Sec. 5. Coastal Plain oil and gas leasing program
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Not later than 30 days after the date of enactment of this Act, the Secretary shall, without modification or delay— accept the highest valid bid for each covered Coastal Plain lease tract for which a valid bid was received on January 6, 2021, pursuant to the requirement to hold the first lease sale in the Coastal Plain oil and gas leasing program; and provide the appropriate lease form to each winning bidder under subparagraph
(A)to execute and return to the Secretary. On receipt of an executed lease form under paragraph (1)(B) and payment in accordance with that lease of the rental for the first year, the balance of the bonus bid (unless deferred), and any required bond or security from the high bidder, the Secretary shall promptly issue to the high bidder a fully executed lease, in accordance with— the applicable regulations, as in effect on January 6, 2021; and the terms and conditions of the Record of Decision. Not later than December 22, 2024, the Secretary shall conduct the second lease sale required by section 20001(c)(1)(B)(ii)(II) of Public Law 115–97 ( 16 U.S.C. 3143 note) in accordance with the Record of Decision. Notwithstanding any other provision of law, the President and the Secretary may not cancel a lease issued under the Coastal Plain oil and gas leasing program if the Secretary has previously opened bids for such a lease or disclosed the high bidder for any tract that was included in a lease sale under the Coastal Plain oil and gas leasing program unless the lessee is in violation of the terms of the lease and fails to cure the violation after a reasonable period of time. Notwithstanding any other provision of law and with respect to reissuing leases under subsection (a), the Record of Decision shall be considered to satisfy the requirements of— section 1002 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142 ); section 102(2)(c) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(c)); section 20001 of Public Law 115–97 ( 16 U.S.C. 3143 note); the Endangered Species Act of 1973 ( Public Law 93–205 ; 16 U.S.C. 1533 ); and subchapter II of chapter 5 of title 5, United States Code, and chapter 7 of title 5, United States Code. The Director of the Bureau of Land Management— shall withdraw the notice of availability entitled Notice of Availability of the Draft Coastal Plain Oil and Gas Leasing Program Supplemental Environmental Impact Statement (88 Fed. Reg. 62104 (September 8, 2023)); and may not take any action to finalize, implement, or enforce the supplemental environmental impact statement described in paragraph (1). Notwithstanding any other provision of law and except as provided in paragraph (2), no court shall have jurisdiction to review any action taken by the Secretary, the Administrator of the Environmental Protection Agency, a State administrative agency, an Indian Tribe, or any other Federal agency acting pursuant to Federal law that grants an authorization, permit, verification, biological opinion, incidental take statement, or other approval described in section 4(b) for the Coastal Plain Oil and Gas Leasing Program, whether issued prior to, on, or after the date of enactment of this Act, and including any lawsuit or any other action pending in a court as of the date of enactment of this Act. The United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over any claim regarding— the validity of this section; or the scope of authority conferred by this section. Notwithstanding paragraph (1), a lease holder may obtain a review of an alleged failure by an agency to act in accordance with section 20001 of Public Law 115–97 ( 16 U.S.C. 3143 note) or with any law pertaining to the grant of an authorization, permit, verification, biological opinion, incidental take statement, or other approval related to the lease holder’s lease by filing a written petition with a court of competent jurisdiction seeking an order under subparagraph (B). If a court of competent jurisdiction finds that an agency has failed to act in accordance with section 20001 of Public Law 115–97 ( 16 U.S.C. 3143 note) or with any law pertaining to the grant of an authorization, permit, verification, biological opinion, incidental take statement, or other approval related to the lease holder’s lease, the court shall set a schedule and deadline for the agency to act as soon as practicable, which shall not exceed 90 days from the date on which the order of the court is issued, unless the court determines a longer time period is necessary to comply with applicable law.
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public-private-law
U.S. Code
- Production of oil and gas from Arctic National Wildlife Refuge prohibited§ 3143
- Arctic National Wildlife Refuge coastal plain resource assessment§ 3142
- Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts§ 4332
- Determination of endangered species and threatened species§ 1533
2 references not yet in our index
- Pub. L. 93-205
- 88 FR 62104
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cites case law
Sec. 5
Coastal Plain oil and gas leasing program
Pub. L.Pub. L. 93-205
Fed. Reg.88 FR 62104
Cites 7Cited by 0 across 0 sources