Alaskan Energy Production and Fisheries Protection Act
This bill provides for oil and gas leases in the Arctic National Wildlife Refuge (ANWR).
Specifically, the bill nullifies any order or action by the President or the Department of the Interior that places a moratorium on, suspends, or otherwise pauses leasing in ANWR's 1002 Area. It also ratifies and approves all authorizations and permits issued for the establishment and administration of the Coastal Plain Oil and Gas Leasing Program. The Environmental Protection Agency and other applicable federal departments and agencies must process, reinstate, or continue to maintain such authorizations and permits.
Within 30 days of the bill's enactment, Interior must accept bids for certain ANWR leases that were canceled and reissue the leases. The bill states that the reissued leases must be considered to meet the requirements of specified existing laws, such as the Endangered Species Act of 1973.
By December 22, 2024, Interior must also conduct a second lease sale. Further, the bill limits the authority of the President and Interior to cancel future leases issued under the program.
The bill also directs the Bureau of Land Management to withdraw its (1) Notice of Availability of the Draft Coastal Plain Oil and Gas Leasing Program Supplemental Environmental Impact Statement, and (2) proposed rule titled Management and Protection of the National Petroleum Reserve in Alaska. It also nullifies portions of Executive Order 13990 and Secretarial Order 3401.
Finally, the bill limits judicial review of approvals of leases under the program.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8214 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8214
To ratify and approve all authorizations, permits, verifications,
extensions, biological opinions, incidental take statements, and any
other approvals or orders issued pursuant to Federal law necessary for
the establishment and administration of the Coastal Plain oil and gas
leasing program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2024
Mrs. Peltola introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To ratify and approve all authorizations, permits, verifications,
extensions, biological opinions, incidental take statements, and any
other approvals or orders issued pursuant to Federal law necessary for
the establishment and administration of the Coastal Plain oil and gas
leasing program, and for other purposes.
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 ``Alaskan Energy Production and
Fisheries Protection Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds that--
(1) Congress provided clear authorization and direction
that the Secretary of the Interior ``shall establish and
administer a competitive oil and gas program for the leasing,
development, production, and transportation of oil and gas in
and from the Coastal Plain'' in section 20001 of Public Law
115-97 (16 U.S.C. 3143 note) (commonly known as the Tax Cuts
and Jobs Act);
(2) the timely administration of the Coastal Plain Oil and
Gas Leasing Program is required and in the national and public
interest;
(3) the Department of the Interior's cancelling of the
leases for the covered Coastal Plain lease tracts represents a
major decision of economic and political significance that
Congress did not delegate to the Secretary;
(4) the Naval Petroleum Reserves Production Act of 1976 (42
U.S.C. 6501 et seq.) requires that the Bureau of Land
Management--
(A) allow for the exploration, development, and
production of petroleum products in the National
Petroleum Reserve in Alaska; and
(B) balance, to the extent consistent with that
Act, the protection of ecological and cultural values
in the National Petroleum Reserve in Alaska; and
(5) the proposed rule of the Bureau of Land Management
entitled ``Management and Protection of the National Petroleum
Reserve in Alaska'' (88 Fed. Reg. 62025 (September 8, 2023))
fails to reflect the intent of Congress for the Naval Petroleum
Reserves Production Act of 1976 (42 U.S.C. 6501 et seq.).
SEC. 3. DEFINITIONS.
In this Act:
(1) Coastal plain.--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).
(2) Coastal plain oil and gas leasing program.--The term
``Coastal Plain oil and gas leasing program'' means the program
established under section 20001(b)(2)(A) of Public Law 115-97
(16 U.S.C. 3143 note).
(3) Covered coastal plain lease tract.--The term ``covered
Coastal Plain lease tract'' means any of tracts 16, 17, 24, 26,
27, and 30 as listed in exhibit B of the document published by
the Bureau of Land Management entitled ``Amendment to the
Detailed Statement of Sale'' and dated December 18, 2020
(relating to oil and gas leasing within the Coastal Plain
Alaska).
(4) Record of decision.--The term ``Record of Decision''
means 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)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. CONGRESSIONAL APPROVAL OF ORDERS.
(a) Moratorium on Oil and Gas Leasing.--Any order or action by the
President or the Secretary that has the effect of placing a moratorium
on or otherwise suspending or pausing oil and gas leasing in the
Coastal Plain shall have no force or effect.
(b) Approval and Ratification of Existing Documentation and
Authorizations.--Notwithstanding any other provision of law, Congress--
(1) ratifies and approves all authorizations, permits,
verifications, extensions, biological opinions, incidental take
statements, and any other approvals or orders issued pursuant
to Federal law, as described in the Record of Decision,
necessary for the establishment and administration of the
Coastal Plain Oil and Gas Leasing Program; and
(2) directs the Secretary, the Administrator of the
Environmental Protection Agency, and the heads of other as
applicable Federal departments and agencies to process,
reinstate, or continue to maintain such authorizations,
permits, verifications, extensions, biological opinions,
incidental take statements, and any other approvals or orders
described in paragraph (1).
(c) Applicability of Other Law.--Notwithstanding any other
provision of law, the authorizations, permits, verifications,
extensions, biological opinions, incidental take statements, and any
other approvals or orders described in subsection (b)(1) shall be
considered to satisfy the requirements of--
(1) section 1002 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3142);
(2) section 102(2)(c) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(c));
(3) section 20001 of Public Law 115-97 (16 U.S.C. 3143
note);
(4) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(5) subchapter II of chapter 5 of title 5, United States
Code, and chapter 7 of title 5, United States Code.
SEC. 5. COASTAL PLAIN OIL AND GAS LEASING PROGRAM.
(a) Reissuance of Canceled Leases.--
(1) Acceptance of bids.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall, without
modification or delay--
(A) 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
(B) provide the appropriate lease form to each
winning bidder under subparagraph (A) to execute and
return to the Secretary.
(2) Lease issuance.--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--
(A) the applicable regulations, as in effect on
January 6, 2021; and
(B) the terms and conditions of the Record of
Decision.
(b) Requirement for Future Leases.--
(1) Second lease sale.--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.
(2) Exceptions for canceling a lease.--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.
(c) Applicability of Prior Record of Decision.--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--
(1) section 1002 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3142);
(2) section 102(2)(c) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(c));
(3) section 20001 of Public Law 115-97 (16 U.S.C. 3143
note);
(4) the Endangered Species Act of 1973 (Public Law 93-205;
16 U.S.C. 1533); and
(5) subchapter II of chapter 5 of title 5, United States
Code, and chapter 7 of title 5, United States Code.
(d) Withdrawal of Supplemental Environmental Impact Statement.--The
Director of the Bureau of Land Management--
(1) 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
(2) may not take any action to finalize, implement, or
enforce the supplemental environmental impact statement
described in paragraph (1).
(e) Judicial Review.--
(1) Judicial preclusion.--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.
(2) Forum exclusivity.--The United States Court of Appeals
for the District of Columbia Circuit shall have original and
exclusive jurisdiction over any claim regarding--
(A) the validity of this section; or
(B) the scope of authority conferred by this
section.
(3) Right to petition.--
(A) In general.--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).
(B) Deadlines.--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.
SEC. 6. NULLIFICATION OF CERTAIN FEDERAL AGENCY ACTIONS.
(a) NPRA Rule.--The Secretary, acting through the Director of the
Bureau of Land Management--
(1) shall withdraw the proposed rule of the Bureau of Land
Management entitled ``Management and Protection of the National
Petroleum Reserve in Alaska'' (88 Fed. Reg. 62025 (September 8,
2023)); and
(2) may not take any action to finalize, implement,
administer, or enforce the proposed rule described in paragraph
(1) or any substantially similar rule.
(b) Executive Order 13990.--
(1) In general.--Subsections (a) and (c) of section 4 of
Executive Order 13990 (86 Fed. Reg. 7037; relating to
protecting public health and the environment and restoring
science to tackle the climate crisis) shall have no force or
effect.
(2) Funding.--No Federal funds may be obligated or expended
to carry out subsection (a) or (c) of section 4 of the
Executive Order described in paragraph (1).
(c) Secretarial Order 3401.--
(1) In general.--Secretarial Order 3401 (relating to the
Comprehensive Analysis and Temporary Halt on all Activities in
the Arctic National Wildlife Refuge Relating to the Coastal
Plain Oil and Gas Leasing Program), issued by the Secretary on
June 1, 2021, shall have no force or effect.
(2) Funding.--No Federal funds may be obligated or expended
to carry out the Secretarial Order described in paragraph (1).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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