Title 16 — Conservation
Chapter 51 — Alaska National Interest Lands Conservation
§ 3145. Wildlife resources portion of study and impact of potential oil spills in Arctic Ocean
Statutory text
Wildlife resources
The Secretary shall work closely with the State of Alaska and Native Village and Regional Corporations in evaluating the impact of oil and gas exploration, development, production, and transportation and other human activities on the wildlife resources of these lands, including impacts on the Arctic and Porcupine caribou herds, polar bear, muskox, grizzly bear, wolf, wolverine, seabirds, shore birds, and migratory waterfowl. In addition the Secretary shall consult with the appropriate agencies of the Government of Canada in evaluating such impacts particularly with respect to the Porcupine caribou herd.
Oil spills
The Congress finds that—
Canada has discovered commercial quantities of oil and gas in the Amalagak region of the Northwest Territory;
Canada is exploring alternatives for transporting the oil from the Amalagak field to markets in Asia and the Far East;
one of the options the Canadian Government is exploring involves transshipment of oil from the Amalagak field across the Beaufort Sea to tankers which would transport the oil overseas;
the tankers would traverse the American Exclusive Economic Zone through the Beaufort Sea into the Chuckchi Sea and then through the Bering Straits;
the Beaufort and Chuckchi Seas are vital to Alaska’s Native people, providing them with subsistence in the form of walrus, seals, fish, and whales;
the Secretary of the Interior has conducted Outer Continental Shelf lease sales in the Beaufort and Chuckchi Seas and oil and gas exploration is ongoing;
an oil spill in the Arctic Ocean, if not properly contained and cleaned up, could have significant impacts on the indigenous people of Alaska’s North Slope and on the Arctic environment; and
there are no international contingency plans involving our two governments concerning containment and cleanup of an oil spill in the Arctic Ocean.
The Secretary of the Interior, in consultation with the Governor of Alaska, shall conduct a study of the issues of recovery of damages, contingency plans, and coordinated actions in the event of an oil spill in the Arctic Ocean.
The Secretary shall, no later than , transmit a report to the Congress on the findings and conclusions reached as the result of the study carried out under this subsection.
Treaty negotiations
The Congress calls upon the Secretary of State, in consultation with the Secretary of the Interior, the Secretary of Transportation, and the Governor of Alaska, to begin negotiations with the Foreign Minister of Canada regarding a treaty dealing with the complex issues of recovery of damages, contingency plans, and coordinated actions in the event of an oil spill in the Arctic Ocean.
Report to Congress
The Secretary of State shall report to the Congress on the Secretary’s efforts pursuant to this section no later than .
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Alaska National Interest Lands Conservation Act
Pub. L. 96–487 title X § 1005 · 94 Stat. 2371
Enacted · 16 U.S.C. § 3145
Pub. L. 96–487, title X, § 1005, Dec. 2, 1980, 94 Stat. 2453
Source evidence
Code source credit
Pub. L. 96–487, title X, § 1005, Dec. 2, 1980, 94 Stat. 2453Enacted provision · exact public law section
Sec. 1005. wildlife resources portion of study The Secretary shall work closely with the State of Alaska 16 USC 3145. and Native Village and Regional Corporations in evaluating the impact of oil and gas exploration, development, production, and transportation and other human activities on the wildlife resources of these lands, including impacts on the Arctic and Porcupine caribou herds, polar bear, muskox, grizzly bear, wolf, wolverine, seabirds, shore birds, and migratory waterfowl. In addition the Secretary shall Consultation with Canadian Government. consult with the appropriate agencies of the Government of Canada in evaluating such impacts particularly with respect to the Porcupine caribou herd.Trans-Alaska Pipeline System Reform Act of 1990
Pub. L. 101–380 title VIII § 8302 · 104 Stat. 484
Inserted · 16 U.S.C. § 3145
Pub. L. 101–380 inserted “and impact of potential oil spills in Arctic Ocean” in section catchline
Amended · 16 U.S.C. § 3145
Pub. L. 101–380 designated existing text as subsec. (a)
Added · 16 U.S.C. § 3145
Pub. L. 101–380 added subsecs. (b) to (d)
Source evidence
Code amendment note
Pub. L. 101–380 inserted “and impact of potential oil spills in Arctic Ocean” in section catchline, designated existing text as subsec. (a), and added subsecs. (b) to (d).Enacted provision · exact public law section
SEC. 8302. IMPACT OF POTENTIAL SPILLS IN THE ARCTIC OCEAN ON ALASKA NATIVES. Section 1005 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3145) is amended— (1) by amending the heading to read as follows: (2) by inserting “(a)” after “Sec.1005.”; and (3) by adding at the end the following: “(b) (1) The Congress finds that— “(A) Canada has discovered commercial quantities of oil and gas in the Amalagak region of the Northwest Territory; “(B) Canada is exploring alternatives for transporting the oil from the Amalagak field to markets in Asia and the Far East; “(C) one of the options the Canadian Government is exploring involves transshipment of oil from the Amalagak field across the Beaufort Sea to tankers which would transport the oil overseas; “(D) the tankers would traverse the American Exclusive Economic Zone through the Beaufort Sea into the Chuckchi Sea and then through the Bering Straits; “(E) the Beaufort and Chuckchi Seas are vital to Alaska’s Native people, providing them with subsistence in the form of walrus, seals, fish, and whales; “(F) the Secretary of the Interior has conducted Outer Continental Shelf lease sales in the Beaufort and Chuckchi Seas and oil and gas exploration is ongoing; “(G) an oil spill in the Arctic Ocean, if not properly contained and cleaned up, could have significant impacts on the indigenous people of Alaska’s North Slope and on the Arctic environment; and “(H) there are no international contingency plans involving our two governments concerning containment and cleanup of an oil spill in the Arctic Ocean. “(2) (A) The Secretary of the Interior, in consultation with the Governor of Alaska, shall conduct a study of the issues of recovery of damages, contingency plans, and coordinated actions in the event of an oil spill in the Arctic Ocean. “(B) The Secretary shall, no later than January 31, 1991, transmit Reports. a report to the Congress on the findings and conclusions reached as the result of the study carried out under this subsection. “(c) The Congress calls upon the Secretary of State, in consultation Canada. International agreements. with the Secretary of the Interior, the Secretary of Transportation, and the Governor of Alaska, to begin negotiations with the Foreign Minister of Canada regarding a treaty dealing with the complex issues of recovery of damages, contingency plans, and coordinated actions in the event of an oil spill in the Arctic Ocean. “(d) The Secretary of State shall report to the Congress on the Reports. Secretary’s efforts pursuant to this section no later than June 1, 1991.”.Effective date note
Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
4 of 4 references resolved to an enrolled provision
Editorial Notes
Amendments
1990—Pub. L. 101–380 inserted “and impact of potential oil spills in Arctic Ocean” in section catchline, designated existing text as subsec. (a), and added subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–380 applicable to incidents occurring after , see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
Study on Barren-Ground Caribou
Pub. L. 96–487, title III, § 306, , 94 Stat. 2396, provided:
“(a) The Congress finds that the barren-ground caribou are a migratory species deserving of careful study and special protection, and that the Western Arctic and the Porcupine herds of such caribou are of national and international significance.
“(b) The Secretary of the Interior shall conduct, and the Governor of Alaska is urged to cooperate with the Secretary in conducting, an ecological study of the barren-ground caribou herds north of the Yukon River and the herds that have been known to migrate between the United States and Canada, including, but not limited to, a determination of the seasonal migration patterns, reproduction and mortality rates, composition and age structure, behavioral characteristics, habitats (including but not limited to calving, feeding, summering and wintering areas, and key migration routes) that are critical to their natural stability and productivity and the effects on the herds of development by man, predation, and disease. In conducting this study the Secretary shall review the experience of other Arctic circumpolar countries with caribou and is authorized to enter into such contracts as he deems necessary to carry out portions or all of this study.”
Credits
1980–1990 · 2 acts
- 1980Pub. L. 96–487, title X, § 1005, , 94 Stat. 2453
- 1990Pub. L. 101–380, title VIII, § 8302, , 104 Stat. 572.
Show as published
(Pub. L. 96–487, title X, § 1005, , 94 Stat. 2453; Pub. L. 101–380, title VIII, § 8302, , 104 Stat. 572.)