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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3289 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3289

   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 SENATE OF THE UNITED STATES

                            November 9, 2023

 Mr. Sullivan (for himself and Ms. Murkowski) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           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 ``Alaska's Right to Produce Act of 
2023''.

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) equally 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.--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 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>
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