,,ii #aadth ,,congress #b;d ,session ,s4 #cbjc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ac1 #bjaf ,ms4 ,murkowski 7for herself and ,mr4 ,sullivan7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide for economic development and access to resources in ,alaska1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,alaska ,economic ,development and ,access to ,resources ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definition of ,secretary4 ,,title ,i--,fill ,,taps ,sec4 #aja4 ,plan for new production on ,federal land in ,alaska4 ,,title ,,ii--,outer ,continental ,shelf ,sec4 #bja4 ,outer ,continental ,shelf oil and gas leases offshore ,alaska4 ,sec4 #bjb4 ,inclusion of certain lease sales in the oil and gas leasing program4 ,,title ,,iii--,federal onshore ,subtitle ,a--,authorizing ,alaska production ,sec4 #cja4 ,definitions4 ,sec4 #cjb4 ,leasing program for land within the ,undeformed ,area of the ,coastal ,plain4 ,sec4 #cjc4 ,lease sales4 ,sec4 #cjd4 ,grant of leases by the ,secretary4 ,sec4 #cje4 ,lease terms and conditions4 ,sec4 #cjf4 ,undeformed ,area of the ,coastal plain environmental protection4 ,sec4 #cjg4 ,rights-of-way and easements across ,undeformed ,area of the ,coastal ,plain4 ,sec4 #cjh4 ,conveyance4 ,sec4 #cji4 ,clarification of western coastal boundary of ,,anwr4 ,sec4 #caj4 ,local government impact aid and community service assistance4 ,subtitle ,b--,national ,petroleum ,reserve-,alaska ,sec4 #caa4 ,leasing requirement4 ,sec4 #cab4 ,plan for exploration and evaluation of gravel sources4 ,,title ,,iv--,mining ,sec4 #dja4 ,department of ,energy grants for extraction and purification of rare earth elements4 ,sec4 #djb4 ,valid existing claims4 ,sec4 #djc4 ,,anilca clarification3 ,limitation on land use designations4 ,,title ,v--,forestry ,sec4 #eja4 ,roadless ,area ,conservation ,rule exemption4 ,sec4 #ejb4 ,alaska ,mental ,health ,trust land exchange4 ,sec4 #ejc4 ,tongass ,state forest facilitation4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of the ,interior4 ,i ,fill ,,taps #aja4 ,plan for new production on ,federal land in ,alaska 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall develop a plan that will result1 by #bjbf1 in an increase in production on ,federal land in the ,state of ,alaska of #ejj1jjj barrels of oil per day4 7b7 ,increase in entitlement 7#a7 ,in general ,if the ,secretary does not develop the plan under subsection 7a7 by the deadline described in that subsection1 the ,secretary shall increase the acreage of land to which the ,state of ,alaska is entitled under the ,act of ,july #g1 #aieh 7commonly known as the ,alaska ,statehood ,act7 7#dh ,u4,s4,c4 note prec4 #ba2 ,public ,law #he-ejh7 and other applicable ,federal law by #a1jjj1jjj acres4 7#b7 ,additional increases ,for each additional year for which the ,secretary does not meet the deadline described in subsection 7a71 the ,secretary shall increase the acreage of land described in paragraph 7#a7 by an additional #a1jjj1jjj acres4 ,,ii ,outer ,continental ,shelf #bja4 ,outer ,continental ,shelf oil and gas leases offshore ,alaska ,the ,outer ,continental ,shelf ,lands ,act is amended by inserting after section #i 7#dc ,u4,s4,c4 #acch7 the following3 #aj4 ,leases in ,alaska outer ,continental ,shelf region 7a7 ,suspension periods 7#a7 ,in general ,notwithstanding any other provision of law1 any oil and gas lease on the outer ,continental ,shelf ,alaska region issued under section #h on or after the date of enactment of the ,alaska ,economic ,development and ,access to ,resources ,act shall be subject to #a suspension period each year1 as described in paragraph 7#b71 during which the primary term of the lease shall not run4 7#b7 ,suspension period described ,the suspension period referred to in paragraph 7#a7 is a suspension period selected by the lessee of either the period-- 7,a7 beginning on ,november #a of a calendar year and ending on ,june #cj of the succeeding calendar year2 or 7,b7 beginning on ,march #a of a calendar year and ending on ,october #ca of the same calendar year4 7#c7 ,written notice ,the lessee shall provide to the ,secretary written notice of the selection of the suspension period under paragraph 7#b74 7#d7 ,modification of suspension period ,after providing written notice to the ,secretary1 the lessee may modify the suspension period selected under paragraph 7#b71 which modification shall be effective for the year following the lease year during which the ,secretary receives the notice of the modification4 7#e7 ,operations authorized ,notwithstanding paragraph 7#a71 a lessee or operator of an oil and gas lease on the outer ,continental ,shelf ,alaska region may conduct operations under the lease during the suspension period1 on the condition that the term of the lease shall run for the number of days that the lessee or operator conducts the operations during the suspension period4 7#f7 ,rental payments ,for any lease subject to a suspension period under this section1 the lessee shall make rental payments for the entire lease year4 7#g7 ,election ,required for ,existing ,leases 7,a7 ,in general ,notwithstanding any other provision of law1 this subsection shall apply to an oil and gas lease on the outer ,continental ,shelf ,alaska region in effect on the date of enactment of the ,alaska ,economic ,development and ,access to ,resources ,act only if1 not later than #ij days after that date1 the lessee provides to the ,secretary written notice that the lessee is electing to accept the provisions of this subsection with respect to that lease4 7,b7 ,annual rental increase ,if the lessee elects under subparagraph 7,a7 to accept the provisions of this subsection with respect to an oil and gas lease of the lessee1 beginning in the lease year that is #aj years after the effective date of the lease1 the annual rental established for that lease shall increase by #b4ej per hectare per year4 7b7 ,minimum primary lease term ,notwithstanding any other provision of law1 the ,secretary shall not issue an oil and gas lease on the outer ,continental ,shelf ,alaska region for a primary term of fewer than #aj years4 7c7 ,sharing increased revenues with the ,state of ,alaska ,notwithstanding section #i1 for each applicable fiscal year1 the ,secretary of the ,treasury shall disburse #ij percent of the amounts collected in that fiscal year as a result of the increase in annual rental payments under subsection 7a77#g77;,b7 to the ,state of ,alaska4 7d7 ,effect ,nothing in this section limits the authority of the ,secretary to grant or direct a suspension of a lease or permit under section #e7;a77#a74 4 #bjb4 ,inclusion of certain lease sales in the oil and gas leasing program ,section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7 is amended by adding at the end the following3 7i7 ,inclusion of certain lease sales ,the ,secretary shall include in the leasing program for fiscal years #bjag through #bjbc prepared in accordance with this section provisions for the conduct of-- 7#a7 in the ,beaufort planning area1 #a lease sale in each of fiscal years #bjag and #bjbb2 7#b7 in the ,cook ,inlet planning area1 #a lease sale in each of fiscal years #bjag and #bjai2 and 7#c7 in the ,chukchi planning area1 #a lease sale in each of fiscal years #bjag and #bjai4 4 ,,iii ,federal onshore ,a ,authorizing ,alaska production #cja4 ,definitions ,in this subtitle3 7#a7 ,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#b7 ,undeformed ,area of the ,coastal ,plain ,the term ,undeformed ,area of the ,coastal ,plain means the approximately #cge1jjj acres generally depicted as the undeformed area north of the ,marsh ,creek anticline in figure #b of fact sheet #jjbh-ja of the ,united ,states ,geological ,survey4 #cjb4 ,leasing program for land within the ,undeformed ,area of the ,coastal ,plain 7a7 ,in general 7#a7 ,authorization ,congress authorizes the exploration1 leasing1 development1 production1 and economically feasible and prudent transportation of oil and gas in and from the ,undeformed ,area of the ,coastal ,plain4 7#b7 ,actions ,the ,secretary shall take such actions as are necessary-- 7,a7 to establish and implement1 in accordance with this subtitle1 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 ,undeformed ,area of the ,coastal ,plain2 and 7,b7 to administer this subtitle 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 ,undeformed ,area of the ,coastal ,plain will result in no significant adverse effect on fish and wildlife1 fish and wildlife habitat1 subsistence resources1 and the environment2 and 7ii7 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 subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased4 7b7 ,repeal 7#a7 ,repeal ,section #ajjc of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cadc7 is repealed4 7#b7 ,conforming amendment ,the table of contents contained in section #a of that ,act 7#af ,u4,s4,c4 #caja note7 is amended by striking the item relating to section #ajjc4 7c7 ,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 program1 and activities authorized by this section in the ,undeformed ,area of the ,coastal ,plain1 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 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 that apply with respect to preleasing1 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 sale4 7#c7 ,compliance with ,,nepa for other actions 7,a7 ,in general ,before conducting the first lease sale under this subtitle1 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 actions authorized by this subtitle that are not referred to in 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 effects 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 authorized under this subtitle4 7,d7 ,effect of compliance ,notwithstanding any other provision of law1 compliance with this paragraph shall be considered to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle4 7d7 ,relationship to ,state and local authority ,nothing in this subtitle expands or limits any ,state or local regulatory authority4 7e7 ,limitation on closed areas ,the ,secretary shall not close land within the ,undeformed ,area of the ,coastal ,plain to oil and gas leasing or to exploration1 development1 or production except in accordance with this subtitle4 7f7 ,regulations ,not later than #a year after the date of enactment of this ,act1 in consultation with the ,state of ,alaska1 ,north ,slope ,borough1 ,alaska1 the ,city of ,kaktovik1 ,alaska1 and the ,arctic ,slope ,regional ,corporation1 the ,secretary shall promulgate such regulations as are necessary to carry out this subtitle4 7g7 ,authorization on ,,kic-,,asrc private land ,exploratory drilling1 leasing1 development1 and production of oil and gas resources are authorized on the ,,kic-,,asrc private land described in ,appendix #b of the agreement between ,arctic ,slope ,regional ,corporation and the ,united ,states1 dated ,august #i1 #aihc4 #cjc4 ,lease sales 7a7 ,in general ,land may be leased pursuant to this subtitle 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 ,undeformed ,area of the ,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 of and comment on designation of areas to be included in1 or excluded from1 a lease sale4 7c7 ,lease sale bids ,bidding for leases under this subtitle shall be by sealed competitive cash bonus bids4 7d7 ,acreage minimum in first sale ,for the first lease sale under this subtitle1 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 subtitle2 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 subtitle2 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 #cjd4 ,grant of leases by the ,secretary 7a7 ,in general ,upon 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 #cjc a lease for any land on the ,undeformed ,area of the ,coastal ,plain4 7b7 ,subsequent transfers 7#a7 ,in general ,no lease issued under this subtitle 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 described in paragraph 7#a71 the ,secretary shall consult with and give due consideration to the opinion of the attorney general4 #cje4 ,lease terms and conditions 7a7 ,in general ,an oil or gas lease issued pursuant to this subtitle shall-- 7#a7 provide for the payment of a royalty of not less than #ab percent of the amount 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 the ,city of ,kaktovik1 ,alaska1 and the ,arctic ,slope ,regional ,corporation1 may close1 on a seasonal basis1 such portions of the ,undeformed ,area of the ,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 ,undeformed ,area of the ,coastal ,plain shall be fully responsible and liable for the reclamation of land within the ,undeformed ,area of the ,coastal ,plain and any other ,federal land that is adversely affected in connection with exploration1 development1 production1 or transportation activities within the ,undeformed ,area of the ,coastal ,plain conducted 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 provide that the standard of reclamation for land required to be reclaimed under this subtitle shall be1 to the maximum extent practicable-- 7,a7 a condition capable of supporting the uses that the land was capable of supporting prior to any exploration1 development1 or production activities2 or 7,b7 on application by the lessee1 to a higher or better standard1 as approved by the ,secretary2 7#f7 contain terms and conditions relating to protection of fish and wildlife1 fish and wildlife habitat1 subsistence resources1 and the environment as required under section #cjb7;a77#b72 and 7#g7 provide that each lessee1 and each agent and contractor of a lessee1 shall 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 ,alaska1 as determined by the level of obligation previously agreed to in the ,federal ,agreement and ,grant ,right-of-,way for the ,trans-,alaska ,pipeline issued on ,january #bc1 #aigd1 in accordance with section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe7 and the ,trans-,alaska ,pipeline ,authorization ,act 7#dc ,u4,s4,c4 #afea et seq474 7b7 ,project labor agreements ,the ,secretary1 as a term and condition of each lease under this subtitle1 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 subtitle 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 subtitle negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production1 maintenance1 and construction under the lease4 #cjf4 ,undeformed ,area of the ,coastal plain environmental protection 7a7 ,no significant adverse effect standard ,to govern authorized activities on ,undeformed ,area of the ,coastal ,plain ,in accordance with section #cjb1 the ,secretary shall administer this subtitle through regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 or other provisions that-- 7#a7 ensure1 to the maximum extent practicable1 that oil and gas exploration1 development1 and production activities on the ,undeformed ,area of the ,coastal ,plain will result in no significant adverse effect on fish and wildlife1 fish and wildlife habitat1 subsistence resources1 and the environment2 7#b7 require the application of the best commercially available technology for oil and gas exploration1 development1 and production on all new exploration1 development1 and production operations2 and 7#c7 ensure that the maximum surface acreage covered in connection with the leasing program by production and support facilities1 including airstrips and any areas covered by gravel berms or piers for support of pipelines1 does not exceed #b1jjj acres on the ,undeformed ,area of the ,coastal ,plain4 7b7 ,site-,specific assessment and mitigation ,the ,secretary shall require1 with respect to any proposed drilling and related activities on the ,undeformed ,area of the ,coastal ,plain1 that-- 7#a7 a site-specific environmental analysis be made of the probable effects1 if any1 that the drilling or related activities will have on fish and wildlife1 fish and wildlife habitat1 subsistence resources1 and the environment2 7#b7 a plan be implemented to avoid1 minimize1 and mitigate 7in that order and to the maximum extent practicable7 any significant adverse effect identified under paragraph 7#a72 and 7#c7 the development of the plan occur after consultation with-- 7,a7 each agency having jurisdiction over matters mitigated by the plan2 7,b7 the ,state of ,alaska2 7,c7 ,north ,slope ,borough1 ,alaska2 7,d7 the ,city of ,kaktovik1 ,alaska2 and 7,e7 the ,arctic ,slope ,regional ,corporation4 7c7 ,regulations ,to protect ,undeformed ,area of the ,coastal ,plain fish and wildlife resources1 subsistence users1 and the environment ,before implementing the leasing program authorized by this subtitle1 the ,secretary shall prepare and promulgate regulations1 lease terms1 conditions1 restrictions1 prohibitions1 stipulations1 or other measures designed to ensure1 to the maximum extent practicable1 that the activities carried out on the ,undeformed ,area of the ,coastal ,plain under this subtitle are conducted in a manner consistent with the purposes and environmental requirements of this subtitle4 7d7 ,compliance with ,federal and ,state environmental laws and other requirements ,the regulations1 lease terms1 conditions1 restrictions1 prohibitions1 and stipulations for the leasing program under this subtitle shall require-- 7#a7 compliance with all applicable provisions of ,federal and ,state environmental law 7including regulations72 and 7#b7 implementation of and compliance with-- 7,a7 standards that are at least as effective as the safety and environmental mitigation measures1 as described in items #a through #bi on pages #afg through #afi of the ,final ,statement2 7,b7 reclamation and rehabilitation requirements in accordance with this subtitle for the removal from the ,undeformed ,area of the ,coastal ,plain of all oil and gas development and production facilities1 structures1 and equipment on completion of oil and gas production operations1 except in a case in which the ,secretary determines that those facilities1 structures1 or equipment-- 7i7 would assist in the management of the ,arctic ,national ,wildlife ,refuge2 and 7ii7 are donated to the ,united ,states for that purpose2 and 7,c7 reasonable stipulations for protection of cultural and archaeological resources4 7e7 ,access to public land ,the ,secretary shall-- 7#a7 manage public land in the ,undeformed ,area of the ,coastal ,plain in accordance with subsections 7a7 and 7b7 of section #haa of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caba72 and 7#b7 ensure that local residents shall have reasonable access to public land in the ,undeformed ,area of the ,coastal ,plain for traditional uses4 #cjg4 ,rights-of-way and easements across ,undeformed ,area of the ,coastal ,plain ,for purposes of section #aajb7d77;,a7 of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cafb7d77;,a771 any rights-of-way or easements across the ,undeformed ,area of the ,coastal ,plain for the exploration1 development1 production1 or transportation of oil and gas shall be considered to be established incident to the management of the ,undeformed ,area of the ,coastal ,plain under this section4 #cjh4 ,conveyance 7a7 ,in general ,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 patterns1 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 7b7 ,land adjacent to and ,southwest of ,,anwr ,as a condition of receipt of the benefits under this subtitle1 the ,state of ,alaska shall convey to the ,united ,states all right1 title1 and interest in and to the approximately #eih1gfg acres generally depicted as ,proposed ,trade ,land on the map entitled ,proposed ,,anwr ,exchange1 prepared by the ,state of ,alaska ,department of ,natural ,resources1 and dated ,july #bjae4 #cji4 ,clarification of western coastal boundary of ,,anwr ,the western coastal boundary of ,arctic ,national ,wildlife ,refuge is defined-- 7#a7 as the boundary originally established as part of the ,alaska ,arctic ,wildlife ,range under ,public ,land ,order #bbad1 dated ,december #f1 #aifj 7#be ,fed4 ,reg4 #abeih72 and 7#b7 consistent with the order of the case styled ,united ,states v4 ,alaska 7#eba ,u4,s4 #a 7#aiig774 #caj4 ,local government impact aid and community service assistance 7a7 ,establishment of fund 7#a7 ,in general ,there is established in the ,treasury a fund to be known as the ,undeformed ,area of the ,coastal ,plain ,local ,government ,impact ,aid ,assistance ,fund 7referred to in this section as the ,fund74 7#b7 ,use ,amounts in the ,fund may be used only to provide financial assistance in accordance with subsection 7b74 7#c7 ,deposits ,subject to paragraph 7#d71 of amounts of revenues payable to the ,state of ,alaska under section #ce of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia7 that are derived from rents1 bonuses1 and royalties from ,federal leases and lease sales authorized under this subtitle-- 7,a7 #bh1jjj1jjj shall be deposited in the ,fund for the first fiscal year for which amounts are received by the ,united ,states from ,federal leases and lease sales authorized under this subtitle2 and 7,b7 #g1jjj1jjj shall be deposited in the ,fund for each fiscal year thereafter4 7#d7 ,limitation on deposits ,the total amount in the ,fund may not exceed #bh1jjj1jjj4 7#e7 ,investment of balances ,the ,secretary of the ,treasury shall invest amounts in the ,fund in interest-bearing securities of the ,united ,states4 7b7 ,financial assistance 7#a7 ,in general ,the ,secretary may use amounts available from the ,fund to provide timely financial assistance to ,north ,slope ,borough1 ,alaska1 the ,city of ,kaktovik1 ,alaska1 and any other borough1 municipal subdivision1 village1 or other community in the ,state of ,alaska that is directly impacted by exploration for1 or the production of1 oil or gas on the ,undeformed ,area of the ,coastal ,plain under this subtitle1 as determined by the ,secretary4 7#b7 ,use of assistance ,financial assistance provided under this subsection may be used only for-- 7,a7 planning for mitigation of the potential effects of oil and gas exploration and development on environmental1 social1 cultural1 recreational1 and subsistence values2 7,b7 implementing mitigation plans and maintaining mitigation projects2 7,c7 developing1 carrying out1 and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with the effects described in subparagraph 7,a71 including firefighting1 police1 water1 waste treatment1 medivac1 and medical services2 and 7,d7 the establishment by ,north ,slope ,borough1 ,alaska1 of a coordination office in the ,city of ,kaktovik1 ,alaska-- 7i7 to coordinate with and advise developers on local conditions of1 impacts on1 and the history of the areas utilized for development under this subtitle2 and 7ii7 to provide to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an annual report that describes the status of coordination between developers and the communities affected by development under this subtitle4 7c7 ,application 7#a7 ,in general ,to receive assistance under subsection 7b71 a community described in subsection 7b77#a7 shall submit to the ,secretary an application for assistance1 in such form and under such procedures as the ,secretary may prescribe by regulation4 7#b7 ,north ,slope ,borough communities ,a community located in ,north ,slope ,borough1 ,alaska1 may apply for assistance under this section either directly with the ,secretary or through the ,north ,slope ,borough4 7#c7 ,application assistance ,the ,secretary shall work closely with and assist ,north ,slope ,borough1 ,alaska1 and other communities eligible for assistance under this section in developing and submitting applications under this subsection4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary from the ,fund #g1jjj1jjj for each fiscal year to provide financial assistance under this section4 ,b ,national ,petroleum ,reserve-,alaska #caa4 ,leasing requirement 7a7 ,definition of map ,in this section1 the term map means the ,preferred ,alternative1 as drawn in ,figure ,,ii4,c4#a in the ,northeast ,national ,petroleum ,reserve-,alaska1 ,integrated ,activity ,plan_/,environmental ,impact ,statement ,record of ,decision1 dated ,october #aiih4 7b7 ,requirement ,the ,secretary shall offer one or more area-wide oil and gas lease sales in areas identified on the map as ,available for ,oil ,gas ,leasing4 #cab4 ,plan for exploration and evaluation of gravel sources 7a7 ,in general ,to further enhance the potential for oil and gas development in the ,national ,petroleum ,reserve-,alaska1 the ,secretary shall develop a plan for exploration and evaluation in the ,national ,petroleum ,reserve-,alaska of gravel sources suitable for the construction of roads and pads necessary for the oil and gas development 7referred to in this section as the plan74 7b7 ,deadline for submission of plan to ,congress ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress the plan4 7c7 ,implementation of plan ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall implement1 and submit to ,congress the results of the implementation of1 the plan4 7d7 ,cooperation required ,the ,secretary of ,defense shall cooperate with the ,secretary in the implementation of the plan4 ,,iv ,mining #dja4 ,department of ,energy grants for extraction and purification of rare earth elements 7a7 ,purpose ,the purpose of this section is to provide ,department of ,energy grants for the development of more environmentally acceptable and less expensive ways to separate and process rare earth elements1 which would increase the likelihood of economic production of rare earth elements in ,north ,america4 7b7 ,definitions ,in this section3 7#a7 ,rare earth element 7,a7 ,in general ,the term rare earth element means a chemical element in the periodic table from lanthanum 7atomic number #eg7 through lutetium 7atomic number #ga74 7,b7 ,inclusions ,the term rare earth element includes the similar chemical elements scandium 7atomic number #ba7 and yttrium 7atomic number #ci74 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7c7 ,department of ,energy grants for extraction and purification of rare earth elements 7#a7 ,in general ,the ,secretary shall establish a program in the ,department of ,energy under which the ,secretary shall provide to applicants grants for the development and demonstration of new processes-- 7,a7 to extract and purify rare earth elements using environmentally benign technologies2 and 7,b7 that would result in-- 7i7 the separation of individual rare earth elements2 and 7ii7 the production of solid rare earth salts1 which are the materials necessary for the manufacturing of downstream products4 7#b7 ,inclusions ,in providing grants under paragraph 7#a71 the ,secretary shall provide to applicants grants for the testing of green chemistry processes in the separation process for rare earth element extraction1 with an emphasis on closed loop systems that can produce relatively heavy rare earth elements such as dysprosium 7,dy71 terbium 7,tb71 and europium 7,eu74 7d7 ,pilot plant for rare earth element separation and processing ,the ,secretary shall develop1 construct1 and demonstrate a pilot plant to provide proof of concept for rare earth element separation and processing using molecular recognition technology4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section1 of which not less than #g1ejj1jjj shall be made available to provide grants under subsection 7c77#b74 #djb4 ,valid existing claims 7a7 ,definitions ,in this section3 7#a7 ,claim ,the term claim means an unpatented lode mining claim1 placer claim1 mill site1 or tunnel site located under the general mining laws4 7#b7 ,federal land ,the term ,federal land means land or an interest in land that-- 7,a7 is owned by the ,united ,states2 and 7,b7 7i7 is open to mineral entry and location2 or 7ii7 was open to mineral entry and location at the time of the entry or location4 7#c7 ,mineral activity ,the term mineral activity means any of the following activities carried out on ,federal land under a claim1 whether with a discovery or without a discovery1 or off of a claim3 7,a7 ,any activity for mineral prospecting1 exploration1 development1 mining1 extraction1 milling1 beneficiation1 processing1 or storage of mined or processed materials4 7,b7 ,any reclamation activity for any locatable mineral4 7,c7 ,any activity that is reasonably incident to an activity described in subparagraph 7,a7 or 7,b71 including the construction and use of roads1 transmission lines1 water wells1 pipelines1 utility corridors1 and other means of access across ,federal land for ancillary facilities used in conjunction with the activity4 7#d7 ,withdrawal or other action ,the term withdrawal or other action means any withdrawal or any ,federal management regulatory action or other action that withholds an area of ,federal land from settlement1 sale1 location1 or entry under some or all of the general land laws for the purpose of affecting mining or mineral activity in order to maintain other public values in the area4 7b7 ,exclusion ,any claim located prior to any withdrawal-- 7#a7 is excluded from withdrawal or other action2 7#b7 shall be considered to be-- 7,a7 valid for the purposes of mining or mineral activity2 and 7,b7 a valid existing right until such time as the ,secretary successfully contests the validity of such a claim4 7c7 ,burden of proof ,with respect to a contest described in subsection 7b77#b77;,b71 any burden of proof or costs shall be the responsibility of the ,secretary4 7d7 ,application ,any law 7including regulations7 or ,federal action that applies to a claim located within an area of ,federal land subject to a withdrawal or other action shall not apply to a claim described in subsection 7b74 #djc4 ,,anilca clarification3 ,limitation on land use designations ,section #acbf of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cbac7 is amended by adding at the end the following3 7c7 ,limitation on land use designations 7#a7 ,in general ,consistent with the intent of ,congress expressed in section #aja7;d71 no executive branch action described in paragraph 7#b7 shall be effective unless the requirements of paragraph 7#c7 are met with respect to the executive branch action4 7#b7 ,description of executive branch action ,an executive branch action referred to in paragraph 7#a7 is any executive branch action that-- 7,a7 designates more than #e1jjj acres of public lands within the ,state2 and 7,b7 limits1 or has the effect of limiting or impeding1 activities and uses allowed on public lands as of the date of enactment of this subsection1 including designations and management of public lands as a wilderness study area1 a component of the ,national ,wild and ,scenic ,rivers ,system1 a critical habitat under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 an area of critical environmental concern 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb771 and any similar land use designation or management of public lands pursuant to any ,federal land use law4 7#c7 ,requirements 7,a7 ,in general ,the ,president or the ,secretary may only take an executive branch action described in paragraph 7#b7 with respect to public lands in the ,state pursuant to any ,federal law after providing notice of the designation in the ,federal ,register and to ,congress4 7,b7 ,termination ,any action taken under subparagraph 7,a7 shall terminate unless1 not later than #a year after the date on which notice of the action has been submitted to ,congress under that subparagraph1 ,congress passes a joint resolution of approval of the executive branch action4 7d7 ,revocation of designations of areas of critical environmental concern ,each designation of an area within the ,state as an area of critical environmental concern in effect on the date of enactment of this subsection is revoked4 4 ,v ,forestry #eja4 ,roadless ,area ,conservation ,rule exemption ,the ,roadless ,area ,conservation ,rule established under part #bid of title #cf1 ,code of ,federal ,regulations 7or successor regulations71 shall not apply with respect to any ,national ,forest ,system land in the ,state of ,alaska4 #ejb4 ,alaska ,mental ,health ,trust land exchange 7a7 ,finding2 purpose 7#a7 ,finding ,congress finds that the exchange of land between the ,alaska ,mental ,health ,trust and the ,secretary of ,agriculture authorized and directed by this section is in the public interest4 7#b7 ,purpose ,the purpose of this section is to provide for the exchange of land between the ,alaska ,mental ,health ,trust and the ,secretary of ,agriculture-- 7,a7 to preserve the scenic and visual backdrops of southeastern ,alaska communities1 while creating economic opportunities in more remote areas of the ,state of ,alaska2 7,b7 to secure ,federal ownership and protection of non-,federal land in the ,state of ,alaska that has significant natural1 scenic1 recreational1 and other public values2 and 7,c7 to contribute to the goals and objectives of timber management in the ,tongass ,national ,forest4 7b7 ,definitions ,in this section3 7#a7 ,alaska ,mental ,health ,trust ,the term ,alaska ,mental ,health ,trust means the ,alaska ,mental ,health ,trust ,authority1 an agency of the ,state4 7#b7 ,federal ,land ,the term ,federal land means the ,national ,forest ,system land depicted on the maps in ,exhibit ,b of the agreement between the ,forest ,service and the ,alaska ,mental ,health ,trust entitled ,alaska ,mental ,health ,land ,exchange1 ,agreement to ,initiate1 ,case ,no4 #ex-#ah4 7#c7 ,non-,federal ,land ,the term non-,federal land means the parcels of ,alaska ,mental ,health ,trust land that are depicted on the maps in ,exhibit ,a of the agreement between the ,forest ,service and the ,alaska ,mental ,health ,trust entitled ,alaska ,mental ,health ,land ,exchange1 ,agreement to ,initiate1 ,case ,no4 #ex-#ah4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#e7 ,state ,the term ,state means the ,state of ,alaska4 7c7 ,land ,exchange 7#a7 ,in ,general ,if the ,alaska ,mental ,health ,trust offers to convey to the ,secretary all right1 title1 and interest of the ,alaska ,mental ,health ,trust in and to the non-,federal land-- 7,a7 the ,secretary1 on completion of the environmental reviews described in paragraph 7#b71 shall convey to the ,alaska ,mental ,health ,trust all right1 title1 and interest of the ,united ,states in and to the ,federal land2 and 7,b7 the ,alaska ,mental ,health ,trust1 on receipt of title to the ,federal land under subparagraph 7,a71 shall convey to the ,secretary all right1 title1 and interest of the ,alaska ,mental ,health ,trust in and to the non-,federal land1 subject to paragraph 7#c74 7#b7 ,compliance with ,applicable ,law ,before carrying out the land exchange under paragraph 7#a71 the ,secretary shall complete any necessary land surveys and required pre-exchange clearances1 reviews1 mitigation activities1 and approvals relating to-- 7,a7 threatened and endangered species2 7,b7 cultural and historic resources2 7,c7 wetland and floodplains2 and 7,d7 hazardous materials4 7#c7 ,conditions on ,acceptance ,title to any non-,federal land conveyed by the ,alaska ,mental ,health ,trust to the ,secretary under paragraph 7#a77;,b7 shall be in a form that-- 7,a7 is acceptable to the ,secretary1 in the case of non-,federal land to be administered by the ,forest ,service2 and 7,b7 conforms to the title approval standards of the attorney general applicable to land acquisitions by the ,federal ,government4 7#d7 ,appraisals 7,a7 ,in ,general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary and the ,alaska ,mental ,health ,trust shall select an appraiser to conduct appraisals of the ,federal land and non-,federal land4 7,b7 ,requirements 7i7 ,in ,general ,except as provided in clause 7ii71 an appraisal required under this paragraph shall be conducted in accordance with national recognized appraisal standards1 including-- 7,i7 the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions2 and 7,,ii7 the ,uniform ,standards of ,professional ,appraisal ,practice4 7ii7 ,final ,appraised ,value 7,i7 ,in general ,during the #c-year period beginning on the date on which the final appraised values of the ,federal land and non-,federal land are approved by the ,secretary1 the ,secretary shall not be required to reappraise or update the final appraised values of the ,federal land and non-,federal land4 7,,ii7 ,exchange agreement ,after the date on which an exchange agreement is entered into by the ,alaska ,mental ,health ,trust and the ,secretary in accordance with section #bed4ad of title #cf1 ,code of ,federal ,regulations 7or a successor regulation71 no reappraisal or updates to the final appraised values of the ,federal land and non-,federal land approved by the ,secretary shall be required4 7,c7 ,public review ,before carrying out the land exchange under paragraph 7#a71 the ,secretary shall make the appraisals of the ,federal land and non-,federal land available for public review4 7#e7 ,equal ,value ,land ,exchange 7,a7 ,in ,general ,the value of the ,federal land and non-,federal land to be exchanged under paragraph 7#a7 shall-- 7i7 be equal2 or 7ii7 be equalized in accordance with this paragraph4 7,b7 ,surplus of ,federal ,land ,value 7i7 ,in ,general ,if the final appraised value of the ,federal land exceeds the final appraised value of the non-,federal land1 the ,alaska ,mental ,health ,trust shall-- 7,i7 convey additional non-,federal land in the ,state to the ,secretary1 consistent with the requirements of this section2 7,,ii7 make a cash payment to the ,united ,states2 or 7,,iii7 use a combination of the methods described in subclauses 7,i7 and 7,,ii71 as agreed to by the ,alaska ,mental ,health ,trust and the ,secretary4 7ii7 ,amount of ,payment ,notwithstanding section #bjf7;b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf7;b771 the ,secretary may accept a payment under clause 7i7 in excess of #be percent of the total value of the ,federal land or ,federal interests conveyed4 7,c7 ,surplus of ,non-,federal ,land ,if the final appraised value of the non-,federal land exceeds the value of the ,federal land1 parcels of the non-,federal land may be excluded from the exchange in a quantity sufficient to result in an equal value exchange4 7#f7 ,costs ,as a condition of the exchange of ,federal land and non-,federal land authorized under paragraph 7#a71 the ,alaska ,mental ,health ,trust shall agree to pay1 without compensation1 all costs that are associated with the exchange4 7#g7 ,intent of congress ,it is the intent of ,congress that the land exchange authorized and directed under paragraph 7#a7 shall be completed not later than #a year after the date of enactment of this ,act4 7d7 ,management of non-,federal land 7#a7 ,in ,general ,on acquisition of the non-,federal land by the ,secretary under subsection 7c71 the non-,federal land shall-- 7,a7 become part of the ,tongass ,national ,forest2 and 7,b7 be administered in accordance with the laws applicable to the ,national ,forest ,system4 7#b7 ,boundary ,revision ,on acquisition of the non-,federal land by the ,secretary under subsection 7c71 the boundaries of the ,tongass ,national ,forest shall be modified to reflect the inclusion of the non-,federal land4 7#c7 ,land and ,water ,conservation ,fund ,for purposes of section #bjjcjf7;a77#b77;,b77i7 of title #ed1 ,united ,states ,code1 the boundaries of the ,tongass ,national ,forest1 as modified under paragraph 7#b71 shall be considered to be the boundaries of the ,tongass ,national ,forest as in existence on ,january #a1 #aife4 7e7 ,withdrawal ,subject to valid existing rights1 the non-,federal land acquired by the ,secretary under subsection 7c7 is withdrawn from all forms of-- 7#a7 entry1 appropriation1 or disposal under the public laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 disposition under the mineral leasing1 mineral materials1 and geothermal leasing laws4 7f7 ,miscellaneous provisions 7#a7 ,revocation of orders2 ,withdrawal 7,a7 ,revocation of ,orders ,any public land order that withdraws the ,federal land from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit conveyance of the land4 7,b7 ,withdrawal 7i7 ,in general ,if the ,federal land or any ,federal interest in the non-,federal land to be exchanged under this section is not withdrawn or segregated from entry and appropriation under a public land law 7including logging and mineral leasing laws and the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq477 as of the date of enactment of this ,act1 the ,federal land or ,federal interest in the non-,federal land shall be withdrawn1 without further action by the ,secretary1 from entry and appropriation on the date of enactment of this ,act4 7ii7 ,termination ,the withdrawal under clause 7i7 shall be terminated-- 7,i7 on the date of the completion of the exchange of ,federal land and non-,federal land under subsection 7c72 or 7,,ii7 if the ,alaska ,mental ,health ,trust notifies the ,secretary in writing that the ,alaska ,mental ,health ,trust elects to withdraw from the land exchange under section #bjf7;d7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf7;d771 on the date on which the ,secretary receives the notice of the election4 7#b7 ,maps1 estimates1 and descriptions 7,a7 ,minor errors ,the ,secretary and the ,alaska ,mental ,health ,trust1 by mutual agreement1 may correct any minor errors in any map1 acreage estimate1 or description of any land conveyed or exchanged under this section4 7,b7 ,conflict ,if there is a conflict between a map1 acreage estimate1 or description of land in this section1 the map shall control unless the ,secretary and the ,alaska ,mental ,health ,trust mutually agree otherwise4 7,c7 ,availability ,on the date of enactment of this ,act1 the ,secretary shall file and make available for public inspection in the office of the ,supervisor of the ,tongass ,national ,forest each map referred to in this section4 #ejc4 ,tongass ,state forest facilitation 7a7 ,definitions ,in this section3 7#a7 ,federal land ,the term ,federal land means the land identified by the ,state for conveyance under subsection 7b77#b74 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#c7 ,state ,the term ,state means the ,state of ,alaska4 7b7 ,tongass ,national ,forest land conveyance 7#a7 ,authorization ,not later than #ij days after the date on which the ,state submits to the ,secretary a request for the conveyance of not more than #b1jjj1jjj acres of the eligible land described in paragraph 7#b71 the ,secretary shall1 subject to valid existing rights1 convey by quitclaim deed all right title and interest of the ,united ,states in and to the ,federal land for use by the ,state as a ,state forest4 7#b7 ,description of eligible land ,the eligible land referred to in paragraph 7#a7 is ,federal land in the ,tongass ,national ,forest in the ,state1 other than-- 7,a7 land located within the boundaries of-- 7i7 a component of the ,national ,wilderness ,preservation ,system2 7ii7 a ,national ,monument2 or 7iii7 a unit of the ,national ,park ,system2 7,b7 a research natural area1 experimental forest1 or similar area designated for special management2 or 7,c7 an administrative site 7as defined in section #ejb of the ,forest ,service ,facility ,realignment and ,enhancement ,act of #bjje 7#af ,u4,s4,c4 #ehj;d note2 title ,v of ,public ,law #aji-ed74 7#c7 ,deadline for request ,to be valid1 a request for a conveyance under paragraph 7#a7 shall be submitted by the date that is #c years after the date of enactment of this ,act4 7#d7 ,costs of conveyance ,as consideration for the conveyance of the ,federal land to the ,state under paragraph 7#a7-- 7,a7 the ,state shall pay to the ,secretary an amount that is at least equal to fair market value of the ,federal land being conveyed to the ,state1 as determined under paragraph 7#e72 or 7,b7 notwithstanding any other provision of law1 the ,state may elect to convert a selection filed under section #f of the ,act of ,july #g1 #aieh 7commonly known as the ,alaska ,statehood ,act7 7,public ,law #he-ejh1 #gb ,stat4 #cdj71 to use as a credit towards the conveyance of ,federal land to the ,state4 7#e7 ,appraisal to determine fair market value ,the ,secretary shall determine the fair market value of the ,federal land to be conveyed to the ,state based on an appraisal that is conducted in accordance with-- 7,a7 the ,uniform ,appraisal ,standards for ,federal ,land ,acquisition2 and 7,b7 the ,uniform ,standards of ,professional ,appraisal ,practice4 7#f7 ,environmental review ,any conveyance of ,federal land to the ,state under this subsection shall be considered an action categorically excluded from review under-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7,b7 section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 7#g7 ,notice1 comment1 and appeals ,any land conveyance under this subsection shall not be subject to the notice1 comment1 and appeal procedures of part #bae of title #cf1 ,code of ,federal ,regulations 7or successor regulations74