National Fish and Wildlife Enhancement Act of 1988

Summary

Title I: Findings and Definitions - National Fish and Wildlife Enhancement Act of 1987 - Sets forth congressional findings and definitions. Title II: Resource Exploration Within the Coastal Plain of the Arctic National Wildlife Refuge - Authorizes the Director of the United States Fish and Wildlife Service (the Director) to permit oil and gas exploratory drilling and seismic exploration within the Arctic National Refuge Coastal Plain (the coastal plain). Prohibits such drilling within a specified "Protective Management Zone." Sets forth environmental guidelines and restrictions for such drilling. Requires the Director to promulgate exploratory drilling regulations. Delineates the content of such regulations with respect to fish and wildlife protection. Requires the Director to update such regulations periodically and to submit detailed environmental baseline studies and exploratory drilling environmental impact analyses. Authorizes the submission of exploratory drilling permit applications after regulations have been promulgated. Precludes the Director from approving any drilling plan submitted by the U.S. Geological Survey unless no other person has submitted a complete plan meeting Federal regulations. Prescribes drilling plan contents and the administrative procedure for approval. Establishes a Scientific Advisory Panel for the Arctic Refuge to advise the Director regarding a comprehensive regulatory program for the coastal plain which will ensure avoidance of adverse impact upon fish and wildlife. Retains ultimate administrative responsibility for Arctic Refuge management with the Director. Requires the Director to: (1) publish for public comment a revised update of a certain natural resource assessment report (to be accompanied by a final Environmental Impact Statement); and (2) contract with the National Academy of Sciences to conduct an independent study regarding specified aspects of the coastal plain oil and gas potential. Title III: Oil and Gas Leasing on National Wildlife Refuges - Mandated that all oil and gas leasing receipts from national wildlife refuges be deposited into the Refuge Revenue Sharing Fund. Cites circumstances under which: (1) the Secretary shall recommend to the President approval or disapproval of oil and gas leases on the coastal plain; and (2) areas shall be leased to the highest responsible bidder by competitive bidding. Mandates that oil and gas lessees submit for the Secretary's approval separate plans of operation for exploration, development, and production, accompanied by an environmental analysis. Provides for confidentiality of lessees' geological and geophysical data. Precludes the Secretary from issuing any oil or gas lease until the State of Alaska agrees to adopt conditions negotiated with the Director regarding: (1) joint environmental controls; (2) fair market values of sand and gravel extractions; and (3) the marketing of sand and gravel by the Secretary. Provides for an escrow account for sand and gravel sales proceeds. Sets forth conditions for: (1) lease suspension; (2) lease financial terms; (3) lease cancellation due to environmental hazards; and (4) rents or royalties reduction. Provides for judicial review of administrative actions. Details the environmental stipulations that must be included in the environmental regulations promulgated by the Director. Requires the Director to reconvene the Arctic Refuge Scientific Advisory Panel within two months of the oil and gas leasing authorization date. Terminates such Panel two years after the first oil or gas production date on the coastal plain. Outlines the Panel's environmental and wildlife advisory functions. Mandates that comprehensive oil and gas leasing development regulations include right-of-way provisions for transportation or utility systems across the coastal plain. Prohibits such rights-of-way across a certain "Protective Management Zone." Mandates that the right-of-way standards for oil and gas pipelines across the coastal plain be consistent with the remainder of the pipeline out of the Arctic Refuge. Prohibits the construction of more than one new port facility necessitated by oil or gas development that affects the Arctic Refuge along a specified coastal area. Grants the Director enforcement powers for violations of this Act, including power to issue compliance orders and assess civil and criminal penalties. Imposes joint, several, and strict liability for pollution and damages to wildlife and the environment caused by discharge or development activities involving oil, gas, or hazardous substances. Grants the Director the right to accomplish control and removal at the expense of the responsible party. Requires the Director to: (1) revise a specified Arctic Refuge conservation plan to include the Arctic Refuge coastal plain; (2) consult closely with affected State, Native Villages, Regional Corporations, and Canada in evaluating the impact of oil and gas exploration upon fish and wildlife; and (3) report biannually to congressional committees regarding the status of the oil and gas leasing program and its impact upon wildlife and the environment. Amends the National Wildlife Refuge Revenue Sharing Act to direct the Secretary of the Interior to segregate oil and gas leasing revenues on Alaskan units of the National Wildlife Refuge System (including sand or gravel) from all other revenues deposited into the Refuge Revenue Sharing Fund. Outlines the manner in which such revenues shall be apportioned. Amends the Migratory Bird Hunting Stamp Act to direct the Secretary of the Interior to segregate excess oil and gas leasing revenues from all other monies within the Migratory Bird Conservation Fund. Amends the Migratory Bird Conservation Act to authorize approval by the Migratory Bird Conservation Commission of any acquisition recommendation made by the Secretary of the Interior relating to: (1) the North American Waterfowl Plan (signed with Canada in 1986); and (2) land and water interests which would be acquired out of segregated oil and gas leasing revenues (including sand or gravel sales) on certain Alaskan units of the National Wildlife Refuge System. Outlines the manner in which such funds shall be allocated. Establishes the Fish and Wildlife Enhancement Trust Fund to promote fish and wildlife conservation. Provides for an initial endowment of such Fund from oil and gas leasing revenues, (including sand or gravel sales on Alaskan units of the National Wildlife Refuge System). Requires the Director to submit annual summaries of trust fund expenditures to the appropriate congressional committees. Establishes as a National Wildlife Refuge and as a unit of the National Wildlife Refuge System the Teshekpuk-Utukok National Wildlife Refuge. Requires the Director to prepare a comprehensive conservation plan for such Refuge. Sets forth a limited oil and gas leasing moratorium within such Refuge. Repeals certain statutory prohibitions applicable to subsurface coastal plain property interests owned by the Inupiat Eskimo people. Precludes the authorization of surface disturbance related to oil or gas production until final regulations establishing environmental stipulations have been published. Applies such stipulations to coastal plain subsurface property interests owned by the Inupiat Eskimo people. Title IV: Miscellaneous Provisions - Amends the Refuge Administration Act and the Refuge Recreation Act to increase the penalties for violations. Amends the Migratory Bird Conservation Act to provide that lease terms shall, at a minimum, address the same wildlife conservation and protection matters that are applicable to the access and development of reserved non-Federal mineral interests in National Wildlife Refuge System areas. Amends the Fish and Wildlife Improvement Act to authorize appropriations for each fiscal year through FY 1997 for the Secretary of the Interior to implement the Convention on Wetlands of International Importance Especially as Waterfowl Habitat. Authorizes the Secretary to designate significant habitat areas for migratory birds in accordance with the Convention between the United States and the Union of Soviet Socialist Republics for the Conservation of Migratory Birds and Their Environment. Amends the Refuge Administration Act to provide that specified Federal criminal law does not preclude the use of aircraft and motor vehicles in implementation of approved management plans on national wildlife refuges.

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2 official files

• Reported to House amended, Part I

  summary · EN · 3 June 1988

  Open at official source

• Introduced in House

  summary · EN · 3 November 1987

  Open at official source

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