II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alaska’s Right to 

5 Produce Act of 2023’’. 


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1 SEC. 2. CONGRESSIONAL FINDINGS. 

2 Congress finds that— 

3 (1) Congress provided clear authorization and 

4 direction that the Secretary of the Interior ‘‘shall es5 tablish and administer a competitive oil and gas pro6 gram for the leasing, development, production, and 

7 transportation of oil and gas in and from the Coast8 al Plain’’ in section 20001 of Public Law 115–97 

9 (16 U.S.C. 3143 note) (commonly known as the Tax 

10 Cuts and Jobs Act); 

11 (2) the timely administration of the Coastal 

12 Plain Oil and Gas Leasing Program is required and 

13 in the national and public interest; 

14 (3) the Department of the Interior’s cancelling 

15 of the leases for the covered Coastal Plain lease 

16 tracts represents a major decision of economic and 

17 political significance that Congress did not delegate 

18 to the Secretary; 

19 (4) the Naval Petroleum Reserves Production 

20 Act of 1976 (42 U.S.C. 6501 et seq.) requires that 

21 the Bureau of Land Management— 

22 (A) allow for the exploration, development, 

23 and production of petroleum products in the 

24 National Petroleum Reserve in Alaska; and 

25 (B) equally balance, to the extent con26 sistent with that Act, the protection of ecologiVerDate Sep 11 2014 00:15 Nov 15, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3289.IS S3289

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1 cal and cultural values in the National Petro2 leum Reserve in Alaska; and 

3 (5) the proposed rule of the Bureau of Land 

4 Management entitled ‘‘Management and Protection 

5 of the National Petroleum Reserve in Alaska’’ (88 

6 Fed. Reg. 62025 (September 8, 2023)) fails to re7 flect the intent of Congress for the Naval Petroleum 

8 Reserves Production Act of 1976 (42 U.S.C. 6501 

9 et seq.). 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) COASTAL PLAIN.—The term ‘‘Coastal 

13 Plain’’ has the meaning given the term in section 

14 20001(a) of Public Law 115–97 (16 U.S.C. 3143 

15 note). 

16 (2) COASTAL PLAIN OIL AND GAS LEASING PRO17 GRAM.—The term ‘‘Coastal Plain oil and gas leasing 

18 program’’ means the program established under sec19 tion 20001(b)(2)(A) of Public Law 115–97 (16 

20 U.S.C. 3143 note). 

21 (3) COVERED COASTAL PLAIN LEASE TRACT.— 

22 The term ‘‘covered Coastal Plain lease tract’’ means 

23 any of tracts 16, 17, 24, 26, 27, and 30 as listed 

24 in exhibit B of the document published by the Bu25 reau of Land Management entitled ‘‘Amendment to 


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1 the Detailed Statement of Sale’’ and dated Decem2 ber 18, 2020 (relating to oil and gas leasing within 

3 the Coastal Plain Alaska). 

4 (4) RECORD OF DECISION.—The term ‘‘Record 

5 of Decision’’ means the record of decision described 

6 in the notice of availability of the Bureau of Land 

7 Management entitled ‘‘Notice of Availability of the 

8 Record of Decision for the Final Environmental Im9 pact Statement for the Coastal Plain Oil and Gas 

10 Leasing Program, Alaska’’ (85 Fed. Reg. 51754 

11 (August 21, 2020)). 

12 (5) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 SEC. 4. CONGRESSIONAL APPROVAL OF ORDERS. 

15 (a) MORATORIUM ON OIL AND GAS LEASING.—Any 

16 order or action by the President or the Secretary that has 

17 the effect of placing a moratorium on or otherwise sus18 pending or pausing oil and gas leasing in the Coastal Plain 

19 shall have no force or effect. 

20 (b) APPROVAL AND RATIFICATION OF EXISTING

21 DOCUMENTATION AND AUTHORIZATIONS.—Notwith22 standing any other provision of law, Congress— 

23 (1) ratifies and approves all authorizations, per24 mits, verifications, extensions, biological opinions, in25 cidental take statements, and any other approvals or 


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1 orders issued pursuant to Federal law, as described 

2 in the Record of Decision, necessary for the estab3 lishment and administration of the Coastal Plain Oil 

4 and Gas Leasing Program; and 

5 (2) directs the Secretary, the Administrator of 

6 the Environmental Protection Agency, and the heads 

7 of other as applicable Federal departments and 

8 agencies to process, reinstate, or continue to main9 tain such authorizations, permits, verifications, ex10 tensions, biological opinions, incidental take state11 ments, and any other approvals or orders described 

12 in paragraph (1). 

13 (c) APPLICABILITY OF OTHER LAW.—Notwith14 standing any other provision of law, the authorizations, 

15 permits, verifications, extensions, biological opinions, inci16 dental take statements, and any other approvals or orders 

17 described in subsection (b)(1) shall be considered to sat18 isfy the requirements of— 

19 (1) section 1002 of the Alaska National Inter20 est Lands Conservation Act (16 U.S.C. 3142); 

21 (2) section 102(2)(c) of the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4332(2)(c)); 

23 (3) section 20001 of Public Law 115–97 (16 

24 U.S.C. 3143 note); 


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1 (4) the Endangered Species Act of 1973 (16 

2 U.S.C. 1531 et seq.); and 

3 (5) subchapter II of chapter 5 of title 5, United 

4 States Code, and chapter 7 of title 5, United States 

5 Code. 

6 SEC. 5. COASTAL PLAIN OIL AND GAS LEASING PROGRAM. 

7 (a) REISSUANCE OF CANCELED LEASES.— 

8 (1) ACCEPTANCE OF BIDS.—Not later than 30 

9 days after the date of enactment of this Act, the 

10 Secretary shall, without modification or delay— 

11 (A) accept the highest valid bid for each 

12 covered Coastal Plain lease tract for which a 

13 valid bid was received on January 6, 2021, pur14 suant to the requirement to hold the first lease 

15 sale in the Coastal Plain oil and gas leasing 

16 program; and 

17 (B) provide the appropriate lease form to 

18 each winning bidder under subparagraph (A) to 

19 execute and return to the Secretary. 

20 (2) LEASE ISSUANCE.—On receipt of an exe21 cuted lease form under paragraph (1)(B) and pay22 ment in accordance with that lease of the rental for 

23 the first year, the balance of the bonus bid (unless 

24 deferred), and any required bond or security from 

25 the high bidder, the Secretary shall promptly issue 


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1 to the high bidder a fully executed lease, in accord2 ance with— 

3 (A) the applicable regulations, as in effect 

4 on January 6, 2021; and 

5 (B) the terms and conditions of the Record 

6 of Decision. 

7 (b) REQUIREMENT FOR FUTURE LEASES.— 

8 (1) SECOND LEASE SALE.—Not later than De9 cember 22, 2024, the Secretary shall conduct the 

10 second lease sale required by section 

11 20001(c)(1)(B)(ii)(II) of Public Law 115–97 (16 

12 U.S.C. 3143 note) in accordance with the Record of 

13 Decision. 

14 (2) EXCEPTIONS FOR CANCELING A LEASE.— 

15 Notwithstanding any other provision of law, the 

16 President and the Secretary may not cancel a lease 

17 issued under the Coastal Plain oil and gas leasing 

18 program if the Secretary has previously opened bids 

19 for such a lease or disclosed the high bidder for any 

20 tract that was included in a lease sale under the 

21 Coastal Plain oil and gas leasing program unless the 

22 lessee is in violation of the terms of the lease and 

23 fails to cure the violation after a reasonable period 

24 of time. 


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1 (c) APPLICABILITY OF PRIOR RECORD OF DECI2 SION.—Notwithstanding any other provision of law and 

3 with respect to reissuing leases under subsection (a), the 

4 Record of Decision shall be considered to satisfy the re5 quirements of— 

6 (1) section 1002 of the Alaska National Inter7 est Lands Conservation Act (16 U.S.C. 3142); 

8 (2) section 102(2)(c) of the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4332(2)(c)); 

10 (3) section 20001 of Public Law 115–97 (16 

11 U.S.C. 3143 note); 

12 (4) the Endangered Species Act of 1973 (Public 

13 Law 93–205; 16 U.S.C. 1533); and 

14 (5) subchapter II of chapter 5 of title 5, United 

15 States Code, and chapter 7 of title 5, United States 

16 Code. 

17 (d) WITHDRAWAL OF SUPPLEMENTAL ENVIRON18 MENTAL IMPACT STATEMENT.—The Director of the Bu19 reau of Land Management— 

20 (1) shall withdraw the notice of availability en21 titled ‘‘Notice of Availability of the Draft Coastal 

22 Plain Oil and Gas Leasing Program Supplemental 

23 Environmental Impact Statement’’ (88 Fed. Reg. 

24 62104 (September 8, 2023)); and 


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1 (2) may not take any action to finalize, imple2 ment, or enforce the supplemental environmental im3 pact statement described in paragraph (1). 

4 (e) JUDICIAL REVIEW.— 

5 (1) JUDICIAL PRECLUSION.—Notwithstanding 

6 any other provision of law and except as provided in 

7 paragraph (2), no court shall have jurisdiction to re8 view any action taken by the Secretary, the Adminis9 trator of the Environmental Protection Agency, a 

10 State administrative agency, an Indian Tribe, or any 

11 other Federal agency acting pursuant to Federal law 

12 that grants an authorization, permit, verification, bi13 ological opinion, incidental take statement, or other 

14 approval described in section 4(b) for the Coastal 

15 Plain Oil and Gas Leasing Program, whether issued 

16 prior to, on, or after the date of enactment of this 

17 Act, and including any lawsuit or any other action 

18 pending in a court as of the date of enactment of 

19 this Act. 

20 (2) FORUM EXCLUSIVITY.—The United States 

21 Court of Appeals for the District of Columbia Cir22 cuit shall have original and exclusive jurisdiction 

23 over any claim regarding— 

24 (A) the validity of this section; or 


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1 (B) the scope of authority conferred by 

2 this section. 

3 (3) RIGHT TO PETITION.— 

4 (A) IN GENERAL.—Notwithstanding para5 graph (1), a lease holder may obtain a review 

6 of an alleged failure by an agency to act in ac7 cordance with section 20001 of Public Law 

8 115–97 (16 U.S.C. 3143 note) or with any law 

9 pertaining to the grant of an authorization, per10 mit, verification, biological opinion, incidental 

11 take statement, or other approval related to the 

12 lease holder’s lease by filing a written petition 

13 with a court of competent jurisdiction seeking 

14 an order under subparagraph (B). 

15 (B) DEADLINES.—If a court of competent 

16 jurisdiction finds that an agency has failed to 

17 act in accordance with section 20001 of Public 

18 Law 115–97 (16 U.S.C. 3143 note) or with any 

19 law pertaining to the grant of an authorization, 

20 permit, verification, biological opinion, inci21 dental take statement, or other approval related 

22 to the lease holder’s lease, the court shall set a 

23 schedule and deadline for the agency to act as 

24 soon as practicable, which shall not exceed 90 

25 days from the date on which the order of the 


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1 court is issued, unless the court determines a 

2 longer time period is necessary to comply with 

3 applicable law. 

4 SEC. 6. NULLIFICATION OF CERTAIN FEDERAL AGENCY AC5 TIONS. 

6 (a) NPRA RULE.—The Secretary, acting through the 

7 Director of the Bureau of Land Management— 

8 (1) shall withdraw the proposed rule of the Bu9 reau of Land Management entitled ‘‘Management 

10 and Protection of the National Petroleum Reserve in 

11 Alaska’’ (88 Fed. Reg. 62025 (September 8, 2023)); 

12 and 

13 (2) may not take any action to finalize, imple14 ment, administer, or enforce the proposed rule de15 scribed in paragraph (1) or any substantially similar 

16 rule. 

17 (b) EXECUTIVE ORDER 13990.— 

18 (1) IN GENERAL.—Section 4 of Executive 

19 Order 13990 (86 Fed. Reg. 7037; relating to pro20 tecting public health and the environment and re21 storing science to tackle the climate crisis) shall 

22 have no force or effect. 

23 (2) FUNDING.—No Federal funds may be obli24 gated or expended to carry out section 4 of the Ex25 ecutive Order described in paragraph (1). 


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1 (c) SECRETARIAL ORDER 3401.— 

2 (1) IN GENERAL.—Secretarial Order 3401 (re3 lating to the Comprehensive Analysis and Tem4 porary Halt on all Activities in the Arctic National 

5 Wildlife Refuge Relating to the Coastal Plain Oil 

6 and Gas Leasing Program), issued by the Secretary 

7 on June 1, 2021, shall have no force or effect. 

8 (2) FUNDING.—No Federal funds may be obli9 gated or expended to carry out the Secretarial Order 

10 described in paragraph (1). 

Æ 


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