Sec. 5. Judicial and administrative review
828 words·~4 min read·
/bill/119/hr/3061/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If the Secretary of the Interior fails to hold a lease sale required under section 3 within 10 days of the date required by that section, a potential responsible bidder may bring a civil action consistent with section 23(c)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1349(c)(2) ) to require the Secretary to hold the lease sale in accordance with section 3 of this Act and the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), notwithstanding the requirements of section 18 of that Act ( 43 U.S.C. 1344 ).
If the court finds that the Secretary failed to hold a lease sale as described in subsection (a), the court shall enter an order requiring the Secretary to hold the lease sale not later than 120 days after the date required under section 3 for such lease sale and may appoint a special master under subsection
(d)to ensure compliance with such order. If the Secretary fails to comply with an order entered under this subsection, the court shall impose fines beginning 30 days after the date on which the Secretary fails to hold a lease sale required under section 3, unless the Secretary demonstrates to the satisfaction of the court that the failure of the Secretary to comply with the order resulted from circumstances beyond the control of the Secretary. If under subparagraph
(A)the Secretary demonstrates to the satisfaction of the court that the failure of the Secretary to comply with an order entered under this subsection resulted from circumstances beyond the control of the Secretary, the court may extend the date in the order requiring the Secretary to hold the lease sale that is the subject of the order by 30 days. If the Secretary fails to hold a lease sale described in subparagraph
(B)within the period described in that subparagraph, the court shall impose fines beginning on the day after the date on which that period ends and appoint a special master in accordance with subsection (d). Any action under this section shall be filed not later than 30 days after the date by which the lease sale was required to be held under section 3. Upon finding under subsection (b)(1) that the Secretary has failed to hold a lease sale required under section 3, the court may appoint a special master to monitor compliance with the order entered by the court under that subsection. A special master appointed under paragraph
(1)shall have all the powers and duties necessary to monitor the actions necessary for the Secretary to hold the lease sale described in paragraph (1), including— monitoring the advertising and promotion of the lease sale; the publication of notices in the Federal Register for the lease sale; and the issuance of leases to bidders that submit acceptable bids. The court, the Secretary, and the special master, as applicable, shall ensure that a lease sale that is the subject of an action brought under subsection
(a)is held not later than 120 days after the original sale date. The costs associated with monitoring a lease sale by a special master appointed under subsection
(d)shall be paid out of funds appropriated or otherwise made available to the Office of the Secretary of the Interior. The Secretary shall allocate funds sufficient to cover the costs of any special master appointed under subsection (d). A civil action challenging an activity under section 3 shall not— affect the validity of any lease issued under such a lease sale; or cause a delay with respect to the processing or issuance of any such lease or any associated— exploration plan; development plan; development and operations coordination document; application for permit to drill; or application for any other Federal authorization for an activity carried out within the area of such a lease. If, in a civil action challenging a lease sale held under section 3, a court finds that the lease sale was not carried out in compliance with section 3, the court— shall remand the matter to the Secretary or other appropriate officer to correct the noncompliance; and shall not— set aside, vacate, or enjoin the lease sale or any lease issued pursuant to the lease sale; or enjoin the Secretary from issuing leases pursuant to the challenged lease sale. Any civil action described in this subsection shall be subject to judicial review only consistent with section 23(c)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1349(c)(2) ). A party seeking injunctive relief to delay or prevent a lease sale held under section 3 or to delay or prevent the issuance of a lease by the Secretary following such a lease sale, shall provide security pursuant to Federal Rule of Civil Procedure 65(c), or pursuant to Federal Rule of Appellate Procedure 8(a)(2)(E), as applicable. Section 4 shall be subject to judicial review only consistent with section 23(c)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1349(c)(2) ).
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources