[Congressional Record Volume 155, Number 35 (Friday, February 27, 2009)]
[Senate]
[Pages S2592-S2595]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. MURKOWSKI (for herself and Mr. Begich):
  S. 503. A bill to authorize the exploration, leasing, development, 
and production of oil and gas in and from the western portion of the 
Coastal Plain of the State of Alaska without surface occupancy, and for 
other purposes; to the Committee on Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, I rise today to introduce legislation 
that I believe represents a true compromise to end a three-decade 
dispute over oil development in northern Alaska. Today, I am 
introducing legislation that would permit oil and gas to be siphoned 
from underneath the Coastal Plain of the Arctic National Wildlife 
Refuge in northern Alaska but without there being any permanent roads, 
wells, buildings, pipelines, or structures erected that may interrupt 
the beauty of the Coastal Plain.
  Today, I am happy to announce that I am being joined by my colleague 
from Alaska, Senator Begich, in introducing the No Surface Occupancy 
Western Arctic Coastal Plain Domestic Energy Security Act.
  For 29 years since passage of the Alaska National Interest Lands 
Conservation Act in 1980, there has been a controversy that has raged 
over whether oil and natural gas development should occur from within 
this 1.5 million acres of the Arctic Coastal Plain. This is located 
right inside the Arctic National Wildlife Refuge in northern Alaska. 
According to the USGS, the area has a mean chance of containing 10.36 
billion barrels of oil and 8.6 trillion cubic feet of natural gas and a 
high chance of producing 16 billion barrels. This is the largest likely 
undiscovered onshore conventional oil deposit in North America.
  Over the years, environmentalists have argued that this area cannot 
be developed without causing disturbance and perhaps environmental 
damage to the surface of the Coastal Plain which could harm the Arctic 
porcupine caribou herd that roam in the area and also harm the bird 
life that utilizes the Refuge during the brief Arctic summer.
  Over the years, this argument and controversy has been fought with 
near religious intensity. But now what we have is a technology that has 
been developed that offers a compromise solution that may allow much of 
the area's energy to be produced without surface damage or disturbance 
when wildlife is in the area. The solution is to permit oil and gas 
development to occur without any surface occupancy, meaning without 
construction of any structures above the ground within the area of the 
Coastal Plain protected by section 1002 of ANILCA. This is possible 
since the extended-reach directional drilling technology now permits 
oil wells to be drilled on the western Alaska State-owned lands, 
outside of the Refuge's boundary, or from the State waters up to the 
north, and still be able to tap oil and gas deposits located between 8 
to 10 miles inside the Refuge.
  Some have suggested this is incredible. How can you place a well and 
be

[[Page S2593]]

able to drill directionally or tap into resources directionally a 
length of perhaps 8 miles? Proof for this concept comes from British 
Petroleum's efforts just last season in the 2008 to 2009 drilling 
season to develop Alaska's North Slope Liberty oilfield. They are using 
the directional drilling technology that will allow them to tap 
reserves up to 48,000 feet from the well pad.
  What we are talking about here is placement of a drill and then going 
directionally out in all areas in a length or a distance of up to 8, 
possibly 10, miles in all directions. It is like an invisible straw 
that would essentially be able to siphon the oil from under the Coastal 
Plain area and provide for the resource we need without surface 
disruption. According to estimates last year by the U.S. Department of 
Interior's BLM, up to 1.23 billion barrels of oil and 7 trillion cubic 
feet of natural gas may be accessible initially using this directional 
drilling technology.
  This proposal will require that three-dimensional seismic and other 
tests be conducted within the Coastal Plain to pinpoint exactly where 
we want to drill for the location of the hydrocarbons. But these can be 
conducted in the wintertime from ice roads when we do not have any 
wildlife in the area.
  Eventually, more of the oil and gas from the Coastal Plain may be 
accessible either as the directional drilling technology improves and 
expands its reach or as other subsurface oil development technology is 
developed.
  Regardless, if there are no pipelines, if there are no wells, no 
physical structures that are permitted on the surface of the land, 
there can be no impact on the wildlife and no degradation to the 
wilderness characteristics to the Coastal Plain for visitors. 
Meanwhile, oil to help improve the Nation's supplies and to lower 
prices can start to be produced quickly since the infrastructure over 
in Prudhoe Bay already extends to nearly the border of the Refuge.
  Finding more oil in America is vital to prevent oil prices from again 
spiking as the global economy recovers and energy demand increases. Not 
one of us can forget the pain of just last summer when world prices of 
$147 per barrel for crude oil triggered prices of $4 to $5 a gallon at 
our filling stations. Without more domestic oil being developed, prices 
can again be expected to skyrocket, especially if OPEC is successful in 
current efforts to reduce the world's oil supplies.
  There may be some who question whether there is precedent to do 
something as we are suggesting today. There is clearly precedent. 
Congress, back in 2007, approved a Wyoming wilderness lands bill. This 
was the Wyoming Range Legacy Act that permitted subsurface resource 
extraction provided that no surface occupancy occurs.
  Our legislation would guarantee that royalties from any oil and gas 
produced would be split equally between the Federal and State 
treasuries, as is required by current Federal law. It provides for full 
environmental protections and project labor agreements for any 
development that results. The bill further proposes that $15 million a 
year be made available to mitigate any developmental impacts that might 
result and allocates 50 percent of the Federal share of total revenues 
to fund renewable energy.
  Senator Stevens, when he was in the Congress last year, and I had 
introduced legislation to open ANWR. Within that ANWR legislation, it 
was, again, directing a substantial portion of the revenues to enhance 
the buildout of our renewable energy. We are proposing that in this 
legislation as well: 50 percent of the Federal share of the total 
revenues to fund renewable energy, another 25 percent for fish and 
wildlife habitat and conservation programs, and then the balance of 25 
percent would go to the general Treasury.
  The mitigation aid I just mentioned will guarantee that any Alaskan 
community impacted by development, especially residents of the North 
Slope Borough and the village of Kaktovik, will be protected from the 
indirect impacts of increased development activity.
  What we can anticipate from this is a bill that would funnel tens to 
perhaps hundreds of billions of dollars toward construction of 
renewable energy over the life of the prospective oilfields. According 
to a report by the Congressional Research Service, ANWR's opening could 
provide the Federal Treasury with $91.7 billion of revenues--and this 
assumes oil at a price of $60 a barrel--and with $191 billion, assuming 
oil prices of $125 a barrel.
  This all assumes a mean case estimate that 10.3 billion barrels will 
ultimately be produced. Obviously, with the legislation we have, the 
revenues would initially be much less because with the protection for 
the surface disruption we simply cannot extract as much. But as the 
technology improves, certainly we could see that amount increase.
  Given that the Obama administration is seeking at least $15 billion a 
year to fund renewable energy, this measure could go a long way toward 
meeting the administration's goal to pay for green, renewable energy in 
the future. It will certainly provide a massive boost to funding for 
existing fish and game habitat and wildlife conservation programs 
across the Nation.
  This proposal is a clear benefit for America. We gain the oil and 
natural gas that is crucial to provide a bridge until a new era of 
nonfossil fuel, renewable energy can power our lights and move our 
vehicles. But it also guarantees that none of the Arctic porcupine 
caribou herd that migrates across the Coastal Plain between June and 
August will ever see, hear, or feel oil development. The proposal also 
means that none of the migratory birds that nest on the Coastal Plain 
will ever be impacted by oil development. And it means that no hiker or 
wilderness enthusiast who visits the Coastal Plain or floats its river 
in the brief Arctic summer will ever see, hear, or feel oil and gas 
development.
  With the proposal and the environmental safeguards this legislation 
allows the Secretary of the Interior to establish, there is no danger 
that any of the few species that overwinter on the coastal plain will 
be impacted by seismic or other activities, and it protects the 
subsistence resources and activities for Alaskan natives. We clearly 
have the ability to prevent any impacts to the few polar bears that 
sometimes den on the coastal plain or the musk oxen that sometimes 
visit the area in the winter.
  For decades now, Alaskans have been seeking permission to explore and 
to develop oil in the 1002 area. Given the general estimates the USGS 
has indicated, we recognize that it offers this country the best chance 
for a major oil find of any spot onshore in North America, and the 
technology has advanced so that we now have the possibility of 
resolving this dispute to the satisfaction of all sides.
  For years, Mr. President, this debate has raged with an intensity 
that is quite remarkable. I would hope that in this era of change, this 
bill will change the tone of this debate and permit oil and gas 
production to go hand in hand with responsible environmental 
stewardship.
  I thank the Chair for his attention this morning, and I hope that 
Members of this body who have been engaged in the debate on the 
potential opening of ANWR for development would look at this proposal 
with fresh eyes. I hope they will set aside some of the political 
rhetoric this has generated over the past 25-plus years and look at 
this as a meaningful way to help enhance our Nation's energy security, 
while at the same time respecting the land that we have up North.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 503

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``No Surface Occupancy Western 
     Arctic Coastal Plain Domestic Energy Security Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Coastal plain.--The term ``Coastal Plain'' means the 
     area identified as the ``1002 Coastal Plain Area'' on the 
     map.
       (2) Final statement.--The term ``Final Statement'' means 
     the final legislative environmental impact statement on the 
     Coastal Plain, dated April 1987, and prepared pursuant to--
       (A) section 1002 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3142); and
       (B) section 102(2)(C) of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4332(2)(C)).

[[Page S2594]]

       (3) Map.--The term ``map'' means the map entitled ``Arctic 
     National Wildlife Refuge'', dated September 2005, and 
     prepared by the United States Geological Survey.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior (or the designee of the Secretary), acting 
     through the Director of the Bureau of Land Management, in 
     consultation with the Director of the United States Fish and 
     Wildlife Service and in coordination with a State coordinator 
     appointed by the Governor of the State of Alaska.
       (5) Western coastal plain.--The term ``Western Coastal 
     Plain'' means that area of the Coastal Plain--
       (A) that borders the land of the State of Alaska to the 
     west and State of Alaska offshore waters of the Beaufort Sea 
     on the north; and
       (B) from which the Secretary, in the sole discretion of the 
     Secretary, finds 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 Plain.

     SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE WESTERN COASTAL 
                   PLAIN.

       (a) In General.--
       (1) Authorization.--There is authorized the exploration, 
     leasing, development, and production of oil and gas from the 
     Western Coastal Plain.
       (2) Actions.--The Secretary shall take such actions as are 
     necessary--
       (A) to establish and implement, in accordance with this 
     Act, a competitive oil and gas leasing program that will 
     result in an environmentally sound program for the 
     exploration, development, and production of the oil and gas 
     resources of the Western Coastal Plain; and
       (B) to administer this Act through regulations, lease 
     terms, conditions, restrictions, prohibitions, stipulations, 
     and other provisions that--
       (i) ensure the oil and gas exploration, development, and 
     production activities on the Western Coastal Plain will 
     result in no significant adverse effect on fish and wildlife, 
     fish and wildlife habitat, subsistence resources, and the 
     environment;
       (ii) prohibit surface occupancy of the Western Coastal 
     Plain during oil and gas development and production; and
       (iii) require the application of the best commercially 
     available technology for oil and gas exploration, 
     development, and production to all exploration, development, 
     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 leased.
       (b) Compliance With Requirements Under Certain Other 
     Laws.--
       (1) Compatibility.--For purposes of the National Wildlife 
     Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
     seq.)--
       (A) the oil and gas 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 established; and
       (B) no further findings or decisions shall be required to 
     implement that program and those activities.
       (2) Adequacy of doi legislative environmental impact 
     statement.--The Final Statement shall be considered to 
     satisfy the requirements of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) that apply with respect 
     to prelease activities, including 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 
     sale.
       (c) Relationship to State and Local Authority.--Nothing in 
     this Act expands or limits any State or local regulatory 
     authority.
       (d) Regulations.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall promulgate such 
     regulations as are necessary to carry out this Act.
       (2) Revision of regulations.--The Secretary shall 
     periodically review and, as appropriate, revise the rules and 
     regulations promulgated under paragraph (1) to reflect any 
     significant biological, environmental, or engineering data 
     that come to the attention of the Secretary.

     SEC. 4. LEASE SALES.

       (a) Qualified Lessees.--
       (1) In general.--Except as provided in paragraph (2), 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 (30 U.S.C. 181 et seq.).
       (2) Exclusion.--Land may not be leased under this Act to 
     any person prohibited from participation in a lease sale 
     under section 1002(e)(2)(C) of the Alaska National Interest 
     Lands Conservation Act (16 U.S.C. 3142(e)(2)(C)).
       (b) Procedures.--The Secretary shall, by regulation, 
     establish procedures for--
       (1) receipt and consideration of sealed nominations for any 
     area in the Western Coastal Plain for inclusion in, or 
     exclusion from, a lease sale;
       (2) the holding of lease sales after the nomination process 
     described in paragraph (1); and
       (3) public notice of, and comment on, designation of areas 
     to be included in, or excluded from, a lease sale.
       (c) Lease Sale Bids.--Bidding for leases under this Act 
     shall be by sealed competitive cash bonus bids.
       (d) Acreage Minimum in First Sale.--For the first lease 
     sale under this Act, the Secretary shall offer for lease 
     those tracts the Secretary considers to have the greatest 
     potential for the discovery of hydrocarbons, taking into 
     consideration nominations received pursuant to subsection 
     (b)(1), but in no case less than 200,000 acres.
       (e) Timing of Lease Sales.--The Secretary shall--
       (1) not later than 18 months after the date of enactment of 
     this Act, conduct the first lease sale under this Act;
       (2) not later than 2 years after the first lease sale, 
     conduct a second lease sale under this Act; and
       (3) conduct additional sales at appropriate intervals if, 
     as determined by the Secretary, sufficient interest in 
     development exists to warrant the conduct of the additional 
     sales.

     SEC. 5. GRANT OF LEASES BY THE SECRETARY.

       (a) In General.--On payment by a lessee of such bonus as 
     may be accepted by the Secretary, the Secretary may grant to 
     the highest responsible qualified bidder in a lease sale 
     conducted pursuant to section 4 a lease for any land on the 
     Western Coastal Plain.
       (b) Subsequent Transfers.--
       (1) In general.--No lease issued under this Act may be 
     sold, exchanged, assigned, sublet, or otherwise transferred 
     except with the approval of the Secretary.
       (2) Condition for approval.--Before granting any approval 
     under paragraph (1), the Secretary shall consult with, and 
     give due consideration to the opinion of, the Attorney 
     General.

     SEC. 6. LEASE TERMS AND CONDITIONS.

       (a) In General.--An oil or gas lease issued pursuant to 
     this Act shall--
       (1) provide for the payment of a royalty of not less than 
     12 \1/2\ percent of the quantity or value of the production 
     removed or sold from the lease, as determined by the 
     Secretary in accordance with regulations applicable to other 
     Federal oil and gas leases;
       (2) provide that the Secretary may close, on a seasonal 
     basis, 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 wildlife;
       (3) 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 lessee;
       (4) provide that the lessee may not delegate or convey, by 
     contract or otherwise, the reclamation responsibility and 
     liability described in paragraph (3) to another person 
     without the express written approval of the Secretary;
       (5) contain terms and conditions relating to protection of 
     fish and wildlife, fish and wildlife habitat, subsistence 
     resources, and the environment as required under section 
     3(a)(2);
       (6) provide that each lessee, and each agent and contractor 
     of a lessee, 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 
     State, as determined by the level of obligation previously 
     agreed to in the Federal Agreement; and
       (7) contain such other provisions as the Secretary 
     determines to be necessary to ensure compliance with this 
     Act, including regulations promulgated under this Act.
       (b) Project Labor Agreements.--The Secretary, as a term and 
     condition of each lease under this Act, 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 (including the special concerns of the parties to 
     those leases), shall require that each lessee, and each agent 
     and contractor of a lessee, under this Act negotiate to 
     obtain a project labor agreement for the employment of 
     laborers and mechanics on production, maintenance, and 
     construction under the lease.

     SEC. 7. EXPEDITED JUDICIAL REVIEW.

       (a) Filing of Complaints.--
       (1) Deadline.--A complaint seeking judicial review of a 
     provision of this Act or an action of the Secretary under 
     this Act shall be filed--
       (A) except as provided in subparagraph (B), during the 90-
     day period beginning on the date on which the action being 
     challenged was carried out; or
       (B) in the case of a complaint based solely on grounds 
     arising after the 90-day period described in subparagraph 
     (A), by not later than 90 days after the date on which the 
     complainant knew or reasonably should have known about the 
     grounds for the complaint.
       (2) Venue.--A complaint seeking judicial review of a 
     provision of this Act or an action of the Secretary under 
     this Act shall be filed in the United States Court of Appeals 
     for the District of Columbia Circuit.
       (3) Scope.--
       (A) In general.--Judicial review of a decision of the 
     Secretary relating to a lease sale under this Act (including 
     an environmental analysis of such a lease sale) shall be--
       (i) limited to a review of whether the decision is in 
     accordance with this Act; and
       (ii) based on the administrative record of the decision.

[[Page S2595]]

       (B) Presumptions.--Any identification by the Secretary of a 
     preferred course of action relating to a lease sale, and any 
     analysis by the Secretary of environmental effects, under 
     this Act shall be presumed to be correct unless proven 
     otherwise by clear and convincing evidence.
       (b) Limitation on Other Review.--Any action of the 
     Secretary that is subject to judicial review under this 
     section shall not be subject to judicial review in any civil 
     or criminal proceeding for enforcement.

     SEC. 8. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE 
                   ASSISTANCE.

       (a) Establishment of Fund.--
       (1) In general.--The Secretary shall establish in the 
     Treasury a fund to be known as the ``Coastal Plain Local 
     Government Impact Aid Assistance Fund'' (referred to in this 
     section as the ``Fund'') to offset any planning, land use-
     related, or service-related impacts of offshore development 
     caused by this Act.
       (2) Deposits.--The Secretary of the Treasury shall deposit 
     into the Fund, $15,000,000 each year from the amount 
     available under section 9(1).
       (b) Assistance.--The Governor of Alaska, in cooperation 
     with the Mayor of the North Slope Borough, shall use amounts 
     in the Fund to provide assistance to the North Slope Borough, 
     Alaska, the City of Kaktovik, Alaska, and any other borough, 
     municipal subdivision, village, or other community in the 
     State of Alaska that is directly impacted by exploration for, 
     or the production of, oil or gas on or near the Coastal Plain 
     under this Act, or any Alaska Native Regional Corporation 
     acting on behalf of the villages and communities within its 
     region whose land lies along the right of way of the Trans 
     Alaska Pipeline System, as determined by the Governor.
       (c) Application.--
       (1) In general.--To receive assistance under subsection 
     (b), a community or Regional Corporation described in that 
     subsection shall submit to the Governor, or to the Mayor of 
     the North Slope Borough, an application in such time, in such 
     manner, and containing such information as the Governor may 
     require.
       (2) Action by north slope borough.--The Mayor of the North 
     Slope Borough shall submit to the Governor each application 
     received under paragraph (1) as soon as practicable after the 
     date on which the application is received.
       (3) Assistance of governor.--The Governor shall assist 
     communities in submitting applications under this subsection 
     to the maximum extent practicable.
       (d) Use of Funds.--A community or Regional Corporation that 
     receives funds under subsection (b) may use the funds--
       (1) to plan for mitigation, implement a mitigation plan, or 
     maintain a mitigation project to address the potential 
     effects of oil and gas exploration and development on 
     environmental, social, cultural, recreational, and 
     subsistence resources of the community;
       (2) to develop, carry out, and maintain--
       (A) a project to provide new or expanded public facilities; 
     or
       (B) services to address the needs and problems associated 
     with the effects described in paragraph (1), including 
     firefighting, police, water and waste treatment, first 
     responder, rescue, and other medical services;
       (3) to compensate residents of the Coastal Plain or nearby 
     waters for significant damage to environmental, social, 
     cultural, recreation, or subsistence resources; and
       (4) in the City of Kaktovik, Alaska--
       (A) to develop a mechanism for providing members of the 
     Kaktovikmiut Inupiat community an opportunity--
       (i) to monitor development in or near the Coastal Plain; 
     and
       (ii) to provide information and recommendations based on 
     traditional knowledge; and
       (B) to establish a local coordination office, to be managed 
     by the Mayor of the North Slope Borough, in coordination with 
     the City of Kaktovik, Alaska--
       (i) to coordinate with and advise developers on local 
     conditions and the history of areas affected by development;
       (ii) to collect from residents of the Coastal Plain 
     information regarding the impacts of development on fish, 
     wildlife, whales, other marine mammals, habitats, subsistence 
     resources, and the environment of the Coastal Plain; and
       (iii) to ensure that the information collected under clause 
     (ii) is submitted to any appropriate Federal agency.

     SEC. 9. ALLOCATION OF REVENUES.

       (a) In General.--Notwithstanding any other provision of 
     law, of the amount of adjusted bonus, rental, and royalty 
     revenues from Federal oil and gas leasing and operations 
     authorized under this Act--
       (1) 50 percent shall be paid semiannually to the State of 
     Alaska; and
       (2) 50 percent shall be allocated in accordance with 
     subsection (b).
       (b) Allocation of Federal Funds.--Any amounts made 
     available under subsection (a)(2), plus an appropriated 
     amount equal to the amount of Federal income tax attributable 
     to sales of oil and gas produced from operations described in 
     subsection (a), shall be deposited in an account in the 
     Treasury which shall be available, without further 
     appropriation or fiscal year limitation, each fiscal year as 
     follows:
       (1) $15,000,000 shall be deposited by the Secretary of the 
     Treasury into the Fund created under section 8(a)(1).
       (2) The remainder shall be available as follows:
       (A) 50 percent shall be available to the Department of 
     Energy to carry out alternative energy programs established 
     under the Energy Policy Act of 2005 (42 U.S.C. 15801 et 
     seq.), the Energy Independence and Security Act of 2007 (42 
     U.S.C. 17001 et seq.), or an amendment made by either of 
     those Acts, as determined by the Secretary of Energy.
       (B) 25 percent shall be available to the Department of the 
     Interior for award to wildlife habitat and fish and game 
     programs authorized by the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-
     Johnson Sport Fish Restoration Act) (commonly known as the 
     ``Wallop-Breaux Act'') (16 U.S.C. 777 et seq.).
       (C) 25 percent shall remain in the general fund of the 
     Treasury.

                          ____________________