Harmonizing America's Energy, Economy, Environment, and National Security Act of 2008

Sections 104 and 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 2118) are repealed.

Section 103(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) is amended by striking Except as provided in section 104, the and inserting The.

in paragraph (2), by striking (2) Notwithstanding and inserting the following:

by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and

by inserting after paragraph (5) the following:

by striking (2)(A) To and inserting the following:

in subparagraph (A)—

Authorization

Congress authorizes the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain.

Actions

The Secretary shall take such actions as are necessary—

Repeal

Section 1003 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3143) is repealed.

Conforming amendment

The table of contents contained in section 1 of that Act (16 U.S.C. 3101 note) is amended by striking the item relating to section 1003.

Compatibility

For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.)—

Adequacy of the department of the interior's legislative environmental impact statement

The Final Statement shall be considered to satisfy the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that apply with respect to pre-leasing activities, including exploration programs and actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this subtitle before the conduct of the first lease sale.

Compliance with nepa for other actions

Designation

Management

The Secretary shall manage each special area designated under this subsection in a manner that—

Exclusion from leasing or surface occupancy

Directional drilling

Notwithstanding any other provision of this subsection, the Secretary may lease all or a portion of a special area under terms that permit the use of horizontal drilling technology from sites on leases located outside the special area.

In general

Not later than 15 months after the date of enactment of this Act, in consultation with appropriate agencies of the State of Alaska, the North Slope Borough, Alaska, and the City of Kaktovik, Alaska, the Secretary shall issue such regulations as are necessary to carry out this subtitle, including rules and regulations relating to protection of the fish and wildlife, fish and wildlife habitat, and subsistence resources of the Coastal Plain.

Revision of regulations

The Secretary may periodically review and, as appropriate, revise the rules and regulations issued under paragraph (1) to reflect any significant scientific or engineering data that come to the attention of the Secretary.

receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale;

the holding of lease sales after that nomination process; and

public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.

not later than 22 months after the date of enactment of this Act, conduct the first lease sale under this subtitle;

not later than September 30, 2012, conduct a second lease sale under this subtitle; and

conduct additional sales at appropriate intervals if sufficient interest in exploration or development exists to warrant the conduct of the additional sales.

In general

No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary.

Condition for approval

Before granting any approval described in paragraph (1), the Secretary shall consult with and give due consideration to the opinion of the Attorney General.

provide for the payment of a royalty of not less than 161/2 percent of the amount or value of the production removed or sold from the lease, as determined by the Secretary in accordance with regulations applicable to other Federal oil and gas leases;

provide that the Secretary may close, on a seasonal basis, such portions of the Coastal Plain to exploratory drilling activities as are necessary to protect caribou calving areas and other species of fish and wildlife;

require that each lessee of land within the Coastal Plain shall be fully responsible and liable for the reclamation of land within the Coastal Plain and any other Federal land that is adversely affected in connection with exploration, development, production, or transportation activities within the Coastal Plain conducted by the lessee or by any of the subcontractors or agents of the lessee;

provide that the lessee may not delegate or convey, by contract or otherwise, that reclamation responsibility and liability to another person without the express written approval of the Secretary;

provide that the standard of reclamation for land required to be reclaimed under this subtitle shall be, to the maximum extent practicable—

contain terms and conditions relating to protection of fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment as required under section 112(a)(2);

provide that each lessee, and each agent and contractor of a lessee, use their best efforts to provide a fair share of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State of Alaska, as determined by the level of obligation previously agreed to in the Federal Agreement; and

contain such other provisions as the Secretary determines to be necessary to ensure compliance with this subtitle and regulations issued under this subtitle.

ensure, to the maximum extent practicable, that oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, fish and wildlife habitat, and the environment;

require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and

ensure that the maximum surface acreage covered in connection with the leasing program by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain.

a site-specific environmental analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, fish and wildlife habitat, subsistence resources, subsistence uses, and the environment;

a plan be implemented to avoid, minimize, and mitigate (in that order and to the maximum extent practicable) any significant adverse effect identified under paragraph (1); and

the development of the plan occur after consultation with—

compliance with all applicable provisions of Federal and State environmental law (including regulations);

implementation of and compliance with—

that exploration activities (except surface geological studies) be limited to the period between approximately November 1 and May 1 of each year and be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods (except that those exploration activities may be permitted at other times if the Secretary determines that the exploration will have no significant adverse effect on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment of the Coastal Plain);

consolidation of facility siting;

avoidance or reduction of air traffic-related disturbance to fish and wildlife;

treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including, in accordance with applicable Federal and State environmental laws (including regulations)—

fuel storage and oil spill contingency planning;

conduct of periodic field crew environmental briefings;

avoidance of significant adverse effects on subsistence hunting, fishing, and trapping;

compliance with applicable air and water quality standards;

appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited; and

development and implementation of such other protective environmental requirements, restrictions, terms, or conditions as the Secretary, after consultation with the State of Alaska, North Slope Borough, Alaska, and the City of Kaktovik, Alaska, determines to be necessary.

the stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement;

the environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 through 37.33 of title 50, Code of Federal Regulations (or successor regulations); and

the land use stipulations for exploratory drilling on the KIC–ASRC private land described in Appendix 2 of the agreement between Arctic Slope Regional Corporation and the United States dated August 9, 1983.

In general

After providing for public notice and comment, the Secretary shall prepare and periodically update a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of oil and gas resources from the Coastal Plain.

Objectives

The objectives of the plan shall be—

manage public land in the Coastal Plain in accordance with subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and

ensure that local residents shall have reasonable access to public land in the Coastal Plain for traditional uses.

In general

As a condition on the receipt of funds under section 120(1), the State of Alaska shall establish in the treasury of the State, and administer in accordance with this section, a fund to be known as the Coastal Plain Local Government Impact Aid Assistance Fund (referred to in this section as the Fund).

Deposits

Subject to paragraph (1), the Secretary of the Treasury shall deposit into the Fund, $35,000,000 each year from the amount available under section 120(1).

Investment

The Governor of the State of Alaska (referred to in this section as the Governor) shall invest amounts in the Fund in interest-bearing securities of the United States or the State of Alaska.

In general

To receive assistance under subsection (b), a community or Regional Corporation described in that subsection shall submit to the Governor, or to the Mayor of the North Slope Borough, an application in such time, in such manner, and containing such information as the Governor may require.

Action by north slope borough

The Mayor of the North Slope Borough shall submit to the Governor each application received under paragraph (1) as soon as practicable after the date on which the application is received.

Assistance of Governor

The Governor shall assist communities in submitting applications under this subsection, to the maximum extent practicable.

to plan for mitigation, implement a mitigation plan, or maintain a mitigation project to address the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence resources of the community;

to develop, carry out, and maintain—

to compensate residents of the Coastal Plain for significant damage to environmental, social, cultural, recreational, or subsistence resources; and

in the City of Kaktovik, Alaska—

the Conservation Reserve Account, to offset the cost of legislation enacted on or after the date of enactment of this Act for conservation programs (including weatherization) and conservation tax credits and deductions for energy efficiency in the residential, commercial, industrial, and public sectors (including conservation districts); and

the Renewable Energy Reserve Account, to offset the cost of legislation enacted on or after the date of enactment of this Act—

Budget committee chairman

After the reporting of a bill or joint resolution, or the offering of an amendment or the submission of a conference report for a bill or joint resolution, that provides funding for the purposes described in paragraph (1) or (2) of subsection (a) in excess of the amount of the deposits under this Act or an amendment made by this Act for those purposes for fiscal year 2009, the chairman of the Committee on the Budget of the applicable House of Congress shall make the adjustments described in paragraph (2) for the amount of new budget authority and outlays in that measure and the outlays resulting from the budget authority.

Matters to be adjusted

The adjustments referred to in paragraph (1) shall be made to—

Amounts of adjustments

The adjustments referred to in paragraphs (1) and (2) shall not exceed the receipts estimated by the Congressional Budget Office that are attributable to this Act and the amendments made by this Act for the fiscal year in which the adjustments are made.

the Administrator of the Environmental Protection Agency;

the Administrator of the National Oceanic and Atmospheric Administration;

the Secretary of the Army, acting through the Corps of Engineers; and

the Secretary of State.