II 110th CONGRESS 2d Session S. 2568 IN THE SENATE OF THE UNITED STATES January 29, 2008 Mr. Kerry introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Outer Continental Shelf Lands Act to prohibit preleasing, leasing, and related activities in the Chukchi and Beaufort Sea Planning Areas unless certain conditions are met.

1.

Prohibition on leasing in Chukchi and Beaufort Sea Planning Areas

Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: (q)

Prohibition on leasing in Chukchi and Beaufort Sea Planning Areas

The Secretary shall not offer for leasing, preleasing, or any related activity (including approving any seismic activity, offering any new lease, or approving an exploration or development plan) within any area of the Chukchi or Beaufort Sea Planning Area until— (1)the Secretary enters into an agreement with the National Research Council— (A)to identify missing information on the composition, distribution, status, and ecology of the living marine resources in the Chukchi and Beaufort Sea marine and coastal ecosystems that— (i)focuses on the changes likely to be caused by climate change; and (ii)supports the establishment of baseline information and the determination of the potential impacts of all oil- and gas-related activities on plant and animal species, marine and coastal environments, and subsistence activities; (B)to review the adequacy of ongoing and completed environmental, public health, and cultural studies (including ongoing and completed studies conducted by the Alaska environmental studies program of the Minerals Management Service) in providing information described in subparagraph (A); and (C)to submit to Congress a report that— (i)identifies missing information; (ii)evaluates the adequacy of ongoing and completed studies; and (iii)makes recommendations on any additional studies or research that are required; (2)(A)the polar bear is listed as an endangered species or a threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and critical habitat is designated for the species; or (B)the Secretary publishes a determination that such a listing is not warranted; (3)the Secretary determines that deployable mechanical oil spill response technologies exist that are documented to be effective in recovery of at least 85 percent of the oil spilled into marine and coastal environments under the environmental conditions that exist in the Chukchi and Beaufort Sea Planning Areas; and (4)the Secretary determines that— (A)oil and gas exploration and development activities can be conducted in the Chukchi and Beaufort Sea Planning Areas without posing a risk of substantial adverse impact to wildlife or wildlife habitat and subsistence; and (B)any mitigation measures necessary to avoid such risks are identified and the efficacy of the measures established. .