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Senator BUMPERS. We have thanks to your very kind cooperation.

We appreciate very much all of you being here. And as I say, those of you who didn't complete your statements, your statements will be inserted in the record. We appreciate, Ms. Moya and Ms. Tapia, gentlemen, your feelings and testimony about this, all of which is very persuasive. We thank all of you for coming some of you long distances-to be with us this morning.

This is not a witness-for-witness hearing. It is an immensely complex issue, which I am sure parties on both sides fully comprehend and understand. We thank you again for being here.

We will stand in recess until the Chairman next calls us. [Whereupon, at 12:47 p.m., the hearing recessed, subject to the call of the Chair.]

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Thank you for your letter of October 14, 1987, submitting further questions relative to testimony at the Full Committee hearing on October 13, 1987, on the Arctic National Wildlife Refuge provided by Assistant Secretary William P. Horn. Your additional questions and our responses are included in the order you presented.

In several instances, you requested that we make legislative recommendations on issues affecting ANWR. You should note that the recommendations made in our responses represent the current thinking of the Department of the Interior and have not gone through the Administration wide clearance process.

If we can be of further assistance, please let us know.

Sincerely,

4. Stephen Britt

Assistant to the Secretary for
Congressional and Legislative Affairs

Enclosures

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Thank you for your testimony at the Full Committee hearing on October 13, 1987. I have enclosed several questions to be answered in writing for inclusion in the hearing record. submit your responses to these questions to us by Monday, October 26, 1987.

Please

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Singerely,

Bennett hairman

Johnston

ADDITIONAL QUESTIONS FOR ASST. SECRETARY HORN

1.

Your testimony refers to the 29 mitigation measures contained in the 1002 report.

2.

a. The 29 mitigation measures contained in the 1002 report are a summary. Please provide the detailed mitigation

measures that would be proposed.

b. Would the Department propose to abide by those mitigation measures in any ANWR leasing program?

Your testimony says,

a.

"We would propose site-specific, detailed stipulations for the various oil and gas related activities in accordance with these principles during the NEPA process for the leasing activity in question."

What do you mean by that statement? Please explain in detail.

b. Have you developed such detailed stipulations?
please provide them.

If so,

3. Please provide a detailed comparison of the mitigation measures proposed in the 1002 report and the stipulations included in the KIC lease.

4. In the absence of a new provision in the ANWR legislation, what statute would govern liability for oil spills during exploration, development, or production? Does the Department believe the statutory requirements provide adequate protection in the case of an oil spill or would you suggest that additional statutory requirements be imposed?

5. You suggested that the Department be given new statutory authority for leasing pipeline rights-of-way across the 1002

area.

6.

a. Would the provisions of FLPMA (43 J.S.C. 1761, 1763) pertaining to rights-of-way and utility corridors govern in the absence of new statutory provisions?

b.

What amendments to those provisions, or other statutory authority, would you suggest be included?

What type of provision does the Department support, as a limitation on judicial review of the Final LEIS as the

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programmatic EIS for the leasing program? Please provide specific statutory language.

7. Does the Department support any other provisions limiting judicial review of the Secretary's decisions in subsequent steps of the ANWR process leasing, exploration, and production?

8.

-

Please provide the statutory language for amendments to

S. 1217 covered in your testimony, and any other amendments the Department supports.

9. Your statement says,

10.

the

"... we propose to comply with NEPA for each subsequent step of the process leasing, exploration, and production."

a. Based upon your understanding of the NEPA requirements, what does that mean?

b. At which specific stages in the process would you intend to prepare an environmental assessment?

c.

At which specific stages in the process would you intend to prepare a full-fledged EIS?

d.

Would the EIS process require you to consider the option of not issuing leases for a specific area?

e. When would public hearings be held?

f. How long would the process take at each stage?

g.

At which specific stages in the process would the Secretary's decision to proceed, or not to proceed, be subject to judicial review?

h. Please provide the Committee with a copy of the relevant administrative quidelines governing the NEPA process.

Please provide the Committee with a detailed explanation of "404" permit and consultation process.

a. What is the statutory basis for the process?

b. What administrative requirements govern the proces?

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