Sec. 80121. Coastal plain oil and gas leasing

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In this section: The term Coastal Plain has the meaning given the term in section 20001(a) of Public Law 115–97 ( 16 U.S.C. 3143 note). The term oil and gas program means the oil and gas program established under section 20001(b)(2) of Public Law 115–97 ( 16 U.S.C. 3143 note). The term Secretary means the Secretary of the Interior. Not later than 30 days after the date of enactment of this Act, the Secretary shall— withdraw— the supplemental environmental impact statement described in the notice of availability of the Bureau of Land Management entitled Notice of Availability of the Final Coastal Plain Oil and Gas Leasing Program Supplemental Environmental Impact Statement, Alaska (89 Fed. Reg. 88805 (November 8, 2024)); and the record of decision described in the notice of availability of the Bureau of Land Management entitled Notice of Availability of the Record of Decision for the Final Supplemental Environmental Impact Statement for the Coastal Plain Oil and Gas Leasing Program, Alaska (89 Fed. Reg. 101042 (December 13, 2024)); and reinstate— the environmental impact statement described in the notice of availability of the Bureau of Land Management entitled Notice of Availability of the Final Environmental Impact Statement for the Coastal Plain Oil and Gas Leasing Program, Alaska (84 Fed. Reg. 50472 (September 25, 2019)); and the record of decision described in the notice of availability of the Bureau of Land Management entitled Notice of Availability of the Record of Decision for the Final Environmental Impact Statement for the Coastal Plain Oil and Gas Leasing Program, Alaska (85 Fed. Reg. 51754 (August 21, 2020)).

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 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 under section 20001(c)(1)(A) of Public Law 115–97 ( 16 U.S.C. 3143 note); and provide the appropriate lease form to each successful 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 successful bidder, the Secretary shall promptly issue to the successful 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 described in subsection (b)(2)(B). Leases reissued pursuant to this subsection shall include the terms and conditions from the record of decision described in the notice of availability of the Bureau of Land Management entitled Notice of Availability of the Record of Decision for the Final Environmental Impact Statement for the Coastal Plain Oil and Gas Leasing Program, Alaska (85 Fed. Reg. 51754 (August 21, 2020)). This subsection shall not apply to any bid for which a lease was issued and subsequently relinquished by the successful bidder prior to the date of enactment of this Act. Subject to paragraph (2), in addition to the lease sales required under section 20001(c)(1)(A) of Public Law 115–97 ( 16 U.S.C. 3143 note), the Secretary shall conduct not fewer than 4 lease sales area-wide under the oil and gas program by not later than 10 years after the date of the enactment of this Act. The Secretary shall offer— an initial lease sale under paragraph

(1)not later than 1 year after the date of the enactment of this Act; a second lease sale under paragraph

(1)not later than 3 years after the date of the enactment of this Act; a third lease sale under paragraph

(1)not later than 5 years after the date of the enactment of this Act; a fourth lease sale under paragraph

(1)not later than 7 years after the date of the enactment of this Act; and not fewer than 400,000 acres area-wide in each lease sale, including those areas that have the highest potential for the discovery of hydrocarbons; or the total number of unleased acres subject to the provisions of this section if that total number of available acres is less than 400,000 acres. The record of decision described in subsection (b)(2)(B) shall be considered to satisfy the requirements of— the Alaska National Interest Lands Conservation Act; the National Environmental Policy Act of 1969; Public Law 115–97; the Endangered Species Act of 1973; subchapter II of chapter 5 of title 5, United States Code, and chapter 7 of title 5, United States Code; and the Marine Mammal Protection Act of 1972. Leases shall be reissued or issued under subsections

(c)and (d)— not later than 60 days after payment by the successful bidder of the remainder of the bonus bid, if any, and the annual rental for the first lease year; in accordance with the applicable regulations, as in effect on January 6, 2021; and in accordance with the terms and conditions from the record of decision described in the notice of availability of the Bureau of Land Management entitled Notice of Availability of the Record of Decision for the Final Environmental Impact Statement for the Coastal Plain Oil and Gas Leasing Program, Alaska (85 Fed. Reg. 51754 (August 21, 2020)). Not later than 30 days after the date on which the Secretary receives a complete application pursuant to section 3152.1 of title 43, Code of Federal Regulations (or any successor regulations), to conduct oil and gas geophysical exploration operations in the Coastal Plain, the Secretary shall approve such application. Notwithstanding section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 ) and section 20001(b)(5) of Public Law 115–97 ( 16 U.S.C. 668dd note), of the amount of adjusted bonus, rental, and royalty receipts derived from the oil and gas program and operations on the Coastal Plain pursuant to this section— for fiscal years 2025 through 2034, 50 percent shall be paid to the State of Alaska; and for fiscal year 2035 and thereafter, 90 percent shall be paid to the State of Alaska; and the balance shall be deposited into the Treasury as miscellaneous receipts. 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, or a State or municipal government administrative agency to— reissue a lease pursuant to subsection

(c)or issue a lease under a lease sale conducted under subsection (d); or grant or issue a right-of-way, easement, authorization, permit, verification, biological opinion, incidental take statement, or other approval for a lease reissued pursuant to subsection

(c)or issued under a lease sale conducted under subsection (d), whether reissued or issued prior to, on, or after the date of the 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. A leaseholder or the State of Alaska may obtain a review of an alleged failure by the Secretary to act in accordance with this section or with any law pertaining to granting or issuing a lease, right-of-way, easement, authorization, permit, verification, biological opinion, incidental take statement, or other approval related to a lease under this section by filing a written petition with a court of competent jurisdiction seeking an order. If a court of competent jurisdiction finds pursuant to subparagraph

(A)that an agency has failed to act in accordance with this section or with any law pertaining to granting or issuing a lease, right-of-way, easement, authorization, permit, verification, biological opinion, incidental take statement, or other approval related to a lease under this section, 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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