,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bdjh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #bb1      
#bjad,ms4 ,murkowski introduced the     
following bill2 which was read twice and
 referred to the ,committee on ,energy  
and ,natural ,resources  ,a ,,bill  ,to 
authorize the exploration1 leasing1     
development1 and production of oil and  
gas in and from the western portion of  
the ,coastal ,plain of the ,state of    
,alaska without surface occupancy1 and  
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,no      
,surface ,occupancy ,western ,arctic    
,coastal ,plain ,domestic ,energy       
,security ,act4  #b4 ,definitions ,in   
this ,act3 7#a7 ,coastal ,plain ,the    
term ,coastal ,plain means the area     
described in appendix ,i to part #cg of 
title #ej1 ,code of ,federal            
,regulations4  7#b7 ,final ,statement   
,the term ,final ,statement means the   
final legislative environmental impact  
statement on the ,coastal ,plain1 dated 

,april #aihg1 and prepared pursuant to--
 7,a7 section #ajjb of the ,alaska      
,national ,interest ,lands ,conservation
 ,act 7#af ,u4,s4,c4 #cadb72 and  7,b7  
section #ajb7b77;,c7 of the ,national   
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dccb7b77;,c774  7#c7    
,map ,the term map means the map        
entitled ,arctic ,national ,wildlife    
,refuge1 dated ,september #bjje1 and    
prepared by the ,united ,states         
,geological ,survey4  7#d7 ,secretary   
,the term ,secretary means the          
,secretary of the ,interior or the      
designee of the ,secretary4  7#e7       
,western ,coastal ,plain ,the term      
,western ,coastal ,plain means that area
 of the ,coastal ,plain-- 7,a7 that     
borders the land of the ,state of       
,alaska to the west and ,state of       
,alaska offshore waters of the ,beaufort
 ,sea on the north2 and  7,b7 from which
 oil and gas can be produced through the
 use of horizontal drilling or other    
subsurface technology from sites outside

 or underneath the surface of the       
,coastal ,plain4  #c4 ,leasing program  
for land within the ,western ,coastal   
,plain  7a7 ,in general  7#a7           
,authorization ,there is authorized the 
exploration1 leasing1 development1 and  
production of oil and gas from the      
,western ,coastal ,plain4  7#b7 ,actions
 ,the ,secretary shall take such actions
 as are necessary-- 7,a7 to establish   
and implement1 in accordance with this  
,act1 a competitive oil and gas leasing 
program that will result in an          
environmentally sound program for the   
exploration1 development1 and production
 of the oil and gas resources of the    
,western ,coastal ,plain2 and  7,b7 to  
administer this ,act through            
regulations1 lease terms1 conditions1   
restrictions1 prohibitions1             
stipulations1 and other provisions      
that-- 7i7 ensure the oil and gas       
exploration1 development1 and production
 activities on the ,western ,coastal    
,plain will result in no significant    

adverse effect on fish and wildlife1    
fish and wildlife habitat1 subsistence  
resources1 and the environment2  7ii7   
prohibit surface occupancy of the       
,western ,coastal ,plain during oil and 
gas development and production2 and     
7iii7 require the application of the    
best commercially available technology  
for oil and gas exploration1            
development1 and production to all      
exploration1 development1 and production
 operations under this ,act in a manner 
that ensures the receipt of fair market 
value by the public for the mineral     
resources to be leased4  7b7 ,compliance
 with requirements under certain other  
laws  7#a7 ,compatibility ,for purposes 
of the ,national ,wildlife ,refuge      
,system ,administration ,act of #aiff   
7#af ,u4,s4,c4 #ffh;dd et seq47-- 7,a7  
the oil and gas preleasing and leasing  
program and activities authorized by    
this section in the ,western ,coastal   
,plain shall be considered to be        
compatible with the purposes for which  

the ,arctic ,national ,wildlife ,refuge 
was established2 and  7,b7 no further   
findings or decisions shall be required 
to implement that program and those     
activities4  7#b7 ,adequacy of the      
legislative environmental impact        
statement of the ,department of the     
,interior ,the ,final ,statement shall  
be considered to satisfy the            
requirements of the ,national           
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq47 that apply
 with respect to preleasing activities1 
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 ,act 
before the conduct of the first lease   
sale4  7#c7 ,compliance with ,,nepa for 
other actions  7,a7 ,in general ,prior  
to conducting the first lease sale      
pursuant to this ,act1 the ,secretary   
shall prepare an environmental impact   
statement in accordance with the        

,national ,environmental ,policy ,act of
 #aifi 7#db ,u4,s4,c4 #dcba et seq47    
with respect to the activities          
authorized by this ,act that are not    
covered by paragraph 7#b74  7,b7        
,identification and analysis            
,notwithstanding any other provision of 
law1 in carrying out this paragraph1 the
 ,secretary shall not-- 7i7 identify    
nonleasing alternative courses of       
action2 or  7ii7 analyze the            
environmental effect of those courses of
 action4  7,c7 ,identification of       
preferred action ,not later than #a year
 after the date of enactment of this    
,act1 the ,secretary shall identify only
 a preferred action and a single leasing
 alternative for the first lease sale   
conducted pursuant to this ,act4  7,d7  
,effect of noncompliance                
,notwithstanding any other provision of 
law1 compliance with this paragraph     
shall be considered to satisfy any      
provision of law or other requirement   
that requires analysis and consideration

 of the environmental effects of leasing
 with respect to the leasing conducted  
pursuant to this ,act4  7c7             
,relationship to ,state and local       
authority ,nothing in this ,act expands 
or limits any ,state or local regulatory
 authority4  7d7 ,regulations ,not later
 than #a year after the date of         
enactment of this ,act1 in consultation 
with the ,state of ,alaska1 the ,north  
,slope ,borough1 ,alaska1 and the       
,arctic ,slope ,regional ,corporation1  
the ,secretary shall promulgate such    
regulations as are necessary to carry   
out this ,act4  #d4 ,lease sales  7a7   
,qualified lessees ,land may be leased  
under this ,act to any person qualified 
to obtain a lease for deposits of oil   
and gas under the ,mineral ,leasing ,act
 7#cj ,u4,s4,c4 #aha et seq474  7b7     
,procedures ,the ,secretary shall1 by   
regulation1 establish procedures for--  
7#a7 receipt and consideration of sealed
 nominations for any area in the        
,western ,coastal ,plain for inclusion  

in a lease sale2  7#b7 the holding of   
lease sales after the nomination process
 described in paragraph 7#a72 and  7#c7 
public notice of1 and comment on1       
designation of areas to be included in1 
or excluded from1 a lease sale4  7c7    
,lease sale bids ,bidding for leases    
under this ,act shall be by sealed      
competitive cash bonus bids4  7d7       
,acreage minimum in first sale ,for the 
first lease sale under this ,act1 the   
,secretary shall offer for lease those  
tracts the ,secretary considers to have 
the greatest potential for the discovery
 of hydrocarbons1 taking into           
consideration nominations received      
pursuant to subsection 7b77#a71 but in  
no case less than #bjj1jjj acres4  7e7  
,timing of lease sales ,the ,secretary  
shall-- 7#a7 not later than #ah months  
after the date of enactment of this     
,act1 conduct the first lease sale under
 this ,act2  7#b7 not later than #a year
 after the date on which the first lease
 sale is conducted under paragraph 7#a71

 conduct a second lease sale under this 
,act2 and  7#c7 conduct additional sales
 at appropriate intervals if sufficient 
interest in exploration or development  
exists to warrant the conduct of the    
additional sales4  #e4 ,grant of leases 
by the ,secretary  7a7 ,in general ,on  
payment by a lessee of such bonus as may
 be accepted by the ,secretary1 the     
,secretary shall grant to the highest   
responsible qualified bidder in a lease 
sale conducted pursuant to section #d a 
lease for any land on the ,western      
,coastal ,plain4  7b7 ,subsequent       
transfers  7#a7 ,in general ,no lease   
issued under this ,act may be sold1     
exchanged1 assigned1 sublet1 or         
otherwise transferred except with the   
approval of the ,secretary4  7#b7       
,condition for approval ,before granting
 any approval under paragraph 7#a71 the 
,secretary shall consult with1 and give 
due consideration to the opinion of1 the
 ,attorney ,general4  #f4 ,lease terms  
and conditions  7a7 ,in general ,an oil 

or gas lease issued pursuant to this    
,act shall-- 7#a7 provide for the       
payment of a royalty of not less than   
#aba_/b percent of the quantity or value
 of the production removed or sold from 
the lease1 as determined by the         
,secretary in accordance with           
regulations applicable to other ,federal
 oil and gas leases2  7#b7 provide that 
the ,secretary1 after consultation with 
the ,state of ,alaska1 ,north ,slope    
,borough1 ,alaska1 and the ,arctic      
,slope ,regional ,corporation1 may      
close1 on a seasonal basis1 such        
portions of the ,western ,coastal ,plain
 to exploratory drilling activities as  
are necessary to protect caribou calving
 areas and other species of fish and    
wildlife2  7#c7 require that each lessee
 of land within the ,western ,coastal   
,plain shall be fully responsible and   
liable for the reclamation of land      
within the ,western ,coastal ,plain and 
any other ,federal land that is         
adversely affected in connection with   

exploration activities conducted under  
the lease and within the ,western       
,coastal ,plain by the lessee or by any 
of the subcontractors or agents of the  
lessee2  7#d7 provide that the lessee   
may not delegate or convey1 by contract 
or otherwise1 the reclamation           
responsibility and liability described  
in paragraph 7#c7 to another person     
without the express written approval of 
the ,secretary2  7#e7 contain terms and 
conditions relating to protection of    
fish and wildlife1 fish and wildlife    
habitat1 subsistence resources1 and the 
environment as required under section   
#c7;a77#b72 and  7#f7 provide that each 
lessee1 and each agent and contractor of
 a lessee1 shall use the best efforts of
 the lessee to provide a fair share of  
employment and contracting for ,alaska  
,natives and ,alaska ,native            
,corporations from throughout the       
,state1 as determined by the level of   
obligation previously agreed to in the  
,federal ,agreement4  7b7 ,project labor

 agreements ,the ,secretary1 as a term  
and condition of each lease under this  
,act1 and in recognizing the proprietary
 interest of the ,federal ,government in
 labor stability and in the ability of  
construction labor and management to    
meet the particular needs and conditions
 of projects to be developed under the  
leases issued pursuant to this ,act     
7including the special concerns of the  
parties to those leases71 shall require 
that each lessee1 and each agent and    
contractor of a lessee1 under this ,act 
negotiate to obtain a project labor     
agreement for the employment of laborers
 and mechanics on production1           
maintenance1 and construction under the 
lease4  #g4 ,federal and ,state         
distribution of revenues  7a7 ,in       
general ,notwithstanding any other      
provision of law1 of the amount of      
bonus1 rental1 and royalty revenues from
 oil and gas leasing and operations     
authorized by this ,act-- 7#a7 #ej      
percent shall be paid to the ,state of  

,alaska2 and  7#b7 the balance shall be 
deposited in the ,treasury of the       
,united ,states4  7b7 ,payments to      
,alaska ,payments to the ,state of      
,alaska under this section shall be made
 on a monthly basis4  #h4 ,conveyance   
,notwithstanding section #acjb7;h77#b7  
of the ,alaska ,national ,interest      
,lands ,conservation ,act 7#af ,u4,s4,c4
 #caib7;h77#b771 to remove any cloud on 
title to land1 and to clarify land      
ownership patterns in the ,coastal      
,plain1 the ,secretary shall-- 7#a7 to  
the extent necessary to fulfill the     
entitlement of the ,kaktovik ,inupiat   
,corporation under sections #ab and #ad 
of the ,alaska ,native ,claims          
,settlement ,act 7#dc ,u4,s4,c4 #afaa1  
#afac71 as determined by the ,secretary1
 convey to that ,corporation the surface
 estate of the land described in        
paragraph 7#a7 of ,public ,land ,order  
#fiei1 in accordance with the terms and 
conditions of the agreement between the 
,secretary1 the ,united ,states ,fish   

and ,wildlife ,service1 the ,bureau of  
,land ,management1 and the ,kaktovik    
,inupiat ,corporation1 dated ,january   
#bb1 #aiic2 and  7#b7 convey to the     
,arctic ,slope ,regional ,corporation   
the remaining subsurface estate to which
 that ,corporation is entitled under the
 agreement between that corporation and 
the ,united ,states1 dated ,august #i1  
#aihc4