MISC1-

AMENDMENTS

1994 - Subsecs. (c)(2), (d)(2), (3). Pub. L. 103-437 substituted

"Committee on Energy and Natural Resources of the Senate and the

Committee on Natural Resources of the House" for "Committees on

Interior and Insular Affairs of the Senate and the House".

1984 - Subsec. (e). Pub. L. 98-366 struck out subsec. (e) which

read as follows: "Until the reserve is transferred to the

jurisdiction of the Secretary of the Interior, the Secretary of the

Navy is authorized to develop and continue operation of the South

Barrow gas field, or such other fields as may be necessary, to

supply gas at reasonable and equitable rates to the native village

of Barrow, and other communities and installations at or near Point

Barrow, Alaska, and to installations of the Department of Defense

and other agencies of the United States located at or near Point

Barrow, Alaska. After such transfer, the Secretary of the Interior

shall take such actions as may be necessary to continue such

service to such village, communities, installations, and agencies

at reasonable and equitable rates."

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1984 AMENDMENT

Section 4(b) of Pub. L. 98-366 provided that the amendment made

by that section is effective Oct. 1, 1984.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6508 of this title.

-End-

-CITE-

42 USC Sec. 6505 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 78 - NATIONAL PETROLEUM RESERVE IN ALASKA

-HEAD-

Sec. 6505. Executive department responsibility for studies to

determine procedures used in development, production,

transportation, and distribution of petroleum resources in

reserve; reports to Congress by President; establishment of task

force by Secretary of the Interior; purposes; membership; report

and recommendations to Congress by Secretary; contents

-STATUTE-

(a) Omitted

(b)(1) The President shall direct such Executive departments

and/or agencies as he may deem appropriate to conduct a study, in

consultation with representatives of the State of Alaska, to

determine the best overall procedures to be used in the

development, production, transportation, and distribution of

petroleum resources in the reserve. Such study shall include, but

shall not be limited to, a consideration of -

(A) the alternative procedures for accomplishing the

development, production, transportation, and distribution of the

petroleum resources from the reserve, and

(B) the economic and environmental consequences of such

alternative procedures.

(2) The President shall make semiannual progress reports on the

implementation of this subsection to the Committees on Interior and

Insular Affairs of the Senate and the House of Representatives

beginning not later than six months after April 5, 1976, and shall,

not later than one year after the transfer of jurisdiction of the

reserve, and annually thereafter, report any findings or

conclusions developed as a result of such study together with

appropriate supporting data and such recommendations as he deems

desirable. The study shall be completed and submitted to such

committees, together with recommended procedures and any proposed

legislation necessary to implement such procedures not later than

January 1, 1980.

(c)(1) The Secretary of the Interior shall establish a task force

to conduct a study to determine the values of, and best uses for,

the lands contained in the reserve, taking into consideration (A)

the natives who live or depend upon such lands, (B) the scenic,

historical, recreational, fish and wildlife, and wilderness values,

(C) mineral potential, and (D) other values of such lands.

(2) Such task force shall be composed of representatives from the

government of Alaska, the Arctic slope native community, and such

offices and bureaus of the Department of the Interior as the

Secretary of the Interior deems appropriate, including, but not

limited to, the Bureau of Land Management, the United States Fish

and Wildlife Service, the United States Geological Survey, and the

United States Bureau of Mines.

(3) The Secretary of the Interior shall submit a report, together

with the concurring or dissenting views, if any, of any non-Federal

representatives of the task force, of the results of such study to

the Committees on Interior and Insular Affairs of the Senate and

the House of Representatives within three years after April 5,

1976, and shall include in such report his recommendations with

respect to the value, best use, and appropriate designation of the

lands referred to in paragraph (1).

-SOURCE-

(Pub. L. 94-258, title I, Sec. 105, Apr. 5, 1976, 90 Stat. 305;

Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-COD-

CODIFICATION

Subsec. (a) of this section amended former section 6244 of this

title.

-CHANGE-

CHANGE OF NAME

"United States Bureau of Mines" substituted for "Bureau of Mines"

in subsec. (c)(2) pursuant to section 10(b) of Pub. L. 102-285, set

out as a note under section 1 of Title 30, Mineral Lands and

Mining.

Committee on Interior and Insular Affairs of Senate abolished and

replaced by Committee on Energy and Natural Resources of Senate,

effective Feb. 11, 1977. See Rule XXV of Standing Rules of Senate,

as amended by Senate Resolution No. 4 (popularly cited as the

"Committee System Reorganization Amendments of 1977"), approved

Feb. 4, 1977.

Committee on Interior and Insular Affairs of the House of

Representatives changed to Committee on Natural Resources of the

House of Representatives on Jan. 5, 1993, by House Resolution No.

5, One Hundred Third Congress. Committee on Natural Resources of

House of Representatives treated as referring to Committee on

Resources of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6508 of this title; title

16 section 1276.

-End-

-CITE-

42 USC Sec. 6506 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 78 - NATIONAL PETROLEUM RESERVE IN ALASKA

-HEAD-

Sec. 6506. Applicability of antitrust provisions; plans and

proposals submitted to Congress to contain report by Attorney

General on impact of plans and proposals on competition

-STATUTE-

Unless otherwise provided by Act of Congress, whenever

development leading to production of petroleum is authorized, the

provisions of subsections (g), (h), and (i) of section 7430 of

title 10 shall be deemed applicable to the Secretary of the

Interior with respect to rules and regulations, plans of

development and amendments thereto, and contracts and operating

agreements. All plans and proposals submitted to the Congress under

this chapter or pursuant to legislation authorizing development

leading to production shall contain a report by the Attorney

General of the United States on the anticipated effects upon

competition of such plans and proposals.

-SOURCE-

(Pub. L. 94-258, title I, Sec. 106, Apr. 5, 1976, 90 Stat. 306.)

-End-

-CITE-

42 USC Sec. 6507 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 78 - NATIONAL PETROLEUM RESERVE IN ALASKA

-HEAD-

Sec. 6507. Authorization of appropriations; Federal financial

assistance for increased municipal services and facilities in

communities located on or near reserve resulting from authorized

exploration and study activities

-STATUTE-

(a) There are authorized to be appropriated to the Department of

the Interior such sums as may be necessary to carry out the

provisions of this chapter.

(b) If the Secretary of the Interior determines that there is an

immediate and substantial increase in the need for municipal

services and facilities in communities located on or near the

reserve as a direct result of the exploration and study activities

authorized by this chapter and that an unfair and excessive

financial burden will be incurred by such communities as a result

of the increased need for such services and facilities, then he is

authorized to assist such communities in meeting the costs of

providing increased municipal services and facilities. The

Secretary of the Interior shall carry out the provisions of this

section through existing Federal programs and he shall consult with

the heads of the departments or agencies of the Federal Government

concerned with the type of services and facilities for which

financial assistance is being made available.

-SOURCE-

(Pub. L. 94-258, title I, Sec. 107, Apr. 5, 1976, 90 Stat. 306.)

-End-

-CITE-

42 USC Sec. 6508 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 78 - NATIONAL PETROLEUM RESERVE IN ALASKA

-HEAD-

Sec. 6508. Competitive leasing of oil and gas

-STATUTE-

There shall be conducted, notwithstanding any other provision of

law and pursuant to such rules and regulations as the Secretary may

prescribe, an expeditious program of competitive leasing of oil and

gas in the National Petroleum Reserve in Alaska: Provided, That (1)

activities undertaken pursuant to this section shall include or

provide for such conditions, restrictions, and prohibitions as the

Secretary deems necessary or appropriate to mitigate reasonably

foreseeable and significantly adverse effects on the surface

resources of the National Petroleum Reserve in Alaska (the

Reserve); (2) the provisions of section 202 and section 603 of the

Federal Lands Policy and Management Act of 1976 (90 Stat. 2743) [43

U.S.C. 1712, 1782] shall not be applicable to the Reserve; (3) the

first lease sale shall be conducted within twenty months of

December 12, 1980: Provided, That the first lease sale shall be

conducted only after publication of a final environmental impact

statement if such is deemed necessary under the provisions of the

National Environmental Policy Act of 1969 (42 U.S.C. 4332); (4) the

withdrawals established by section 102 of Public Law 94-258 [42

U.S.C. 6502] are rescinded for the purposes of the oil and gas

leasing program authorized herein; (5) bidding systems used in

lease sales shall be based on bidding systems included in section

205(a)(1)(A) through (H) (!1) of the Outer Continental Shelf Lands

Act Amendments of 1978 (92 Stat. 629) [43 U.S.C.

1337(a)(1)(A)-(H)]; (6) lease tracts may encompass identified

geological structures; (7) the size of lease tracts may be up to

sixty thousand acres, as determined by the Secretary; (8) each

lease shall be issued for an initial period of ten years, and shall

be extended for so long thereafter as oil or gas is produced from

the lease in paying quantities, or as drilling or reworking

operations, as approved by the Secretary, are conducted thereon;

(9) for purposes of conservation of the natural resources of any

oil or gas pool, field, or like area, or any part thereof, lessees

thereof and their representatives are authorized to unite with each

other, or jointly or separately with others, in collectively

adopting and operating under a unit agreement for such pool, field,

or like area, or any part thereof (whether or not any other part of

said oil or gas pool, field, or like area is already subject to any

cooperative or unit plan of development or operation), whenever

determined by the Secretary to be necessary or advisable in the

public interest. Drilling, production, and well reworking

operations performed in accordance with a unit agreement shall be

deemed to be performed for the benefit of all leases that are

subject in whole or in part to such unit agreement. When separate

tracts cannot be independently developed and operated in conformity

with an established well spacing or development program, any lease,

or a portion thereof, may be pooled with other lands, whether or

not owned by the United States, under a communitization or drilling

agreement providing for an apportionment of production or royalties

among the separate tracts of land comprising the drilling or

spacing unit when determined by the Secretary of the Interior to be

in the public interest, and operations or production pursuant to

such an agreement shall be deemed to be operations or production as

to each such lease committed thereto; (10) to encourage the

greatest ultimate recovery of oil or gas or in the interest of

conservation the Secretary is authorized to waive, suspend, or

reduce the rental, or minimum royalty, or reduce the royalty on an

entire leasehold, including on any lease operated pursuant to a

unit agreement, whenever in his judgment the leases cannot be

successfully operated under the terms provided therein. The

Secretary is authorized to direct or assent to the suspension of

operations and production on any lease or unit. In the event the

Secretary, in the interest of conservation, shall direct or assent

to the suspension of operations and production on any lease or

unit, any payment of acreage rental or minimum royalty prescribed

by such lease or unit likewise shall be suspended during the period

of suspension of operations and production, and the term of such

lease shall be extended by adding any such suspension period

thereto; and (11) all receipts from sales, rentals, bonuses, and

royalties on leases issued pursuant to this section shall be paid

into the Treasury of the United States: Provided, That 50 percent

thereof shall be paid by the Secretary of the Treasury

semiannually, as soon thereafter as practicable after March 30 and

September 30 each year, to the State of Alaska for: (A) planning;

(B) construction, maintenance, and operation of essential public

facilities; and (C) other necessary provisions of public service:

Provided further, That in the allocation of such funds, the State

shall give priority to use by subdivisions of the State most

directly or severely impacted by development of oil and gas leased

under this section.

Any agency of the United States and any person authorized by the

Secretary may conduct geological and geophysical explorations in

the National Petroleum Reserve in Alaska which do not interfere

with operations under any contract maintained or granted

previously. Any information acquired in such explorations shall be

subject to the conditions of 43 U.S.C. 1352(a)(1)(A).

Any action seeking judicial review of the adequacy of any program

or site-specific environmental impact statement under section 102

of the National Environmental Policy Act of 1969 (42 U.S.C. 4332)

concerning oil and gas leasing in the National Petroleum

Reserve-Alaska shall be barred unless brought in the appropriate

District Court within 60 days after notice of the availability of

such statement is published in the Federal Register.

The detailed environmental studies and assessments that have been

conducted on the exploration program and the comprehensive land-use

studies carried out in response to sections 105(b) and (c) of

Public Law 94-258 [42 U.S.C. 6505(b), (c)] shall be deemed to have

fulfilled the requirements of section 102(2)(c) of the National

Environmental Policy Act (Public Law 91-190) [42 U.S.C.

4332(2)(C)], with regard to the first two oil and gas lease sales

in the National Petroleum Reserve-Alaska: Provided, That not more

than a total of 2,000,000 acres may be leased in these two sales:

Provided further, That any exploration or production undertaken

pursuant to this section shall be in accordance with section 104(b)

of the Naval Petroleum Reserves Production Act of 1976 (90 Stat.

304; 42 U.S.C. 6504).

-SOURCE-

(Pub. L. 96-514, title I, Sec. 100, Dec. 12, 1980, 94 Stat. 2964;

Pub. L. 98-620, title IV, Sec. 402(41), Nov. 8, 1984, 98 Stat.

3360; Pub. L. 105-83, title I, Sec. 128, Nov. 14, 1997, 111 Stat.

1568.)

-REFTEXT-

REFERENCES IN TEXT

This section, referred to in first par., was in the original

"this Act", meaning Pub. L. 96-514, Dec. 12, 1980, 94 Stat. 2957,

known as the Department of the Interior and Related Agencies

Appropriations Act, 1981. For complete classification of this Act

to the Code, see Tables.

Subpar. (H) of section 205(a)(1) of the Outer Continental Shelf

Lands Act Amendments of 1978, referred to in first par., was

redesignated subpar. (I) of section 205(a)(1), and a new subpar.

(H) was added by Pub. L. 104-58, title III, Sec. 303, Nov. 28,

1995, 109 Stat. 565.

The National Environmental Policy Act of 1969, referred to in

text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,

which is classified generally to chapter 55 (Sec. 4321 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 4321 of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Department of the Interior and

Related Agencies Appropriations Act, 1981, and not as part of the

Naval Petroleum Reserves Production Act of 1976 which comprises

this chapter.

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-83, in first par., substituted cls. (8) to

(11) and two concluding provisos for "(8) each lease shall be

issued for an initial period of up to ten years, and shall be

extended for so long thereafter as oil or gas is produced from the

lease in paying quantities, or as drilling or reworking operations,

as approved by the Secretary, are conducted thereon; and (9) all

receipts from sales, rentals, bonuses, and royalties on leases

issued pursuant to this section shall be paid into the Treasury of

the United States: Provided, That 50 per centum thereof shall be

paid by the Secretary of the Treasury semiannually, as soon as

practicable after March 30 and September 30 each year, to the State

of Alaska for (a) planning, (b) construction, maintenance, and

operation of essential public facilities, and (c) other necessary

provisions of public service: Provided further, That in the

allocation of such funds, the State shall give priority to use by

subdivisions of the State most directly or severely impacted by

development of oil and gas leased under this section."

1984 - Pub. L. 98-620 struck out provision in third par. that

required that any proceeding on such action be assigned for hearing

at the earliest possible date and be expedited by the Court.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

-FOOTNOTE-

(!1) See References in Text note below.

-End-